FAISZA MUSTAPHA MARKAR President’s Counsel

In this week’s edition of SHE CAN, I had the privilege of engaging in conversation with President’s Counsel, Faisza Mustapha Markar, a trailblazing barrister from Sri Lanka who is shattering the legal glass ceiling with her remarkable achievements. As one of the few female President's Counsel in Sri Lanka, Faisza is not only making her mark in a profession traditionally dominated by men but also serving as an inspiration for young Sri Lankan women. Her journey is a testament to the power of determination, hard work, and breaking through barriers. Faisza Mustapha Markar proves that she can, and so can every young woman with a dream. Join us as we delve into her inspiring story and the lessons she has learned along the way.

Share with us a summary of your personal journey?

My personal journey has been quite a winding path, filled with the challenge of balancing personal obligations and family commitments. After finishing my Advanced Level examinations, I accompanied my husband overseas. Upon our return, I embarked on the pursuit of my academic and professional goals. Despite the demands of my personal life, I managed to complete my Law degree, LLM, and Barristers. Juggling these responsibilities was especially challenging as I also welcomed the arrival of my two daughters during this period.

Share with us a summary of your professional journey?

My professional journey started with a significant step: joining my father’s Chambers, where I gained invaluable insights and foundational skills. Working under the mentorship of esteemed figures such as the late Mr. D. Wijesinghe and Manohara De Silva PC, was a truly enriching experience, and their exceptional kindness left a lasting impression on me. As a lawyer, my career has been both challenging and rewarding. I began by earning my Law degree and gained experience in various legal fields, including litigation, corporate law, and constitutional law.

What inspired you to follow in your family's long and illustrious legal tradition?

Frequenting the chambers of my grandfather and father inspired me to follow in my family’s long and illustrious legal tradition. Their dedication to the profession deeply influenced my decision to join them in the legal field.

Could you share some of the key lessons you learned from your grandfather and father about practicing law?

The dedication, humility, and selflessness displayed by my grandfather and father in serving their clients and community left a profound impact on me. Their commitment to excellence and integrity transcended their professional lives and inspired me in my own practice of law.

How did your experiences as a Lecturer at the Open University of Sri Lanka contribute to your legal career?

My experience as a Lecturer at the Open University of Sri Lanka was intellectually stimulating and intense. I found immense satisfaction in disseminating knowledge and streamlining the theoretical aspects of my subject area. Additionally, it significantly broadened my own knowledge, which has been invaluable in my legal career.

How do you manage the balancing act between your professional career and your roles as a wife and mother?

Balancing my professional career with my roles as a wife and mother has been quite challenging. However, with the support of my parents, husband, and daughters, I’ve managed to maintain a harmonious relationship while also engaging in extracurricular activities such as fitness, entrepreneurial work, and social services. I strongly believe that it is possible to pursue a career while still maintaining a harmonious family life.

Religion seems to play a significant role in your life. How does your faith influence your approach to law and public service?

Islam has been a guiding force in every aspect of my life, including my approach to law and public service.

What challenges did you face when your father was stationed overseas, and how did you overcome them?

When my father was stationed overseas, I encountered significant challenges. Suddenly, I found myself thrust into the deep end, facing eminent counsels without his guidance. It was a daunting experience, but it also marked a significant turning point in my career. I discovered my inner strength and learned to rely on my own abilities, knowledge, and determination to navigate the complexities of legal practice. Despite the initial difficulties, this period of independence and self-reliance ultimately helped me grow and develop as a legal professional.

How do you think your family’s legal background has shaped your daughters’ career aspirations and achievements?

Having a family background in law has undoubtedly influenced my daughters’ career aspirations and achievements in distinct ways. My daughter, who is a practicing lawyer, likely drew inspiration and guidance from our family's legal heritage. She may have felt a natural inclination towards the field and benefited from shared insights and experiences. On the other hand, my other daughter, who transitioned from practicing law to lecturing and running an educational establishment, may have been influenced by a deeper understanding of the legal system and a desire to impart that knowledge to others. Overall, our family’s legal background has provided a rich foundation from which both daughters have pursued their respective paths within the legal profession, each contributing in their own unique and meaningful manner.

