Complaints against lawyers a mounting problem here: Study
If you have a complaint or complaints against a lawyer in the Solomon Islands, you are not alone.
A Scoping Study undertaken by the Law Council of Australia in Solomon Islands in 2011 found “an urgent need to eliminate the backlog of outstanding complaints against legal practitioners,” the study stated in its findings.
The Law Council of Australia is the peak national representative body of the Australian legal profession and speaks on behalf of the Australian legal profession on national and international legal issues.
“It works for the improvement of the law, the administration of justice and to promote the interests of the Australian legal profession,” the November 2011 – Review of Legal Profession Regulation in the Solomon Islands, said.
According to the document, the primary objective of the Scoping Study was to seek preliminary views from stakeholders on:
• The effectiveness of the existing system for the regulation of lawyers in Solomon Islands;
• Deficiencies in the existing regulatory system; and
• Desirable amendments to the existing regulatory system
“The Scoping Study identified a strong awareness within the law and justice sector of the key issues facing the legal profession and in particular the deficiencies in the existing regulatory system.
“Short-term and long-term options to address these deficiencies were discussed with law and justice sector stakeholders. In the short-term it will be possible to address a number of urgent regulatory deficiencies under powers delegated to the Chief Justice by the Legal Practitioners Act 1987,” the Report said.
“However, sustainable long-term solutions will require legislative reform and drafting of ‘modern’ legislation to replace the Legal Practitioners Act 1987,” it said.
“This Report sets out the findings of the Scoping Study, including the urgent need to resolve outstanding disciplinary matters, and recommends Terms of Reference and a Statement of Outcomes for the Review,” the Report said.
In its Summary of Findings, the Report made five main points, including:
“There is an urgent need to eliminate the backlog of outstanding complaints against legal practitioners. It suggested a “backlog elimination program” provided
(a) adequate support is provided to the Chief Justice to draft necessary rules;
(b) administrative support is available to support Disciplinary Committees to conduct investigations, make recommendations and where necessary to brief a prosecutor;
(c) support is available to the Office of the Director of Public Prosecutions to prosecute complaints; and
(d) a Principal Magistrate … be appointed to chair disciplinary committees.
The Report said the current regulatory framework for the legal profession is not sufficient to adequately regulate the Solomon Islands legal profession.
“There is an urgent need for training and professional development in the legal sector,” an issue it suggested be pursued separately to the Review and in consultation with the Solomon Islands Bar Association (SIBA) …
The Review said in 2003, the Legal Practitioners (Amendment Act) 2003 was passed into law. Among other things, the Act “granted limited power to SIBA to investigate and process complaints.
But between 2003 and 2007 the Committees established under the new system to investigate complaints of minor to serious professional misconduct “fail to successfully investigate and prosecute any complaints.”
As well, Rules of procedure for the conduct of committees are not established, the Report found.
Between 2009 and 2010 a Draft Solomon Islands Bar Association (SIBA) Bill was prepared, but there was no further action. At the same time, Draft Rules of Procedure was prepared but no further action was taken,” the Report said.
In September 1995, the Legal Practitioners (Professional Conduct) Rules was approved by then Chief Justice, Sir (Gilbert) John Baptist Muria. The Conduct Rules set out the duties and obligations of a legal practitioner.
Among other things, a legal practitioner is required to:
• Engage in honest and ethical conduct;
• Maintain professional integrity and take reasonable care to ensure that partners, associates and employees do not breach the Conduct Rules;
• Deal with clients fairly and in good faith, protect the interests of clients and advise clients of unreasonable delays; and
• Not to accept instructions which are beyond his/her competence
It is not clear whether changes have been made as a result of the Review as it appears the number of complaints against lawyers have risen sharply in recent years.
Many clients simply suffered in silence because either their complaints have been ignored or that they have given up because lawyers keep asking for upfront payments for their services.
By ALFRED SASAKO
Newsroom, Honiara
