A legal professions bill which seeks to provide disciplinary action and a code of ethics to govern the practice of lawyers will be tabled for consideration at the next parliament sitting on September 28.
Attorney General (AG) Francine Baron-Royer, who favours the bill, said that it comes at a time when the integrity and confidence in lawyers have been eroded.
“Great reliance and trust is placed on lawyers. Lawyers play an important role in defending the rights of and looking after the interests of their clients. The confidence of the public has been shaken. Their belief in the integrity of lawyers has been eroded and the lack of accountability have been derided. In some instances the role and responsibilities of lawyers have been misunderstood,” she said.
“In any profession, organisation or grouping that interfaces with the public there’s always great merit in having rules regulations and dispute mechanisms so that members are aware, the public is aware of the standards that are expected, the limitations that exist, and the means by which disputes or complaints can be settled,” Baron-Royer said.
The AG explained that the act will not only provide for disciplinary measures against lawyers but will protect the public from persons representing themselves with no legal qualifications.
“We have spoken about the passage of a legal profession act for some time now. I am sure that John Public believes that the only thing that the act deals with is the disciplining of lawyers. It does provide a proper mechanism for that but it is much wider than that,” she stated.
“The act will also contain a code of ethics to govern professional practice and conduct. It will deal with the admission of persons to the profession. It will protect the public from persons representing themselves as lawyers who are not qualified to do so, among other things,” the AG said.
Meanwhile, President of the Dominica Bar Association Levi Peters supports the act. He is convinced that the act will “make some contribution to further structuring the profession”.
He said however that “at the end of the day, how it unfolds and how it actually operates will be down to us as practitioners both those on the bench…and those of us who appear before the courts”.
Both the president and the AG made these comments at the high court of justice yesterday when they addressed a ceremony to mark the opening of the new law year.
“It will protect the public from persons representing themselves as lawyers who are not qualified to do so, among other things” – I believe that the Dominica justice system is seriously lacking if there is no provision in the CC to deal with issues like that. If the AG personally knows of persons who portray themselves as lawyers when they are not qualified to do so, these individuals should be dealt with in the court of law. It’s one thing to provide friendly advise but no none lawyer should provide legal services to the public – esp if not licensed to do so, and the public has no recourse to seek compensation.
Dominica should definitely have a governing body to deal with unethical lawyers, and those who have no knowledge of the law and choose to present themselves as legal service providers. I am appalled that these situations occur.
You mean to tell me, that Dominica doesn’t have a governing body which deals with complaints extra against the lawyers and other legal service providers? So what happens when ppl are dissatisfied with the work of a lawyer, or feels that the lawyer has acted unethically, or breach a fiduciary duty? What the heck is going on? Is each lawyer not accountable for any negative action on their parts?
@T. Winston: You misunderstood what she said.
I think you were put off by the words “representing themselves.” It’s not referring to a defendant but rather to a third person claiming to be lawyer, but who in fact is not qualified(fake lawyers so to speak).
I have no issue with the AG’s statements with the exception of this part
“The act will also contain a code of ethics to govern professional practice and conduct. It will deal with the admission of persons to the profession. It will protect the public from persons representing themselves as lawyers who are not qualified to do so, among other things,” the AG said.
Why in the world would you deny a person their human right to represent their-self in court? This is a right and not a privilege and NO-ONE should have the right to deny someone the ability to defend themselves if they feel they have the mental capacity to do so. which is why a mistrial cannot be awarded on the basis of a person representing them-self. If this is in fact how it is this act is morally wrong and should not be adhered to as in itself it should be quite illegal
NOT GUILTY: Court of Appeal dismisses contempt charges against former attorney general
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Mon, 13 Sep 2010 15:14:00
BASSETERRE, St Kitts, CMC – Prime Minister Dr. Denzil Douglas Monday welcomed a ruling by the Organisation of Eastern Caribbean States Supreme Court of Appeal in dismissing a contempt of court charge brought against his former attorney general Dr. Dennis Merchant.
“I am very pleased that justice has been served,” Dr. Douglas said in an immediate response, while Senior Counsel Anthony Astaphan called for an immediate public apology from the leadership of the main opposition People’s Action Movement (PAM).
“The judges were very clear that there was no basis for contempt,” said Astaphan, adding those members of the “lynch mob” should “hang their head in shame and immediately apologise publicly for misleading the people of St Kitts and Nevis”.
