AG urges lawyers to be forthright with clients
Attorney-General and Minister of Legal Affairs, Anil Nandlall, SC
Attorney-General and Minister of Legal Affairs, Anil Nandlall, SC

-says they must not ‘abuse and manipulate the law’

By Richard Bhainie

THE law sets the foundation of and maintains the equilibrium within every society and, as such, legal practitioners must understand the imperative function they perform in keeping the gears of society grinding, according to Attorney General and Minister of Legal Affairs, Anil Nandlall, S.C. Minister Nandlall was, at the time, addressing a special Full Court sitting recently held to admit himself and four other newly appointed Senior Counsel to the Inner Bar. He also used the occasion to emphasise to all members of the bar to understand their role and to conduct themselves accordingly.

In expanding on his comments, he said attorneys-at-law occupy a sacred position within society as they must act as the guardians of all persons, institutions, and entities. It is for this reason they should not misuse their position to fuel baleful agendas. “Lawyers have a duty not to use, abuse and manipulate the law in pursuit of sinister agendas and design,” he said. He encouraged lawyers to act wary when advising clients and that they must “be strong and firm enough” in informing their clients when a solid case exists and when there is not enough evidence to establish such.

“Lawyers must eschew bringing cases to the Court that they know, or ought to know, is destined to fail. Judicial time and resources are too precious, the profession is too noble and honorable, and the law is too majestic to be abused and misused,” Nandlall said. The Attorney General elucidated that the legal profession is of exemplary standard and the virtuous component of such must be restored in Guyana. He urged that a collective effort by all stakeholders be implemented to restore public trust and confidence in the legal system. In this regard, judges must contribute as equally as lawyers.

“They [judges] must be ready, able and willing to express their displeasure and disquiet when such dishonourable cases raise their ugly heads and must express that displeasure, condignly, by making appropriate Orders in respect to costs, both against clients and against lawyers, where appropriate,” he said. He added: “Judges must be prepared to rule in accordance with the law and do so swiftly. Judges must be equally ready, able and willing to enforce their own decisions. Nothing saps public confidence from a Judiciary quicker than its inability to enforce its own Orders.”

Nandlall said that Court Orders must be held with the highest of respect and treated accordingly. He expounded that in many cases, even though clear and cogent evidence of a flagrant breach of a Court Order exists, it is difficult to successfully prosecute a Contempt of Court proceeding. “The result is the Order of Court loses its majesty and litigants continue to ignore and violate them with impunity. This simply cannot be allowed to continue,” Nandlall said. The Attorney General also spoke of the projected developments the legal sector is about to undertake. He mentioned the comprehensive legislative framework Guyana will establish and urged that the legal profession prepares itself to adapt.

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