Cogito, ergo sum. I think, therefore I am. (René Descartes, mathematician and philosopher,1599-1650)

Friday 12 June 2009

(+) Snippets: Complaints Against Lawyers to be Investigated

Q.What's the difference between a lawyer and God?
A. God doesn't think he's a lawyer.

So far 50 lawyers have registered with the Chief Registrar's office; the remainder have until the end of the month to do so. Graham Leung, a staunch opponent of the Government and former Fiji Law Society president, has decided not to practise again in Fiji and will not be one of them. FLS's lawyer registration duties were annulled following the Abrogation of the Constitution, and many observers feared this could lead to anti-government lawyers (and the appointment of judges under the same decree) being denied licences. So far this does not appear to be the case.

A new unit is to be established within the office of the Chief Registrar to investigate 283 pending cases against lawyers. More than one complaint may pertain to a lawyer, but 283 seems an extraordinary high number of complaints given that the Fiji Law Society has only about 168 registered members. Acting Chief Registrar Ana Rokomokoti (photo) says about five complaints are received a day. The complaints, some dating back to 2000 that should have been investigated by the Fiji Law Society, include malpractice, misconduct, deliberate attempts to delay cases, trust fund account violations, incompetence, negligence, discrepancy with costs charged to clients, failure to follow client’s instructions and failure to communicate with clients.

Public complaints against the FLS was one reason given by Government for the FLS's now diminished role. Based on FijiLive report.

Coupfourpointfive reports that three police officers involved in a brutal attack on fellow officer Raj Shavendra Prasad have been suspended from duty on no pay pending an investigation by the Police Complaints Department. Prasad has also been reinstated. See also my earlier post on May 29 "Snippets: Police Brutality..."



3 comments:

Anonymous said...

Interesting. So, you don't think that, in a developing country, it is unusual to receive a high number of complaints about the practice of law by lawyers. In many other developing countries, it would not be surprising to have such a high number of complaints - whether legitimate or not - because it is not unusual for aggrieved people to bring such charges (whether or not they are legitimate) nor is it unusual for practitioners to behave inappropriately. Are you, once more, being ingenuous?

Crosbie Walsh said...

You could be right about the numbers but to this layman they seemed very large. The main point, however, was that some complaints were outstanding since 2000(i.e., they had not been dealt with by the Law Society in nine years.)

Anonymous said...

Who is being 'ingenuous' here? If lawyers are observed in court demanding unreasonable adjournments for their clients and that leads to delays in convictions (on 28 separate occasions?), then surely this is a matter for the Fiji Law Society to have taken urgently and immediately to task? They did not. In fact, they spent an inordinate amount of effort mounting time-wasting,frivolous actions, jamming the under-capacity courts on matters which concerned their interests alone.

The Fiji Law Society is a 'proverbial ass'. Led by donkeys over many years, it has achieved only what donkeys do best: bray.

So much for the interests of their members' clients; so much for the interests of the long-suffering and increasingly impoverished Fiji public yearning for and deserving justice. The FLS became part of our problem instead of the means to a solution. The arrogance and the professional laxity so many lawyers have displayed over the years says nothing creditable about them as human beings let alone as educated and professional persons worthy of public regard. Their mere appearance in court, their dress and their demeanour have been proof of this alone. A whole new approach is required.

Of course, there are notable exceptions but they are far too few. The exceptions might have "taken on" the donkeys: they chose not to. How regrettable for all of us?

"DIEU ET MON DROIT" - this is still displayed in many Fiji Courts. How many members of the FLS know what it means? "HONI SOIT QUI MAL Y PENSE" - tell us what you understand and how your conduct has sought to uphold these high principles of Justice through the application of the Law?

If the above sounds harsh, it is intended to. You have been closely observed and you have not measured up. Put you house in order, now.