President of the Jamaican Bar Association (JBA) Donovan Walker is urging the public not to be alarmed at the recent arrest of at least five attorneys on fraud charges, as the majority of members of the country’s legal profession practise at the highest standard.

“This is not typical what is before us, and I want members of the public to know that the vast majority of attorneys simply practise in a way that is accountable, responsible and honest,” Walker told the Jamaica Observer.

The JBA president’s assurance comes against the background of the arrest of prominent counsels Harold Brady, Michael Lorne, and Patrick Bailey.

Lorne, a high-profile lawyer who recently represented clients in the Tivoli Commission of Enquiry, was slapped with charges of forgery and fraudulent conversion on March 2. A day later, fraud charges were brought against Brady, who is also a senior member of the Jamaica Labour Party. Both attorneys were charged in connection with real estate transactions involving millions of dollars.

Later that month, St Ann-based lawyer Debbie-Ann Samuels was also taken into custody and charged with two counts of fraudulent conversion, following allegations that she defrauded clients of close to $4 million, which was awarded to them from a personal injury claim.

Well-known attorney, Bailey, was also arrested and charged with forgery and conspiracy in relation to a land transaction.

Attorney Leroy Equiano, who is also a director of the Legal Aid Council, was arrested and charged on April 4 for allegedly defrauding the government entity of millions of dollars.

All the lawyers have denied the accusations against them and Walker is cautioning the public to remember that the embattled lawyers, like any citizen of Jamaica who is charged, are presumed innocent until proven guilty.

“Now, would I like it that no attorney is ever charged, or that no attorney is ever complained about? Of course,” Walker stated.

“Do we strive to have a zero tolerance no-charge scenario with all our attorneys? Yes, we do. But like anywhere else in the world you will have attorneys that occasionally run afoul of the law or they are perceived to run afoul of the law, and so the law must take its course. Attorneys who are charged must face the court or the disciplinary committee and go through the process.”

Walker added that the association has not been “sitting idly by” while attorneys break the law. “The association regularly hosts legal professional development courses that focus heavily on ethics and running a clean and honest practice. The standards of conduct for attorneys are also published in the association’s journals,” he said.

“We most certainly try to have attorneys conduct themselves in the highest ethical manner and, is it troubling that one, two, three or four are criminally charged? Yes, even if it is one, it is troubling. But the vast majority of lawyers, 99.9 per cent, don’t fall in that category and have practised for many years without ever running afoul of the law or facing sanction by GLC [General Legal Council],” he said.

“We are watching, and our primary interest is the citizenry that use our service and I want to assure the citizenry that right-thinking attorneys, which is the vast majority, uphold the law and conduct their affairs to the highest standards.”

He said the association is encouraging its members and insist that they act in compliance with the canons of the legal profession, which require that they conduct themselves in the highest ethical manner while dealing with their clients’ funds and affairs, and in a manner that is honest and accountable.

“It is my view that the vast majority of the 3,000 and odd attorneys in Jamaica conduct their affairs in this way. In terms of the attorneys who are sanctioned by the GLC or sanctioned criminally, it is still the vast majority that are not so criminally charged or even sanctioned by the GLC,” Walker emphasised.

“I want to urge members of the legal profession to avoid the perception of impropriety,” he added.

— Tanesha Mundle