Lawyers

It is not every day I get to say something positive about lawyers. So here goes.

      On Friday night, I had the pleasure of introducing Courtney Abel of the Anguilla Bar to the judges and lawyers of the Eastern Caribbean attending the 20^th anniversary dinner of the OECS Bar Association at Coco Resort in St Lucia. This is what I said.

      Courtney Abel was the President of the OECS Bar Association from 2004 to 2006. His presidency was noted for his ceaseless efforts to convert the Association from a well-meaning talk-shop into a professional body, with the necessary institutional capacity that would enable it to perform the functions required of a modern, professional Bar Association in a globalised economy.

      He lobbied continuously throughout his term to persuade us to move away from being an essentially amateurish, non-self-regulating association to a professional body, regulated by statute on terms acceptable to us.

      To that end, he proposed that it be compulsory that:

• All lawyers' accounts be audited annually;
  
• We all be required to attend a programme of continuing legal education;
  
• Professional indemnity insurance be obtained by every attorney;
  
• We adhere to a strict Code of Ethics;
  
• Every practising attorney pay local and regional Bar Association dues;
  
• We contribute to a pension plan to provide for us in retirement; and
  
• All attorneys contribute to the endowment of a Benevolent Plan for the relief of indigent lawyers and their families.
  

      On 15 September 2006, at a Special Meeting of the members held in Tortola, the Constituent Members of the Association voted unanimously to adopt voluntarily the above provisions, pending their introduction by a Legal Professional Act. That the legislatures of most of our nine member states and territories of the OECS have not yet introduced and passed the necessary legislation is only to be regretted.

Lawyers

Why do Anguillians not sue lawyers more often? I have credible stories recently about the activities of a lawyer in Anguilla. Two of the statements involved the lawyer helping his client to steal land from two absentee Santo Domingo Anguillian descendents. The third involved tricking a 90 year old terrified woman into signing documents that she had not requested and knew nothing about.

I asked one of my Santo Domingo informants why the attorney had not been sued. She explained that the owner lived in Santo Domingo. That person would have to be the one bringing the court action. That person is an elderly impoverished labourer and lacks the resources to bring an action in Anguilla. My informant did not have the ability to bring the suit for the client. She does not have the necessary first-hand knowledge of the facts that would be needed for admissible testimony. Nor does she have the money to spend on protecting someone else’s land. So, it looks as if the lawyer and his crooked clients may well succeed in successfully stealing the properties. All this assuming that the story I have been told is true and correct.

As for the family of the old lady, their incident relates to the same lawyer. They are not bringing any legal proceedings either. They do not believe that she could have been persuaded by the lawyer to sign over anything that would affect them. I hope they are right. As I explained to them, if they wait until she is dead to protest, it will not be very credible. They would be expected to have sued immediately they learned of the fraud. They will never be able to answer the question, whey did you not bring this claim while the old lady was still alive? It will be difficult for them to refute the allegation that they waited until the old lady died to make this claim. It will look very bad for them.

It is not that we are like some islands of the West Indies where when you complain about an important lawyer you are likely to be awakened by the police in the middle of the night and subject to a vaginal search. Our police would not have any hesitation in arresting any attorney at law in Anguilla. They would be happy to arrest some.

Is it that Anguillians are so respectful towards lawyers that even when we are robbed in this way we cannot believe that the lawyer was to blame? That does not seem very likely knowing the fiercely independent spirit of most Anguillians.

It could not be because we still believe, "It is impossible to get a lawyer in Anguilla to go against another lawyer." That nonsense cannot still be repeated.

Is it that only foreigners have the resources to pursue the crooked lawyer, and we prefer not to throw good money after bad? Surely, most Anguillians know how to find the money to defend themselves.

Is it that we have so little confidence in our judicial system that we believe the judges are part of the problem? Nonsense, this is the OECS, not Barbados.

Could it be that we simply do not know who to complain to? That is unlikely. We know there is the judge, the governor and the Chief Justice. Any of them would kick up a stink on our behalf if any credible allegation was made against an Anguillian lawyer.

Is it that we are too embarrassed to complain? Perhaps we fear we will be thought stupid by our friends and neighbours for having allowed ourselves to have been tricked? That is always possible.

Is it simply a fear of appearing to rock the boat in a small community where everyone is related to everyone else? That is the explanation of much of the acceptance of wrongdoing among our "Christian" leaders. When the pastor runs off with my wife, or the businessman impregnates two of my daughters in the same year, I learn to grin and bear it.

Is it that our expectations of our lawyers and our leaders have fallen so low that we just shrug our weary shoulders and prefer to move on? Almost certainly.

