According to Jamaica's General Legal Council's website, fifty-seven attorneys have been disbarred between 1978 and 2018. Below is a breakdown of the numbers:
1988 - 1
1990 - 1999 - 8
2000-2010 - 27
2010-2017 - 18
2018 - 2 (to date)
The majority of these attorneys were disbarred between 2000-2010; the period right after the passing of The Legal Profession (Accounts and Records) Regulations, 1999. The regulations, which are still in force, require attorneys to maintain separate accounts for client funds and provide the GLC with records of their management of client accounts. Between 2010-2017 there was a 33% decline in the number of attorneys disbarred and while will have to wait to see what the next 18 months will bring as the number of disbarred attorneys to date is upsetting, not just for the public but also for attorneys who practice law with integrity.
One does not have to read the rulings published by the Disciplinary Committee to know that the majority of the cases in which attorneys were disbarred involve attorneys misappropriating ("teefing") clients' funds in conveyancing matters. Attorneys receive proceeds of the sale and never hand it over to their clients. In some instances, the clients were selling the only asset of value they owned. I have a close relative who sold her house in Portmore months before I started studying law in 1995 and to date, she has not received one cent from the sale. The plan was to use the procceds of sale to purchase a home for her family (which included two children under six years old) in the United States, where they were relocating to. When her husband went to the Fraud Squad and reported the matter the policeman with whom he spoke nonchalantly advised them to forget about getting back their money because the police were dealing with several similar reports against the same attorney and the attorney was nowhere to be found. This is just one example of many. In other cases, it would seem the attorneys formed the view their clients were either too rich or too dumb to miss a few . Regardless of the circumstances, there are simply too many cases of attorneys misappropriating ("teefing") clients' funds and sullying the profession.
At the foundation of the attorney-client relationship is trust and clients need to be able to trust their attorneys not only to provide competent legal advice but also to protect their legal and financial interests. It is a sad day in our profession when our colleagues are found to be operating merely one step above the scourge of our society, the lottery scammers; we need to do far better.
It is disappointing, embarrassing and upsetting for the rest of the legal profession who make every effort to abide by the law, canons and basic morals. (Yes morals. The same old, yet timeless, morals our parents or guardians drilled into us as children? “Do not steal, do not to take home anyone’s property and do not to be covetous?”) All we are being asked to do is be honest. When news breaks that an attorney is disbarred for dishonest conduct, more particularly, misappropriating (“ teefing”) clients’ funds it is very easy to overlook the fact that over 5,843 attorneys have been registered with the GLC since 1978 of which 57 have been disbarred. In 2018, of the 2,142 attorneys currently issued with practising certificates 2 have been disbarred (as at the time of writing this post) and that figure (2142) does not include people like me, who are non-practising attorneys. So, as horrible as the fact that quite a few of our colleagues have been disbarred, arrested and even convicted for misappropriating (“teefing”) clients’ funds, the rest of us must remind ourselves that while we do not condone the actions of our colleagues, the number of disbarred attorneys for 2018 only represents the minority. It is most unfortunate that the dishonest conduct is so egregious it paints us all in a negative light in the eyes of the public, our client base, because 57 bad apples out of 5,843 should not spoil the whole profession. One thing is certain, some thing or some things need to change.
Some of us will have to unlearn some of the things we have been told are ok to do by colleagues (including senior attorneys) we expect to know better. Young attorneys tend to be more impressionable, especially when you graduate from law school in your early twenties. It is easy to believe that prominent attorneys, will always offer sound guidance and mentorship but always bear in mind, “to err is human.” Nobody knows everything and never assume you share the same values. Furthermore, if you look at the calibre of many of the attorneys who have been disbarred, it is possible for attorneys you regard as role models to lead you astray.
I will share a story with you. In the early years of my studies, one of my law lecturers, a senior and prominent attorney, was at pains trying to convince my class that when we started practicing law if our colleague had a gambling habit and he lost his client’s money and the client was demanding the money we should give our colleague the money to pay the client because that is how we should protect our colleagues. The way the argument was presented our failure to give “sticky fingers” our money to repay the client would bring the legal profession into disrepute, not that sticky fingers’ actions were bringing the legal profession into disrepute. In the same lecture, we were told there is nothing wrong with lawyers pocketing the interest earned on payments made by clients in transactions that took months to complete. The rationale was the client already paid his attorney the money, the money was in the attorney's account so, who should keep the interest, the bank or the lawyer? I sat in the lecture in total disbelief hoping the lecturer was merely playing devil’s advocate, but the lecture concluded without us being told it was a joke. Luckily we had the benefit of an Ethics course prior to our graduation so if any of my colleagues felt guided by that lecturer they could be guided correctly.
