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News
April 18, 2015

Champagnie wants sharper

SENIOR attorney-at-law and member of the disciplinary committee of the General Legal Council (GLC) Peter Champagnie, says the Norman Manley Law School needs to put greater emphasis on its ethics and etiquette courses, as the conduct, particularly of young lawyers, leaves much to be desired.

The call comes in light of the recent spate of criminal charges brought against members of the legal profession.

Champagnie said that it would be instructive for the institution to take a serious look at the root of the problem.

“In terms of the ethics and etiquette courses, there needs to be a greater premium on those courses, and passing those courses. I even get the impression that one of them is not mandatory — you go if you wish. We are in a sad state,” he told the Jamaica Observer.

He argued that part of the challenge is a “get rich quick” mentality among the proliferation of young counsellors.

Champagnie said that while the argument may be that having more lawyers will automatically flush out the mediocre ones, there is also the problem of more lawyers being brought before the GLC.

“In the process, lawyers continue to get a bad name, because young counsel is inexperienced, (and) indeed some of them really don’t want to listen to senior counsel… you become a lawyer, and (feel) you have arrived, and you’re wealthy instantly. This need for instantaneous gratification is too commonplace among young counsels,” he asserted.

The attorney-at-law described the current situation as “painful,” lamenting that, “something is fundamentally wrong”.

He pointed out that the problem of poor conduct among lawyers can be seen even in the courtroom, where many do not appropriately present themselves.

“Simple courtesies in court that ought to be extended to senior practitioners by junior counsel, those are not being observed anymore…the regrettable thing is that even some of our magistrates do not correct it when it happens, and these matters may seem very small, but in the final analysis, they mushroom into bigger challenges and problems in terms of ethics and ethical behaviour,” he said.

Citing examples, the attorney pointed out that, “for instance, junior counsel comes into court, seeing senior counsel, in some instances, Queen’s Counsel, and going ahead and mentioning their matter, without seeking the permission of senior counsel… (also) addressing the court, with their back to the court sometimes,

using colloquial phrases

or expressions inappropriately… these are things over the years that are becoming more commonplace. Some of them don’t even get their client’s instructions in writing. Some of them don’t even have offices, and I suspect this is because of the large numbers who are graduating from the Norman Manley Law School”.

Champagnie further expressed concern about the attire, particularly of female counsels. “The sort of dressing that is being passed off as legal attire is shameful. For a senior male practitioner to be talking to female counsel about how they conduct themselves and how they are dressed, it is embarrassing”.

Meanwhile, President of the Jamaica Bar Association, Donovan Walker concurred with Champagnie. “I certainly agree that they could always strengthen the course, every course could be looked at”, but stressed that the importance of ethics is certainly impressed upon aspiring counsels, as the course is mandatory for all students at the Norman Manley Law school.

He said the continuous professional development interventions by the JBA, the GLC, is also important for those in the profession. “Providers of seminars such as the JBA, the UWI, the GLC and others host seminars to keep lawyers trained in relation to the ethics and standards of the profession so that attorneys practice to the highest standards. In the second year every attorney-at-law, in order to get a practising certificate, has to do a number of hours of continuing legal education. Some of those hours are mandatory in ethics or accounting. That’s a good thing,” Walker stated.

At the same time, Champagnie expressed confidence that the GLC and JBA would effectively address the issue of misconduct among some attorneys, but said he felt the penalties could be made more stringent.

Champagnie said the last time he recalls so many attorneys being caught on the wrong side of the law, was in the early 1990s. “But certainly not the numbers that are being banded about now,” he said, while noting that perhaps this could be as a result of the police being more equipped to investigate financial crimes.

Still, he noted, “all are presumed innocent until otherwise determined by a competent court, but from where I sit and what I have seen and observed, the conduct of counsels leave a lot to be desired in many instances”

The police, earlier this month, charged another attorney-at-law, Debbie-Ann Samuels with two counts of fraudulent conversion of close to $4 million, which was awarded to her clients from a personal injury claim.

A few weeks before that, veteran lawyer Miguel Lorne, was also charged with forgery and fraudulent conversion quickly followed by prominent attorney and senior member of the Jamaica Labour Party, Harold Brady, for fraudulent conversion, in regards to the sale of a property. He is to face trial in September.

According to data from the GLC, since 1978, 48 attorneys have been struck off the list of lawyers who can practice in Jamaica, for varying reasons.

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