Or, is it just that we have developed such low standards for ourselves that we shrug our own shoulders and wink at another successful trickster among us? I certainly hope not.

Second Opinion

Health Sabotage. We saw a few days ago that the entire Board of the Health Authority of Anguilla has resigned in protest at the Minister’s lack of support. They were a dedicated bunch. Their achievements are well known. The worked long hours, for a pittance. Then, the new Minister cut them off and forced them to resign. This they did en masse on 25th June. My question is, why? In matters of health, when you have bad news it is always advisable to get a second opinion. That is what I did about the crisis.

An insider has provided the following explanation. Minister Evans Macneil Rogers met the Board in place when he was appointed Minister of Health in February 2005. From the onset, it was clear that he was not in favour of the Health Authority, despite his public declarations to the contrary. He seemed to want his Ministry to have a hands-on approach as regards management of the health services. This was contrary to the very purpose of the Health Authority. Added to this, he felt the Board was Eric Reid’s Board. The members had all been appointed by Mr Reid. For some reason, this made him uncomfortable. It seemed he wanted to put his own “stamp” on the Board. He wanted to appoint the persons he preferred. He appeared to resent the fact that the Board had the power to appoint the CEO and executive managers, and not him. It was rumoured he had certain “friends” in mind for those positions. From the beginning of his term of service, he appeared to be dissatisfied with the Authority. The members of the Board held several meetings with him geared to finding out the source of his dissatisfaction. Nothing was forthcoming from him. The terms of three members of the Board expired in December 2006. Two of them indicated their willingness to be re-appointed. He did not re-appoint them. Nor did he appoint anyone else to fill their vacancies. The surviving members soldiered on. Up to the day they resigned, they operated with only four rather than the full complement of seven members.

This action of the Minister was a betrayal of the principle that health is too important to be under political control. The consultants had all recommended that there be an independent Health Authority for Anguilla. Now, all their good work has been cast aside. We are back to the old incompetent style of political control of the Health Services of Anguilla. How sad for all of us.

In better times

Ethics & Integrity

Professionals. I am really proud of Anguilla’s office professionals. On Thursday 28 June some 40 persons met at the Teachers’ Resource Centre in the Valley. They took part in an all-day seminar. They were office workers from a wide cross-section of the public and private sectors in Anguilla. They were mostly young, with a sprinkling of more experienced office administrators and management. The topic for the seminar was: The Office Professional – The Need for Ethics and Integrity. At the end of the day, participants put together a draft Code of Ethics for themselves and their fellow workers. This is it:

THE ANGUILLA ASSOCIATION OF OFFICE PROFESSIONALS

CODE OF ETHICS [1st draft]

Anguillian office professionals will adopt the Golden Rule as the basis of all our dealings with our supervisors, subordinates, colleagues, customers, clients, and the general public. We shall strive at all times in the work place to treat others as we would want to be treated. In pursuance of this goal, we adopt the following principles to guide our conduct:

1. Honesty

We know that it is a fundamental aspect of good character that we be honest in all our dealings. We know that working on building our character will engender trust and bring lasting success with people. We will be honest and above-board with all persons we come into contact with.

2. Respect

We know that good manners is the foundation of respect in dealing with others. Respect gives us dignity and builds our confidence. We shall recognise the self-worth of our colleagues and customers. We shall show, and we will expect to receive, respect from all persons we deal with in the workplace.

3. Integrity

We will demonstrate integrity in our relations with co-workers, customers, and management. We will keep our commitments. We will hold up our end of any bargain we make, even in the face of personal loss. We shall be consistent and honest in all our dealings. We shall not make rash, emotional decisions. We shall stick with the truth, even when we do not like it. We shall not take shortcuts, but will be willing to fight to do what is right. We shall not bow to others’ opinions, but will do what we know is right, even when it is unpopular. We shall not make promises we know we cannot keep. We will strive to show personal integrity in our work, at home, and in our dealings with friends and acquaintances.

4. Confidentiality

We recognise that as office professionals we are expected to show a high level of confidentiality in respect of our office duties. It will be no benefit to ourselves, our co-workers or our customers, if we carry tales about them to those who have no business to hear about it. Any information that we learn in the course of our work will remain at work.

5. Professionalism

We make a commitment to ourselves, our colleagues and our employers that we will strive to excel at our occupation. We will focus in on the needs of our businesses and of its customers. We will go the extra mile for them where necessary. We will ensure that office resources are used effectively and efficiently. We will dress appropriately for the office at all times, and we will conduct ourselves with courtesy and respect.

6. Communication

Good communication ensures a minimum of problems with others. We will not be quick to find fault with others who do not conform to the patterns and standards that we hold. We will strive to assist with the smooth operation of the organisation we work for. We will work at improving our efficiency at the job. We will do what is proper to maintain the confidence of customers and clients in our employer’s business. We will do what we can to build teamwork and better relationships at work.