My dear young attorney, always remember that when people you admire, respect and emulate give you advice that conflicts with your morals, values and most importantly the law and the canons governing our profession, you have a choice. You can choose to do what is right, and respectfully turn down the advice. Your decision may offend the person but their offence is not worth your career or liberty.
Some of us will have to learn to be patient about wealth acquisition. The authors of the Millionaire Next Door wrote, “… a high level of consumption is expected of people who spend many years in college and professional schools.” The authors also found that in many families with children who are lawyers, doctors and teachers many parents continued supporting the lawyers and doctors financially long after graduation but did not need to do so with the children who were teachers. The theory is, the parents found it necessary to help the lawyers and doctors to maintain their lifestyles because attorneys are expected to maintain a certain lifestyle, whereas teachers were expected to lead humble lifestyles.
The fact that you are an attorney does not mean you must drive high-end vehicles, wear high-end clothing or live in an affluent community straight out of law school. If you work hard and save more than you spend the lifestyle you aspire to will be yours to enjoy without the requirement for an injection of clients’ funds. I cannot emphasize it enough, live within or even below your means. It does not matter what society expects, live the life you can afford on your honestly earned income and do not be embarrassed about living that life either. Living simply often saves you a lot of unnecessary expenses. The more affluent the community you live in, the higher the property taxes, insurance and maintenance. The more expensive school fees for your children becomes because your children have to attend schools the affluent attend. The more prestigious your car is the more expensive the car payments, insurance and service charges. Be patient. While there is no need to display your wealth, do not get me wrong, if fancy vacations, cars or handbags are your thing sure save your money and buy what you would like but try not to be so intent on having these things so quickly that you start using clients' money to fund this desire.
Do not be solely motivated by the desire to have the status symbols successful lawyers are expected to have. There will always be greater and lesser than you so be humble. Just look at how often cellphones are updated, trying to keep up with what is fashionable or a sign of wealth is maddening. (See the poem Desiderata.) Consider changing your focus. Instead of aspiring to own things to show off on others or make yourself look richer than others, try aspiring to be an expert in your field. Aspire to be respected by clients, judges and your peers as a storehouse of knowledge. (Believe me, there is lots of room at the top for knowledgeable attorneys who practice with integrity.) Aspire to fit into your own mould and your biggest problem may be disappointing people who believe lawyers must all be high rollers, even if they are just “big hat, no cattle”.
Follow your instincts … unless you are instinctively dishonest. If you sense something is wrong, it most likely is. If you are about to do something for a client or with a client’s money and you are unsure or uncomfortable about the decision follow your gut, review the relevant laws and the canons if you must, but do not risk your entire career for anyone or any amount of money. If a client is pressuring you into doing anything, take a step back and assess the situation and whatever you do, protect yourself as well as you protect your clients.
Guard your good reputation as an attorney. Do not do anything to sully your reputation, it is all an attorney has to sell to clients. As with all professions, an attorney's reputation precedes him or her, especially when you practice in a small island like Jamaica. Both judges and potential clients will know of your good or sullied reputation before they even lay eyes on you.
Do what is expected of you as an attorney; that includes taking the necessary steps to prevent you from being negligent and keeping your clients informed. When one reads the reports from the Disciplinary Committee there seems to be a trend of lack of communication. We are not superior to our clients; they are our bosses. Lack of communication with clients breeds suspicion and mistrust. You may need to advise clients how often and by what method you will provide them with an update from the outset. In an effort to assuage your clients’ concerns you may need to create reminders in your digital calendars to remind you and your secretary to update clients. You can consider imposing a rule in your practice for clients to be informed of any new information within forty-eight hours or any reasonable time frame that works best for you. I would be really upset if we allowed this to get to the stage were we have regulations dictating how often our clients are to be updated.
It is incumbent upon all attorneys who have the privilege to practice law to continue to conduct ourselves with the highest integrity. The public’s confidence in our profession and our survival as professionals demand nothing less. We cannot have the public believing “damned if we do hire an attorney and damned if we don’t hire an attorney”. We need to practice law with integrity; the basic integrity our parents, grandparents, teachers, guardians, Sunday School teachers and pastors tried to instil in us, BE HONEST. It is one thing to be disbarred because you failed to file an accountant’s report but misappropriating (“teefing ”) clients’ funds like the unforgivable legal professional sin, so BE HONEST.
To the public, not all lawyers are dishonest.
Also published at: Practicing Law with Integrity
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