Could you narrate a significant experience from your early legal career where you independently managed a case?

After being called to the Bar in 1998, I gained five years of legal practice before appearing as Counsel in a significant Writ application. It was an immensely satisfying experience to handle a case of public importance, specifically the Crest Gems Vs. Colombo Municipal Council, reported in the 2003 (1) Sri Lanka Law Report at 370. In this case, I represented a client challenging the imposition of a tax on the Gem and Jewellery industry, arguing that it was beyond the powers of the Colombo Municipal Council. I found myself pitted against a very senior lawyer representing the Municipal Council of Colombo.  The Court of Appeal ruled in favour of my submission, declaring the tax invalid. However, the Council appealed to the Supreme Court, where I represented my client. In this higher forum, the Municipal Council was represented by a President’s Counsel. Ultimately, their Lordships of the Supreme Court upheld my submission, affirming the judgment of the Court of Appeal and declaring the tax invalid. This judgment held national importance as it addressed the review of the powers of the Municipal Council and issues arising from differences in the Sinhala and English versions of the legislation.

What led you to specialize in Administrative Law and Judicial Review, particularly in the area of Writ applications and Fundamental Rights?

My specialization in Administrative Law and Judicial Review, particularly focusing on Writ applications and Fundamental Rights, is the result of various factors and experiences throughout my legal career. During my early years of practice, I found myself naturally drawn to cases involving administrative actions and decisions. I was fascinated by the intricate workings of government agencies and their interactions with citizens, as well as the potential implications of these actions on individual rights and liberties. As I delved deeper into this area of law, I developed a strong passion for protecting and upholding fundamental rights against encroachment by state authorities. The opportunity to challenge government actions through Writ applications, such as Writs of Certiorari, Mandamus, and Prohibition, appealed to me as a means of seeking justice and ensuring accountability in administrative decision-making.

As someone who has served on the Companies Disputes Board, what do you see as the advantages of mediation in resolving corporate disputes?

Mediation offers several advantages for resolving corporate disputes, making it highly advantageous. Firstly, it promotes cost-effectiveness by avoiding lengthy court proceedings and minimizing legal fees. Secondly, mediation preserves valuable business relationships and maintains confidentiality. Additionally, it provides flexibility and control over the outcome, facilitates speedier resolutions, and benefits from the expertise of trained mediators in navigating complex issues. Overall, mediation offers a collaborative and efficient approach to resolving corporate conflicts to the satisfaction of all parties involved.

How does it feel to become a President's Counsel, continuing your family's tradition, and sharing the oath-taking date with Mr. Romesh de Silva's son?

Becoming a President's Counsel is the pinnacle of my aspirations, and it's truly gratifying, especially in continuing my family's tradition in the legal profession. Sharing the oath-taking ceremony with Eraj, the son of PC Romesh de Silva, was a special moment, considering our similar backgrounds and the distinguished legacy we both come from. Despite our fathers having been on opposing sides in many cases, our families share a common value of prioritizing family above all else. Additionally, it's particularly meaningful that Mr. Romesh De Silva PC and my father took oaths on the same day, namely 29th January, exactly 36 years ago, adding another layer of significance to our shared journey.

What advice would you give to aspiring lawyers, especially those balancing familial responsibilities with professional ambitions?

Starting out in the legal profession can be challenging, but it's important to remember that with hard work, dedication, and perseverance, you can achieve your goals. There's simply no substitute for hard work. It's crucial to stay focused on your objectives, even when faced with challenges along the way. However, beyond just working hard, it's essential to be passionate about your work. When you're passionate about what you do, it fuels your determination and resilience, enabling you to overcome obstacles and achieve success. It's also important to remember that your journey may not always be easy. There will be ups and downs, but staying committed to your aspirations and maintaining a genuine love for what you do will ultimately lead you to fulfilment in both your professional and personal life. So, keep pushing forward, stay focused, work hard, and never lose sight of your goals. Your dedication will pay off in the end.

