Ram rails against ‘unscrupulous’ lawyers
Newly elected President of the GBA, Kamal Ramkarran
Newly elected President of the GBA, Kamal Ramkarran

…says many don’t pay taxes, rob their clients

YOUNG attorney Kamal Ramkaran was on Wednesday elected President of the Guyana Bar Association at a time when one of the body’s former presidents knocked it for being silent on several national issues, including ‘unscrupulous’ lawyers who cheat their clients and evade taxes.

In addition to Ramkarran, Senior Counsel, Robin Stoby was elected 1st Vice-President; Teni Housty, 2nd Vice-President and Devindra Kissoon Treasurer. Other elected officials include: Pauline Chase, Secretary and Faye Barker, Assistant Secretary. The committee members are: Rajendra Poonai, Jamela Ali, Sanjeev Datadin, Mark Waldron, Rexford Jackson and Brenden Glasford. The association election was held in the High Court.

Meanwhile, writing in a letter that appeared in the Stabroek News, Christopher Ram said that it was a particularly bad year for the association, noting that it was hobbled by issues concerning its President, Gem Standford who is in a court battle regarding allegations of misappropriation of funds.
“…the Bar Association was silent, unable or unwilling even to make a statement, let alone take legal action. Had the butcher in Shakespeare’s Henry VI been living in contemporary Guyana, he would not have found it necessary to advocate “…let’s kill all the lawyers”.

“He would soon realise that the lawyers have put the profession into cold storage. The men and women who will vie for election to lead the profession over the next year or two will be undertaking a formidable responsibility. I wish them well. But only if their objective is to serve the society that grants them an elevated status, and not as an embellishment of their CV’s,” Ram wrote.

On a more positive note, he observed that for the first time, two women hold the most senior positions in the judiciary, albeit in acting capacities, not provided for in the Constitution, but he spoke of what he described as the “unending exchanges between the incumbent and the former Attorney General, locked in newspaper battles to prove who is better, more honourable, and more competent, the nobility of the office and the profession being the immediate casualty. And we witnessed the disdainful silence of the senior members of the legal profession, who in days gone by would have considered themselves keepers of the dignity of the profession. They are no less blameworthy for the mess in which the profession has found itself.”

He said the law provides for a Legal Practitioners Committee, comprising of lawyers only, which has responsibility for overseeing the conduct of the members of the profession, but lamented that despite the “unheralded work of a few members, the Committee has been largely ineffective, hobbled by lack of resources, commitment and courage to deal with the egregious infractions by some members of the profession.”

Former GBA President, Christopher Ram

Ram said that recently he learnt of a matter in which a lawyer committed what amounts to a fraud on the courts, a matter known to his colleagues on the other side in the case but who are reluctant to raise the issue.

“Lawyers are bound by a Code of Conduct under the Legal Practitioners Act, but many it seems, pay little attention to its prescriptions, confident that they will get away with whatever. Even when lawyers are found ‘guilty’, the strongest punishment they face is being told to refund the fees or money paid to them by their hapless clients.”

According to Ram, in a civilised environment, such action would require publication, but here in Guyana, there is no more than whisper among lawyers, while the offending lawyer is free to continue the offending practice.

“My recommendation would be for the Legal Practitioners Committee to be headed by a retired judge enabled with a capable full-time staff, and for all its findings to be publicised. The public needs protection from unscrupulous practitioners.”

Tax evasion
Ram, who is also a chartered accountant, spoke against lawyers not remitting taxes, noting that for 14 years, attorneys have blocked statutory provisions (the Fiscal Enactments (Amendment) (No. 2) Act, 2003) aimed at bringing them more securely into the tax net.

“Professionals in Guyana, including accountants and doctors, seem to have an allergy to paying taxes, but what makes the legal profession stand out is that the members ply their trade in court buildings provided, maintained and staffed from funds borne by taxpayers. Yet, the stories of tax evasion by some lawyers would be comical if the matter did not involve criminal conduct.”

He observed that in the past, it did appear that there was a class bias in tax administration that treated the small business person and the employee less favourably than professionals.

“There should be no discrimination in tax administration and it would be a great day when the annual reports of the Revenue Authority start disclosing statistical information on the tax contribution of various categories of taxpayers.”

 

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2 thoughts on “Ram rails against ‘unscrupulous’ lawyers”

  1. I wish this man well. He has a hill to climb. When I was a kid I her law meant Lose All Worth. Once you contacted a lawyer that is what will happen. Lawyers didn’t even have a good reputation back then. However, hey did know how to make money.

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