Lawless lawyers

Bar Association head laments rise in indisciplined attorneys

BY HG HELPS Editor-at-Large helpsh@jamaicaobserver.com

Sunday, May 08, 2011

NEW Jamaican Bar Association president Ian Wilkinson is concerned about the increasing number of disciplinary cases against lawyers.

Latest statistics show that the General Legal Council had disbarred 47 lawyers over the last 25 years, with a marked rise in the last five years.

Wilkinson, 46, is leading a Bar Association which has placed the conduct of its members on the list of priorities over the next year and beyond.

"What is going to happen after this Manatt inquiry is the profile (of lawyers) is going to go up more, because people see how these lawyers do their thing," he added.

The new president said that he is concerned about the increased publicity that has been generated by reports of disciplinary measures taken against lawyers.

"For example, in the last year, it is the first since I have been in practice that I have seen so many notices posted in one year. Some of these are not disbarment, some of them are suspensions and other things, but they are disciplinary matters, so it must be a concern.

"I always say that these people who do these things, it goes back to personality, because if they were doctors and accountants they would get into trouble the same way. The problem with law is that it allows access to title documents and to money, probably more than any other profession. Bankers and accountants to some extent have access to certain things, but nobody more than lawyers.

He, however, said some of these cases did not begin with criminal intent.

"Sometimes, some of these people (lawyers), in all fairness, I don't regard them as criminals. There are some persons who unfortunately get themselves in situations that they never planned to. The thing with criminals is that a criminal sets out with a mental intent, but some of these lawyers don't set out to thief people's money. Some of them expect a cheque to come in next week and they say 'I am just going to use this to cover that until the cheque comes'. I am not suggesting that that is what ought to be done, but they didn't intend to take the money, but for whatever reason the cheque that they expected just doesn't come. The fees that they expected to be paid do not come and they are out of pocket and whatever they have touched they can't put it back in time. It's unfortunate," he said.

Wilkinson said some of what the public sees published as disciplinary matters against lawyers, do not necessarily involve dishonesty in terms of money.

"When you hear dishonesty, right away you think that it's people stealing money, but it's not necessarily about that, some of it involves accounting rules, because new laws have been passed insisting that lawyers must file accounting rules, which I agree with.

"Some people are disciplined for not filing on time, or at all, but, for the most part, the profession tends to comply," he said.

The General Legal Council, which regulates the practice of law in Jamaica, said last year that there were over 4,000 lawyers who were enrolled to practise in Jamaica.

However, it is widely believed that of the over 4,000, less than 1,000 of them hold practising certificates.

Wilkinson is of the view that the bad eggs within the profession are still in the minority.

"When you look at the number of lawyers practising, relatively speaking, the perpetrators are very few, in all fairness. But, because of the profile of the profession, the importance that it holds in the scheme of the Jamaican society, the publicity following only one matter is the proverbial bad apple spoiling the whole bunch. All in all, I think the profession is in a very good shape.

"I think the law school is in the best shape ever in turning out students; the people who are working at the General Legal Council are experienced heads and the people at the Bar Association has the interest of the profession at heart.

"I don't think there is any collusion to try and cover up for lawyers. In fact, in the legal profession probably more than any other, the lawyers are being disciplined far more than any other professional body. Members of other professions have said to me, 'boy, you guys are really doing a good job in disciplining errant members. We over here are not doing this or not doing that'.

"We are doing everything to protect the public, in fact, the General Legal Council — which is the regulatory arm of the profession — some members accuse it of going overboard, because a number of matters which come up for hearing, sometimes when you look at them they really ought not to be set down for hearing... They are some trivial matters which could have been settled and dealt with elsewhere.

"One of the things I am going to look at as part of my mandate from the Bar, is mediation between lawyers and clients. Mediation is something that has taken root in the Jamaican society. Cases don't go to trial unless they are mediated. Why not have it for lawyers?" said Wilkinson, who became president of the Jamaican Bar Association on March 19, succeeding Jacqueline Samuels Brown who did not seek re-election.

"I have been teaching at the Norman Manley Law School since 1990, a few months after I graduated in 1989 and I have remained at the law school since that time, because I'm trying to influence the way how students think and how they behave in practice," he said pointing to the increasing numbers of applicants who want to study law.

"I try to preach to them that this thing is not all about money... it's about working hard. I try and emphasise that it is a service industry. Some people don't like when I say it, but lawyers are glorified servants.

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