Submitted by Terence Blackett
Most of us were raised to believe that the law is the glory of a decent society; that the rule of law is the sine qua non of a postmodern civilization; that international law is the greatest protector of human rights; that lawyers coupled with doctors remain an elite profession to which a young person can aspire; that making laws is the great work of governments and legislatures; that law schools are among the noble places of learning in society; that the title “judge” or “magistrate” was perhaps one of the highest appellations one can have in society; and that the “jury system” is an essential component of a just society. Sadly, most of the abovementioned ideals have become a pathetic nonsense. The legal system is now our enemy according to many disaffected souls.
Many have come to fear almost everything having to do with law. Though there are many fine people in the legal profession, and though law is necessary to protect society from descending into chaos, we now fear the legal profession more than we do Islamic terror.
The legal profession in Barbados is in a state of moral hazard. This world of modern jurists is a law onto themselves stuck in an archaic world of political and legal privilege. I always thought the client’s interest was the sole responsibility of his lawyer but the only interest worth consideration is that of the lawyer and his bank account.
According to the code of conduct for lawyers – one often thought that they must always act in the best interests of their clients subject to preserving their independence as solicitors and to the due observance of the law, professional practice rules and the principles of good professional conduct.
Is not the code of conduct clear when it says that lawyers should not permit their own personal interests or those of the legal profession in general to influence their acting on behalf of clients; further, their acting must be free of all political considerations?
Are lawyers required to advise their clients of any significant development in relation to their case or transaction and explain matters to the extent reasonably necessary to permit informed decisions by clients regarding the instructions which require to be given by them?
Many wonder why information is not clear and comprehensive and where necessary or appropriate confirmed in writing. In particular lawyers should advise clients in writing when it becomes known that the cost of work will materially exceed any estimate that has been given and should also advise the client when the limit of the original estimate provided is being approached.
The duty to communicate effectively extends to include the obligation on lawyers to account to their clients in respect of all relevant monies passing through the lawyer’s hands. The fees charged by lawyers should be fair and reasonable in all circumstances. Factors to be considered in relation to the reasonableness of the fee include:
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the importance of the matter to the client;
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the amount or value of any money, property or transaction involved;
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the complexity of the matter or the difficulty or novelty of the question raised;
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the skill, labour, specialised knowledge and responsibility involved on the part of the lawyer;
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the time expended;
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the length, number and importance of any documents or other papers prepared or perused;
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and the place where and the circumstances in which the services or any part thereof are rendered and the degree of urgency involved.
Are not lawyers required to act honestly at all times and in such a way as to put their personal integrity beyond question? Lawyers’ actions and personal behaviour must be consistent with the need for mutual trust and confidence among clients, the courts, the public and fellow lawyers.
For example, lawyers must observe the Accounts Rules which govern the manner in which clients’ funds may be held by solicitors and which are designed to ensure that clients’ monies are safeguarded. Lawyers who are dishonest in a matter not directly affecting their clients are nonetheless guilty of professional misconduct.
Sadly policing the custodians of the legal system remains a colossal undertaking especially where phenomenal sums of monies are involved. The legal profession is no longer about the letter and the spirit of the law but rather about making money, no matter the cost, whether in human lives, moral integrity or political expediency.
Regrettably, these practices are endemic in most Third World countries (especially in Barbados) because shrewd lawyers circumnavigate the boundaries of the law and big money is a powerful and egregious catalyst for corruption even amongst the custodians of the legal system.
All it takes for corruption and evil to prevail is for good men to do nothing. Barbados maybe a drop in the ocean compared to larger economies like the US and the EU but the civil and legal norms of accountability must also govern our practice and our right standing within the international economic community. Government must work tirelessly at greater simplification and transparency within the legal system where the interests of its people and that of others are protected from rogue traders, unscrupulous lawyers and corrupt politicians.
The blogmaster invites you to join the discussion.