Unscrupulous lawyers continue to fleece clients

Nov 23, 2017 News

– Litigants bemoan non-functional sanctioning body

Litigants are continuing to raise concerns over the non-functioning of the disciplinary committee for lawyers. The Laws of Guyana make provisions for the Legal Practitioners’ Committee (LPC) or disciplinary body to be set up under the Legal Practitioners’ Act, to deal with lawyers found culpable for wrongdoings in their field of work.
The LPC was constituted to operate for two years through two panels elected to make determinations on complaints filed against defaulting legal practitioners. The lives of those panels have expired and are yet to resume operation. However, litigants continue to make complaints about defaulting attorneys and bemoan the fact that the regulatory body is still non-functional.
One such litigant travelled from overseas to attend Court in Guyana over a property dispute matter which has been in the system for over five years. He claims that the said matter involves an attorney who attempted to fleece his family out of their inheritance.
The family is accusing the lawyer of fraud and of selling portions of an estate which the man said his grandfather left to his children. The man recently expressed frustration over the fact that no sanctions have been brought against the lawyer involved.
“It is very disturbing that the lawyer continues to do work in the courts, and appears to be untouchable. I would really love to see sanctions brought against this lawyer, but I am told that the committee is not currently functioning.”
The man also lamented over the fact that the case has been scheduled to continue early next year. He noted that he had expended a lot of time and resources, seeking justice and fighting for his inheritance.
“I was summoned here on a court order, only to be told after I arrived in Guyana that the matter was put off until early next year.”
“This is unfair because I left my home, daughter and job to be here and now the matter is postponed. I just really want the issue to come to an end and my family to get some justice,” the man stated. Similarly, a city-based businessman is currently engaged in a legal dispute to recover prime lands which he claims were sold by persons, including lawyers, without his knowledge or consent. The prime properties are valued at over $100 million. The businessman told Kaieteur News that he is hoping that disciplinary action can be taken against the lawyers found culpable.
According to law, the Legal Practitioners’ Committee comprises 15 lawyers, 12 appointed by the Chancellor and the remainder being state officials from the Attorney General’s Chambers who are ex-officio members, hears complaints against lawyers.
Article 36 of the Act gives the committee the power to “(a) dismiss the complaint; (b) impose on the attorney-at-law to whom the complaint relates, a fine not exceeding $200,000 as the Committee thinks proper; (c) reprimand the attorney-at-law to whom the application relates; or (d) make an order as to costs of proceedings as it thinks fit, and in addition, except where the application is dismissed, the Committee may order the attorney-at-law to pay the applicant or person aggrieved a sum by way of compensation and reimbursement and any further sum in respect of expenses incidental to the hearing of the application and the consideration of the report as it thinks fit.”
The Act also states that if the committee is of the opinion that a more severe punishment such as suspension from practice or removal from the Court Roll is justifiable, it shall forward to the Chancellor and to the Attorney General a copy of the proceedings before it and its findings. “Once the committee establishes that there is a case for misconduct against a lawyer, it has to report its findings to the judges of the court. The Attorney-at-law in question is given an opportunity to show cause why an order to remove him from the Court Roll shall not be made against him and the Attorney-General or an attorney-at-law nominated by him may also be heard.”
During a recent interview with the press, President of the Guyana Bar Association (GBA) Kamal Ramkarran noted that the GBA is finalising its list of nominees for the Legal Practitioners’ Committee, which could be up and running by the end of this month. Ramkarran had noted the importance of lawyers being held accountable for any wrongdoing.
He said that he has received a handful of complaints from the aggrieved clients of some practitioners.

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