Touting: An illegal law that continues to thrive in the legal profession
By Renay Sambach
Georgetown Magistrates’ Courts.
Kaieteur News – ‘Touting’ is defined as the act of selling something by direct or continuous means. In this week’s article, I’ll focus on “Court touts,” what they do, and the fact that the illegal act continues to thrive in the legal profession.
If you live in or have visited the city, you may have had the first-hand experience of ‘touts’ trying to get you to join a bus they load. ‘Bus buses’ are often found near the various bus parks at Stabroek Market and other areas, helping bus drivers get their buses filled more quickly.
Although this law is illegal, it has become very common in society, especially among the younger group of men.
Besides the ‘bushfires’, another type of hut has emerged in the court system – ‘touts court.’ Court breaks are a bit unusual for some as they are different from those on the bus park that are looking for passengers.
Instead of paying attention to travelers, the court is looking for clients for attorneys-in-law, with whom they work. The more customers a court tout provides for an attorney, the greater the payment that the court tout collects after the attorney is entered to represent that individual.
Court breaks are considered hustlers because they get paid more for their services when they help someone at court. They are more common at the Magistrates Court level, but are most common in Georgetown Magistrates’ Courts.
COURT TOURISM OPERATION
Court breaks perform several duties in court. They are friends with lawyers so when someone needs a lawyer at court, the court house would recommend a lawyer he feels is the most appropriate to handle that particular issue and as such, he would contact ‘ the lawyer and give him / her the job and then the ‘tout court’ would be paid for helping out.
The sign at Georgetown Magistrates’ Courts.
The courtyards at Georgetown Magistrates’ Courts are always well dressed, in their fancy pants and shirts, usually with matching shoes and hats. For decades ‘touting’ has been a criminal offense under the Legal Practitioners Act, and to date, it remains one of the issues facing it due to the increasing use of court booths to secure causes.
In the morning before the court starts and sometimes in the afternoon, ‘touts’ outside the court can be seen on the sidewalk busy to get lawyers for the lawyers.
From being in court, I have observed the way they operate. Often, the court house would stand on the sidewalk in front of the court and as the court numbers increased, they would approach some people to ask if they had an issue or whether a relative or friend had an issue.
Once a conversation has been formed, in order to establish the person’s reason for visiting the court, the court house will then ask whether the individual has already obtained legal representation.
If the person confirms they are not legally represented, the court tout often tells them that they know the best attorney who can assist with the matter or tell them about an attorney who would do the work at cost cheaper.
Court breaks operate at the courthouse during the week, and at the main entrance of Georgetown Magistrates’ Courts, there is a sign on the left end of the building. The sign states, “Absolutely no touts within the court centers. Anyone who carries out touting activities will be prosecuted to the fullest extent of the law. ”
It further states that “Anyone assaulted, molested or harassed in any way by any other person must report immediately to the nearest police station. Order by the Chief Magistrate. ”
GOING THROUGH COVID-19
Despite the worldwide pandemic, the change in daily living, and the restrictions on certain gatherings and activities. Court pools can still be seen at work in front of the Georgetown Magistrates’ Courts compound.
THE LAW
The Legal Practitioners Act outlines that any person acting as a tout will be liable on summary conviction to a $ 16,250 fine and imprisonment for six months.
The law also highlights, “The Registrar must publish in the Gazette the name of any person he is satisfied, whether on evidence of general prestige or otherwise, who has acted as a tout and shall, by such an announcement, states that person and tout. ” [Subsection 1]
However, “The Registrar shall not declare any person to be liable under the preceding subsection unless he has had an opportunity to show the Registrar a case as to why such a declaration should not be made. ” [Subsection 2]
As a result, “The Chief Justice may by order prohibit any person who has been declared a housekeeper as aforesaid from entering the areas of any court except— (a) attending proceedings to which he is a party or a witness ; or (b) with the written consent of the Chief Justice and for any purpose specified in that consent. ” [Subsection 3]
In the last subsection, he comments, “Everyone who, except for a purpose mentioned in subsection (3) (the proof thereof), shall enter any centers which he or she has excluded under that subsection from incurring them, liable on summary conviction to a fine of sixteen thousand two hundred and fifty dollars and imprisonment for six months. ”
CODE OF CONDUCT
According to Chapter 4:01, an attorney-at-law who is involved in tutoring or associates with tutors is deemed unfit to practice as an attorney-at-law.
The attorneys will not allow known touts at their premises or offices, and an attorney-at-law who becomes aware of, or reasonably suspects, someone who does not have a right to practice as an attorney-at-law – is or is not lawful that a public official acting in the course of his duty, for or expecting a fee, shall win or reward, remove or prepare or offer to remove or prepare any legal document other than a will, to report right to the Bar. Society.
In addition, an attorney-at-law will not speak in contempt for another well-placed attorney-in-law; neither will it, through abusive comments or otherwise another attorney-at-law, seek to attract clients to itself rather than that other attorney-in-law.
An attorney-in-law will not solicit keepers or briefs in any way; nor will it provide any incentive to retain its services. The attorney will also avoid giving clients or potential clients confident reassurance about the results of a case or issue, especially when his detention depends on advising his client or potential client in a certain way.
LATEST REMOVAL REPORT
The practice of touting has survived and thrived in our courts for decades. In the past, steps have been taken to stop the dishonest and illegal bowling practice.
It has been more than 50 years since the last case of touting was reported and brought before the courts of Guyana.
John Leonard was the last person to be charged with bowling. He was caught due to a trap set up by the police. He was convicted of the offense but in 1971, in a majority decision, the Court of Appeal overturned the Full Court’s decision that legal business meant legitimate legal business and did not involve a Police trap.
A case of touting proved to be nearly impossible. This was even though the police proved beyond doubt that money was being paid and Leonard was admitted to be an attorney-at-law employee.
However, reports indicated that the attorney-at-law was not charged because of the law then, and still … the guilty person was the tout, who was considered an employee and not the employer, the brain behind the act offender.