PROFESSIONALS AND PRECEDENT

Sir,

A few years ago some candidate attorneys had a whole week preparation for their bar exam, which is an exam that qualifies one to be admitted to practice law as an attorney of the High Court of Eswatini. Four subjects usually form part of this exam, and among them, is Accounting for Lawyers. The tutor of this accounting course in this particular year, was no doubt a brilliant man. He sought to demonstrate to these candidate attorneys (his students for the week) that nothing much goes on in the work of an attorney, but that they use some set precedent documents in which they just edit a few things, solve the case of the new client and then submit that document to court. This was quite an abridged disparaging shot to the noble profession as if this man’s profession, Accounting, does not rely on precedent.

Defending

Well, instead of defending the profession of the learned friends, which I could easily do, since I know from firsthand experience how taxing and demanding their work is, and that it requires a lot of thinking, I will endeavor to show that any profession that you know out there, lives on precedent. No, professionals do not rely on those who have gone before them; they all study the works of others before practicing their ‘own’ money making schemes.

Critical

Let us start with Bookkeeping and Accounts, the profession of this man who was critical of the profession of attorneys. This is one profession that was founded on precedent and without it, it would not survive. Everyone who gets to study accounting is taught the old and unchanging precedent namely; ‘debit the receiver, credit the giver’. That is the basic accounting principle; and anyone who would attempt to create his own principle and practice contrary to this one, would not succeed but would utterly fail. This is old stuff, older than most of those who practice it today. These are people bound by precedent and are undeviatingly enslaved and obedient to the ledger principle; and they have to do so, if they are to be relevant and successful in their field of study. The companies they do accounting for would only thrive on the basis of accountants keeping precedent. Therefore, not much goes on without precedent here.

Brag

Let us take a look at the professor of Math, Algebra and Calculus. This man has nothing to brag about. Year in, year out, he teaches one and the same stuff, and the saying ‘there is nothing new under the sun’ holds true in this sense.  Here the professor relies on precedent and old formulas to do the mathematical calculations. He can pride himself of no new thinking or new formulae. The precedent was set long time ago, even before he was born. Some of the formulas he uses are over 2000 years old. The thinking of the Pythagoras of Greeks antiquity, 600 years BC, binds him. What he teaches to his students is nothing of his own creativity or thinking. The same holds with the English teacher: (s)he is teaching nothing outside the set course of the nine Parts of Speech. Next, we look at the engineer and his work. In order for him to build a bridge, he must first understand the stresses involved and uses set standards and guidelines set long time ago, in order for him to successfully build a sustainable bridge.

Guide

As for the farmer, he too has precedent for his guide. He has been taught what type of soil he has to use for his seeds and seedlings, for their proper growth, so that they could give him a sound yield. He has also been told what chemicals and insecticides to use, at a given time, to protect his plants. For the doctor, he also has to study the medicine of his predecessors, before he could attempt to develop his own studies. Without precedent the medical expert has absolutely nothing to base his practice. He has to first learn the complex and esoteric medical terms, before he can do surgery, otherwise he would not be a practicing doctor.  Therefore, all professionals and professions are precedent based. They each owe an awful lot, to their predecessors, who have set the path for them.

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