Promising young lawyers assist courts in novel cases with independent viewpoints

The YIC scheme

Since 2009, promising young lawyers who are at an early stage of their careers have been appointed by the court under a scheme to bring a fresh perspective on novel or difficult questions of law.

Originally known as the young amicus curiae scheme, it was renamed the YIC scheme as part of efforts to use court terminology that is easier to understand.

Applicants to the scheme are required to have good academic grades and at least two years’ experience as a practising lawyer or as a legal service officer or judicial service officer.

They have to submit their law school transcripts, a piece of written work, and at least one recommendation from a judge, or a member of the legal profession with at least 10 years’ experience.

YICs, who are appointed for a one-year term, do not act for any party to a case.

Their role is to provide submissions from a neutral standpoint to help the court consider a wider range of viewpoints.

The scheme allows these lawyers to gain courtroom experience, hone their advocacy skills, and contribute to the development of the law through their research and submissions.

Fresh slate

A former YIC, Jonathan Trachsel, was assigned a civil case and a criminal case during his time on the panel in 2023.

He applied for the scheme after a partner at his firm asked him to think about it, and his mentors at the time encouraged him to go for it.

“You’re not put into a position where you have to advance one side or the other. You really get to just look at it, fresh slate, what do you think the law is or should be,” he said of a YIC’s duty.

Now 34 and a partner at Allen & Gledhill, practising in commercial litigation and arbitration, Trachsel said it makes sense to have another set of eyes look at cases with novel issues or wider implications.

The civil case he did was an accident claim involving the question on whether government subsidies and grants covering a portion of the claimant’s medical expenses were recoverable as damages, as an exception to the general rule against double recovery.

The case had gone through two rounds in the State Courts before he was appointed as YIC for the High Court appeal.

Trachsel said he was familiar with the arguments, which centred on a certain line of cases, but he thought no one had considered a particular set of UK legislation.

“So I thought that was like a new angle that was relevant,” he said.

Supportive bosses

Both Ng and Trachsel said managing the YIC assignment alongside their regular practice required good time management and communication with superiors and colleagues.

Ng, who obtained her master’s degree from Harvard Law School after graduating from Singapore Management University as valedictorian, said she was fortunate because her brief came during the December holiday period.

“So clients go on holiday, and then you just naturally have a little bit more time to deal with that. Beyond that, I communicated with my superiors, my bosses, who are generally very supportive, and manage timelines.”

“You take the time that you need to, and you just work out a schedule that works for everyone.”

Trachsel, who graduated with first class honours from the National University of Singapore and served as a Justices’ Law Clerk, said he put in the time that he thought was necessary to study the issues.

He said his mentors at the firm were quite understanding and supportive, and his peers and colleagues would step up to take over some of the work.

“But, for that period, it’s like you have an extra gear where, okay, now you finish your day work that’s urgent. You need to then dedicate that extra few hours a day to do your research or your drafting. It’s like a side project,” he said.