7. Empathy

We all have our bad days. But, in general we recognise that to be good at our jobs and a credit to our organisation we need to strive to solve rather than to create problems. We shall work to help each other to improve our performance. We will show our colleagues that we value their contribution, and we will encourage each other as we go about our tasks. We will show care and concern for both our colleagues and our customers.

8. Trust

We recognise that to be true professionals we have to show trust in the good faith and honesty of our colleagues and customers. Trust is the foundation of all good relationships. We shall always assume the best of others, until we have good reason to behave otherwise. We shall focus on shared goals rather than on personal agendas. We will do the right thing at work, regardless of personal risk. We will listen to others with an open mind, demonstrate compassion where needed, and maintain confidence shown in us. In this way we will build the trust of our customers and colleagues in ourselves and the business for the benefit of all.

9. Accountability

Nothing helps to keep a person honest like accountability. Accountability gives teeth to our pledge to live by high ethical standards. We accept that we must be responsible for our actions. We shall accept the consequences of our actions and not try to evade and avoid responsibility. We also know that in order to live up to the standards required of us as professionals we need to ask our colleagues to help to keep us honest and responsible. We will not be unduly upset when others point out our failings, but will strive to improve our performance.

10. Transparency

We recognise that we must be transparent in all our dealings with our colleagues, management, and customers. To be otherwise will reduce the confidence that others have in us and in our employer’s business.

11. Responsibility

To be truly professional, we must be answerable for our own actions. We shall strive to develop personal discipline. We will try to know our weaknesses so that we do not allow others to exploit them. We shall be consistent in admitting to the consequences of our actions. We shall not strive to make excuses, but will act professionally at all times.

12 Impartiality

We recognise that we need to act fairly with all interests that come into contact with our work place. We shall avoid discrimination and prejudice at all times. In this way we shall build the confidence of our colleagues and our customers in the quality of our firm’s services and in the contribution that we make.

13. Tolerance

We recognise that we are not all identical in our backgrounds and characteristics. We know that our employer must serve the needs of all the public, and that we must do our share to show courtesy and professionalism to all types of persons with whom we come into contact in the course of our work.

14 Sexual Harassment

Sexual harassment is any unwelcome sexual advances, requests for sexual favours, sexually motivated physical contact, and other verbal or physical conduct, or visual forms of harassment of a sexual nature, when submission to such conduct is either explicitly or implicitly made a term or condition of employment or is used as the basis for employment decisions, or when such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment. Lewd or vulgar remarks, suggestive comments, pressure for dates or sexual favours and unacceptable physical contact are examples of what can constitute harassment. We recognise that a harmonious and productive working relationship is essential in the work place. We shall do what we must to foster harmonious and productive working relationships that encourage mutual employee respect. We recognise that in a few cases there is a degree of sexual harassment in the workplace that has to be faced up to and overcome. We shall not ourselves engage in sexual harassment of our juniors, nor shall we accept it from our seniors.

[28 June 2007 Seminar - The Office Professional: The Need for Ethics and Integrity]

We all got certificates. Clicking on the photo will enlarge it.

What is extraordinary about this document is that it is the product of clerical officers, secretaries, and office administrators who are mainly young persons. Would it not be wonderful if we could get our legislators and executive in government to do a similar thing? Perhaps, members of the House of Assembly and of Executive Council are above ethics and integrity!

Information

Don’t Talk About It. Anguillian authorities are famous for sweeping embarrassing felonies and misdemeanours under the carpet. This is a culture of “don’t talk about it”. The explanation is often, “What happened to the presumption of innocence?”

Well, let me tell you, when I am walking down the street and I see three scruffy men walking towards me with their eyes pinned on the contents of my pocket, I will change to the other side of the road, instantly. Don’t give me any stupidness about waiting for “proof beyond reasonable doubt”. That is a rule for the court. That is not a survival rule. Let us talk openly about evil wherever we see it. Let us ridicule powerful people with their hands in the cookie jar. Let us not wait for the beauty contest every five years. Keep them all honest! How about this as a powerful example?

Fronting Land

Fronting Land.

It seems to me that there are two hot current issues relating to land in Anguilla. They are fronting land, and selling land. Let us look at them one by one.

