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Stabroek News

Tougher laws for attorneys
published: Tuesday | February 13, 2007

The Senate on Friday, passed legislation increasing the powers of the General Legal Council, the regulatory body for the legal profession, to impose stringent sanctions on attorneys-at-law who breach provisions in the Legal Profession Act.

In some instances, fines for practising in contravention of the act jumps from $20,000 to half a million dollars, while some infringements may attract a fine of up to one million dollars.

Lawyers who offer legal counsel without having a practising certificate could face a fine of one million dollars.

Matters to be addressed

The bill which was piloted by Minister of Justice and Attorney- General A.J. Nicholson, will also address the following matters:

To hear and determine complaints against attorneys who have been struck off the roll or who have been suspended from practice.

To provide for the cancellation of a practising certificate, the revocation of a qualifying certificate and the striking of the name of an attorney from the roll in cases where admission to practice has been obtained by fraudulent means or by misrepresentation.

Debating the bill, Government Senator, Donna Scott-Mottley told her colleagues that there were hundreds of complaints against attorneys before the General Legal Council.

Senator Scott-Mottley, a member of the council, also disclosed that many attorneys were practising in contravention of the law, as for many years they had not paid fees to practice.

Hiring a private investigator

She said the council was now contemplating hiring a private investigator to probe the matter, so that the regulatory body could take action against persons in breach of the law.

The highest fee paid by attorneys to practice now stands at $15,000, which is determined by the number of years a lawyer has been practising.

While welcoming the amendments to the bill, Senator Scott-Mottley urged the Government to include a provision in the legislation to guard against frivolous complaints against attorneys.

On another matter, the Government Senator also called for greater transparency in the appointment of judges.

Opposition Senator Dorothy Lightbourne said the amendments were long overdue and supported the legislation.

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