Last year, High Court judge Rita Joseph Olivetti ruled that Merchant was in contempt of court when the St. Kitts and Nevis government defied an injunction preventing it from dealing with the report of the Constituencies Boundaries Commission.
In a 28-page ruling, the judge said that she found that then attorney general facilitated the government’s defiance of the injunction by advising Prime Minister Douglas, “who by virtue of the constitution is the member of government responsible for laying the report in the National Assembly that doing so would not be a breach of the order”, to do so.
Astaphan had argued before the Court of Appeal that the finding of contempt by the lower court was a travesty of justice, a severe violation of the rule of law and a constitutional heresy.
But the three-judge panel had reserved judgment after hearing the submissions in November last year.
CMC/pr/10
Attorney General (AG) Francine Baron-Royer, said that the legal profession Bill comes at a time when the integrity and confidence in lawyers have been eroded. The AG admits, her own words, not mine, that the confidence of the public has been shaken. Their belief in the integrity of lawyers has been eroded and the lack of accountability have been derided.
The following examples give credence to the lawyer’s statements.
(1) Of course, That same AG, who is supposed to defend the STATE, forgets her mandate and says nothing regarding the secret purchase of Rubbish bins with people’s money taken from our Treasury, when the State’s Treasury is deprived of about $200,000.00 . Somebody or bodies in high office has not paid that amount owed to our Treasury and she knows that.
(2)The Susan Olde matter where questions are being asked about US$400,000.00, diplomatic passport and ‘Citizens For a Better Dominica’ all linked up. What happen to that money belonging to the State? No word from the AG.
(3) Does that AG forget that she has to defend the State instead of giving the impression that she is defending two politicians brought before the courts in the DUAL CITIZENSHIP cases? The politicians were not Ministers of GOVT. , but individuals who were candidates for the DLP Party in an Election in 2009. She indicated that they would win their cases. Dominicans heard her.
(4) Has the AG said anything to suggest that she would want the State’s Treasury to recoup monies owed from Fertilizer and Rubbish Bin controversial purchases? No word. Those transactions did take place, no doubt about that.
(5) What about, Madame AG, the issues of contracts and open tendering and kickbacks and inflated costings of Govt. construction projects? No Word on those? No accountability or transparency.. The integrity and confidence of Dominicans in lawyers, so true, have eroded Big Time. You say so. Aren’t the AG a ‘top lawyer’? What have been done to reverse or erase those beliefs of the public?
Lawyers should play an important role in defending the rights of and looking after the interests of their clients. The role of any AG is to defend the STATE, first and foremost, against those who have tried and are trying, to spoil its good name, through corrupt practices, money laundering, theft from its treasury, illicit drugs and other criminal activities. Dominicans judge for yourselves, is that being done to your satisfaction? Don’t mind the usual talk, ACTION SPEAKS LOUDER THAN WORDS. The AG, frankly has failed in many instances as shown. It cannot be denied. Many times when Dominicans are expecting the AG to clarify or address certain matters of national import there is a deafening silence and the STATE is left abused, battered and prostituted by the few greedy and selfish persons.
@ de caribbean change, I think the AG should put an act to jail people for stupid responses on DNO, never hear more crap in my life, regulate CPA, regulate Doctors, regulate yourself. Every individual should be responsible for their own actions without govt regulating their lives, what happen people have no morals, people want to be directed like they are in a classroom?
Personally i think the legal act is nonsense, the bar association should be responsible for disciplining lawyers.
My preceding response says who I am.
We also need an accounting professions bill which contains a code of ethics to govern the Certified Public Accountants. They too have to interface with the public on a daily basis. The same can be said of the medical profession as well. We in Dominica need to get more serious about the people who represent us and our company on a day to day basis and to ensure that they adhere to the rules and regulations that govern them and their work and to perform their duties with due diligence and be accountable for the work that they do in a professional manner. Putting on a long sleeve shirt, a tie, and a jacket, and heading to work, says a lot about that person, and the profession he is engaged in.
Again the AG is not thinking this through properly!!
Are lawyers so above the law that they need special laws to regulate and control them?
If a lawyer steal or misappropriates my money , do I have to resort to this special legislation to obtain redress? or do I simply go to the police station and report the matter?
What is wrong with you people? You just cannot think outside the cardboard box!
what is …who is….where s…..easy door
Well, i have a problem with this, ” It will protect the public from persons representing themselves as lawyers who are not qualified to do so, among other things,” the AG said.”
U mean to tell me u denying a person a right of being a Pro Se Litigant, well this is a draconian
law.