THE EDITOR, Sir:
I AM Jamaican and an attorney-at-law qualified to practise in the United States, I have been seriously examining the status of the legal profession here in Jamaica, especially as it touches and concerns the misappropriating of clients' funds by unscrupulous attorneys-at-law. This has undermined the legal profession and has called into question the reputation of innocent attorneys-at-law.
In an effort to address this unethical practice, I propose the implementation of a 'Client Protection Fund', to be funded by an annual assessment fee of all attorneys-at-law on the roll in Jamaica, and administered by the General Legal Council.
This Fund would function to reimburse victims of attorney dishonesty in the practice of law; to preserve the integrity of the legal profession; and to promote public confidence in the legal system and the administration of justice in Jamaica.
In order to recover in a claim of attorney dishonesty, a client/victim would have to submit a complaint on a prescribed form, in which, among other things, the client/victim clearly demonstrates that there was an attorney-client relationship in existence between the client/victim and the accused attorney.
The Fund would provide a cap on a set dollar amount up to which a client/victim could obtain recovery for any one incident. Recovery over the capped limit would have to be sought by the client/victim personally suing the accused attorney.
Claims involving attorney malpractice or negligence would similarly have to be pursued through the judicial system, as the Fund would not serve to address these claims.
Certainly, the disbarment of attorneys-at-law accused and found culpable for misappropriating client funds should continue to be effected and criminal charges laid against these attorneys where the situation so warrants. The protection of the nobility and reputation of the legal profession deserves this.
I am, etc.,
KKO SANGSTER
sangstek@msn.com
Darliston P.O.
Westmoreland
Via Go-Jamaica
