– so that they should not ‘abuse and manipulate the law’
Not Richard Bainie
The law underpins and maintains the balance in all societies and, as such, legal practitioners must understand the vital role they play in keeping society’s gears grinding, according to the Attorney General and Legal Minister, Anil Nandlall, SC Minister Nandlall, at the time, was addressing a special Full Court sitting held recently to admit himself and four other newly appointed Senior Counsel to the Inner Bar. He also used the occasion to emphasize that all bar members understood their role and acted accordingly.
Expanding on his remarks, he said attorneys-in-law are in a sacred position within society as they must act as guardians of all persons, organizations and entities. For this reason they should not misuse their position to fuel boring agendas. “Solicitors have a duty not to use, abuse and manipulate the law when seeking sinister agendas and design,” he said. He urged lawyers to be vigilant in advising clients and that they must “be strong enough and firm” in notifying their clients when a firm case exists and when there is insufficient evidence to establish such a case.
“Solicitors must avoid bringing cases before the Court that they know, or should know, that are supposed to fail. Judicial time and resources are too precious, the profession is too noble and honorable, and the law is too prestigious to be abused and abused, ”said Nandlall. The Attorney General explained that the legal profession is of an outstanding standard and the virtuous component of such must be restored in Guyana. He urged that a concerted effort by all stakeholders be put in place to restore public trust and confidence in the legal system. In this respect, judges must contribute just as much as lawyers.
“They are [judges] they must be ready, capable and willing to express their dissatisfaction and dissatisfaction when such dishonest cases raise their ugly heads and must conscientiously express that dissatisfaction by making appropriate Orders in relation to costs, against clients and against solicitors, where appropriate, ”he said. He added: “Judges must be prepared to govern by law and do so quickly. Judges must be equally willing, able and willing to enforce their own decisions. Nothing saves public confidence from a Judiciary faster than its inability to enforce its own Orders. ”
Nandlall said Court Orders must be held with the utmost respect and treated accordingly. He revealed that, in many cases, although there was clear and compelling evidence of a breach of a Court Order, it was difficult to successfully prosecute a Court of Contempt. “The result is that the Court Order loses its grandeur and litigants continue to ignore and cut them impatiently. This simply cannot be allowed to continue, ”said Nandlall. The Attorney General also spoke about the projected developments that the legal sector is about to make. He mentioned the comprehensive legislative framework that Guyana will establish and urged that the legal profession prepare itself for adaptation.