JANUARY 11TH, 2019 – JANUARY 18TH, 2019
VOLUME 15 - NO. 01
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LAWYERS WARNED Ariel Misick, QC, concerned about conduct of some attorneys
By Todeline Defralien
S
ome lawyers in the Turks and Caicos Islands have been engaging in serious “disciplinary offences that may even be criminal” and it must stop. The observation and admonition came from the country’s leading attorney, Mr. Ariel Misick, QC, who said that some local lawyers “regrettably have not always lived up to the high standards that they ought to maintain”. Addressing a hushed and expectant courtroom at the opening of the Legal Year 2019, on Wednesday January 9th, Misick stated: “In the last two years, I will just tell you of some of the things that I’ve heard of and I am sure other members of the Bar and you (Chief Justice Margaret RamsayHale) may have heard about the actions of us as lawyers. There have been some of us who have heard complaints about attorneys who take money from their clients without performing the work for which they are engaged. There have been complaints about prolonged and unreasonable delays in carrying out the instructions of clients and most ghastly of them all, there have been complaints about unauthorized disposition or dealings in the assets of clients. And then lastly but not least, there have been allegations of overcharging of clients by lawyers.” Misick said when lawyers failed to apply the most ethical standards they are not only damaging themselves and their profession but they impair the justice system because it creates public doubt in the outcome of judicial decisions. He added: “Our first and most important obligation is to our client and that obligation is to represent our client fiercely and to the best of our knowledge, ability and our skill and that means that we must always be aware of what the law is and be aware of the most recent developments in the law. In representing our client and doing so
2019 Legal Year officially opened Pictured is Chief Justice Margaret Supreme Court Ms. Renee Mclean Ramsay-Hale, Her Excellency the ,Commissioner of Police, James Smith, Acting Governor, Anya Williams, Mr. Deputy Commissioner Trevor Botting, Justice Shiraz Aziz, Registrar of the Police Superintendent Wayne Jones
fiercely, it doesn’t mean that we must seek to get the best result at any cost. We are required to assist the court in achieving a fair outcome, because the integrity of the legal system and of the court system depends not only on the judges but also on the lawyers who practice law before the judges. We also have an obligation not to bring our legal profession and the administration of justice into disrepute and that has always been an obligation and it is now enshrined in one of the rules of the Legal Professions Ordinance.” Prior to Misick’s address in the Supreme Court Annex which is used for the SIPT trial, there was a church service at the neighbouring of St. Monica’s Anglican Church where Father Alvardo Adderley called upon lawyers to return that level of respect, faith and dignity
and Deputy Attorney General, Dr. Michael Dillon. (See page 24, 25 and 26 for more photographs).
back to the judicial system. He said, “You must all strive to develop the character or level of professionalism that will ultimately showcase the good qualities of a lawyer. I take you to the book of Titus chapter 2: 7...’show yourself with all respects to be a model of all good works and in your teaching show integrity, dignity and sound speech that cannot be condemned. Hold challenge fighters, to live a life that is upright within the community. He challenged him to be a person of integrity and character.” He added: “There are people in this society who view lawyers and depend on you for most help; your profession is whereby persons trust you and depend on you for their freedom. Your profession is where people trust you for a free trial when others have condemned them, so
for whatever reason some of you have lost your way, your purpose, I challenge you today to take back what the devil has stolen.” He continued, “It is not about the clothes, it is not about the wig, it is not about the titles, it is not about the position and it is not about the salary. Yours is a noble profession my friend and many persons myself included, we call on you for the law, we call on you for character, we call on you for justice and if the Turks and Caicos Islanders cannot go to you, then for God sake to who can they turn.” In addition, Adderley challenged and call upon each lawyer to return that level of respect, faith and dignity back to the judicial system. continued on page 2
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