Reflecting on your journey, what are the key principles or values that have guided you to success, both personally and professionally?

Reflecting on my journey, several key principles and values have been instrumental in guiding me to success, both personally and professionally. Firstly, faith has played a significant role, providing me with strength, guidance, and a sense of purpose throughout various challenges and triumphs. Additionally, integrity has been paramount; I've always striven to uphold honesty, transparency, and ethical conduct in all my endeavours. Perseverance has been another guiding principle, allowing me to navigate obstacles with determination and resilience. Continuous learning has also been crucial; I believe in the importance of adapting to new knowledge and experiences to stay relevant and grow. Furthermore, compassion towards others and a commitment to service have enriched my interactions and contributed to a sense of fulfilment in both my personal and professional life. These principles collectively form the foundation of my journey and have shaped my actions, decisions, and relationships along the way.

Have you ever faced any form of discrimination?

In a profession that is predominantly male, there's a delicate balance between advocating assertively for your clients as a woman and adhering to societal expectations of femininity. It's a challenge not typically encountered by men. If you assert yourself too strongly, you risk being perceived as unladylike. This delicate balance often presents challenges and can lead to instances of discrimination or bias.

Can you share some notable successes or achievements that you are particularly proud of in your professional journey?

I am particularly proud of two significant achievements in my professional journey. Firstly, despite being married with two children and unable to reside in the UK as a full-time student, I successfully overcame the hurdles to be admitted to the bar in the UK. This required frequent travel between Sri Lanka and the UK to meet the requirement of attending 24 mandatory dinners for the exam. Secondly, I take great pride in being appointed as President’s Counsel, a recognition of years of hard work, dedication, and excellence in my legal career.

What advice would you give to young professionals, especially women, looking to succeed in leadership roles?

Strive for Gender Equality: Advocate for gender equality, social inclusion, and women's empowerment while remaining mindful of social, religious, and ethical responsibilities.

Embrace Diversity and Inclusion: Embrace diversity and inclusion in all aspects of your leadership journey. Recognize and celebrate the unique perspectives and experiences that each individual brings to the table.

Advocate for Equal Opportunities: Advocate for equal opportunities and support networks for women in the workplace. Work towards creating environments where everyone has an equal chance to succeed.

Be Bold and Confident: Be bold, confident, and assertive in pursuing your goals. Don't be afraid to speak up and take on leadership roles.

Collaborate and Empathize: Remember the importance of collaboration and empathy in leadership. Listen to others, build strong relationships, and work together towards common goals.

Maintain Integrity and Values: Above all, never compromise your integrity and values as you navigate the path to success. Stay true to yourself and the principles that guide you.

Are there lessons from your own journey that you believe could benefit those starting their careers?

Believe in Yourself: Have confidence in your abilities and believe in your potential to achieve great things.

Dedication and Determination: Work towards building your career with utmost dedication and determination. Success rarely comes without hard work and perseverance.

Contribute to Society: As you build your career, don't forget to give back to society. Use your skills and expertise to make a positive impact on the world around you.

Who do you look up to for inspiration or mentorship?

For inspiration and mentorship, I deeply admire and look up to a variety of individuals, including my parents, who have been steadfast guides throughout my life journey. My father, with his unwavering dedication to his profession and integrity, has instilled in me the importance of hard work and ethical conduct. My mother, with her resilience, compassion, and wisdom, has taught me the value of kindness and empathy in navigating life's challenges. Additionally, I draw inspiration from accomplished professionals in my field who exemplify excellence.

What would you like to achieve next?

While I am content with my achievements thus far, I am eager to explore new avenues for personal and professional growth. One possibility I am considering is pursuing a PhD to deepen my expertise and make a more significant contribution to my field.