The first issue, fronting land, arises out of the increasing number of stories that are being brought to me about two particular lawyers who are assisting foreigners with fronting. The deal often works this way. A foreigner comes to the lawyer and says he wants advice and assistance in buying a piece of land. He has agreed a price with the owner. What is the tax? The lawyer says he knows a way it can be done with a big saving in government taxes. The client says he is interested. The lawyer then tells the client the way to do it is to let the lawyer form a company for the client. The lawyer and one or two of his friends will be the shareholders and directors of the company. They promise to carry out the instructions of the client. The client will pay for the land, but the land will be put in the company’s name. That way, the client will be saved the heavy Aliens Landholding Licence tax. The client asks if the lawyer is sure that this is legal. The lawyer promises the client that it is completely legal. The client is delighted that the Anguilla government is so stupid. He goes along with the scheme.

Of course it is not legal. It is a sham transaction. It is a fraud on the revenue of Anguilla. The court will strike it down in a moment if a case was brought. Any case brought by the Attorney General for the forfeiture of such land to the government will inevitably succeed. Any lawyer doing this type of transaction deserves to be locked up. That is the penalty for this offence provided by the law. The law office secretary or other person acting as trustee will go to jail as well as pay a heavy fine.

Not least of the client’s problems is that when the client dies, the lawyer and his friends will more likely than not cheat the client’s estate out of the property. If the lawyer is a crook, there is no saying what he will not do. Especially if he thinks he can get away with it.

It is not as if there is no way for government to solve the problem and stop this fraud. It is amazing to me that government ministers sit and gape at the problem and act as if they are helpless. There are several obvious steps government should be taking.

First, government has to go on the media and say that they will not allow it. They will severely punish any Anguillian or foreigner using this stratagem to get around the tax and the regulations. No Anguillian or, even more so, no foreigner, wants to be in conflict with the government. Foreigners are particularly sensitive. Such an announcement will result in quite a few coming clean. It is not as if this is an expensive or difficult step to take.

Second, we need government to go on the media and announce that any foreigner found holding land in this way will be declared “persona non grata”. They will be declared a prohibited immigrant and refused permission to visit the island ever again. That will put the fear of God into them and result in even the cockroaches among them coming clean. The truth is most of them are not cockroaches. They have simply been misled by the bad legal advice they got. Best of all, this step does not cost government one dime.

Third, we need government to announce on the media that any foreigner using this mechanism will be proceeded against in court, and their lands taken away and forfeited. They might be given a grace period to come clean and pay all their taxes and obtain their licence. This will squeeze the last of the probably unwitting fraudsters out of the background. And, Radio Anguilla is free of cost for ministers to use.

To really ensure this fraud comes to an end, we need a small amendment to the law. The Act which calls for foreigners to be licensed and to pay a tax needs to have a small section added. This will call for the directors of every company owning land in Anguilla to file an affidavit in the Registry of Companies every year stating on oath that no foreigner holds any interest of any kind in the land owned by the company or in the shares of the company, except such that is revealed in the affidavit. There will be a heavy penalty for not filing the annual affidavit in time. That is not all. No Anguillian wants to go to jail for ten years for swearing a false affidavit. The Anguillians who are fronting will quickly refuse to hold the shares in trust any longer. This will result in the last of the rats coming out of their holes.

Finally, government has to call on the Bar Association to back up its initiative to bring an end to fronting by members of the legal profession. The majority of lawyers would welcome this. A couple of seminars by appropriate persons from the Attorney-General's Chambers, on the consequences likely to flow from their discovering any lawyer engaging in this activity, will be bound to have a salutory effect.

So long as government continues to turn a blind eye to this type of wrong-doing it will continue to flourish.

Unethical Lawyers?

The Chief Minister laid down a challenge when we met on Friday last. He said that I was not really dealing with corruption and lack of ethics until I dealt with the legal profession. I told him I accepted the challenge. If I could find any evidence of unethical conduct, I would expose it, and more.

So, now I am extending to you my readers an invitation to help me meet his challenge. Do you know of any lawyer in Anguilla who has done anything illegal, corrupt or unethical? Send me the details. I undertake not to mention your name unless you ask me to do so.

Do you know of any lawyer who has received money for someone and refused or been unable to pay it back?

Do you know of any lawyer who has represented a client in a land purchase and ended up buying the property himself or herself?

Do you know of any lawyer who as advised on administering an estate and ended up owning the assets?

Do you know of any lawyer who has done anything that he or she ought to go to jail for?

Do you know of any lawyer who should, in your opinion, be struck off the roll of lawyers or be fined or suspended?

If you were the one who was damaged, I shall advise you on how to go about getting full compensation for any loss suffered. I shall assist you in bringing the lawyer to justice. I shall stand by your side when you go to the authorities to make your complaint, if that is what you want to do. I shall publish the story on the Blog, if that is what you want. Just send me the details. Let us show the Chief Minister that we are concerned about ethics and integrity at all levels of society in Anguilla, particularly including the legal profession!