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The Ethical Lawyer: A Caribbean Perspective
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Apart from exploring these categories of misconduct and the so- called “science of cheating”, this section of the book provides an overview of the profession’s numerous ethical obligations.
The other chapter written by Ali, “Good Lawyer, Bad Money: the Money Laundering Risk”, recognises that lawyers and clients’ funds may forge an unholy alliance, where attorneys assist their clients to retain the proceeds of crime, by participating in a money laundering transaction. It involves a detailed examination of the anti-money laundering risk facing attorneys. This is achieved through a review of cases occurring in the international arena that highlight the vulnerabilities of the legal profession. Apart from the types of services lawyers provide, one of the reasons why legal professionals are attractive to potential money launderers is that it is believed that they provide a patina of propriety and respectability to a transaction. Indeed, it has been said that criminals who are concerned about their activities appearing illegitimate will seek the involvement of a lawyer as a ‘stamp of approval’ for certain activities.
The chapter analyses the relevant anti-money laundering laws and the impact they have on the legal profession. In this regard, attorneys are said to have a matrix of anti-money laundering (“AML”) obligations which stem both from their ethical obligations, as contained in the canons or codes of professional ethics, as well as their responsibilities under the AML legislation.
Apart from the legal and ethical rules that compel attorneys to refrain from illicit activity, there are specific duties that may be imposed on attorneys which seek to give effect to the global AML strategy. These include programmes, policies and controls that must be established for the purpose of preventing and detecting money laundering. Ultimately, there are several consequences that may flow from a breach of these obligations, ranging from disciplinary proceedings to civil liability and, in some cases, criminal prosecution and asset forfeiture.
The totality of the AML laws may be said to force many legal professionals to balance precariously on the horns of a dilemma between their duties to their clients and their obligations under the AML framework. Part of the conundrum involves issues relating to confidentiality and legal professional privilege. In this context, the chapter reviews the legal challenge, brought by attorneys in Jamaica, against the application of certain AML provisions to them, as well as considers the Canadian litigation that inspired the local action.
The other chapters are written by the expert contributors and cover a wide range of ethical concerns, including negligence, conflicts of interest, confidentiality, contempt of court, advertising, undertakings and professional misconduct.
Overall, the chapters in the book seek to echo the immortal words of Sir Thomas Bingham in the seminal case Bolton v. The Law Society that: “It is required of lawyers practising in this country that they should discharge their professional duties with integrity, probity and complete trustworthiness.”
It is hoped that The Ethical Lawyer will be a useful reference for law students, attorneys-at-law and judges, as well as others who wish to gain an insight into the intricacies of the legal profession.
Recognising Outstanding Researchers 2016
Recognising Outstanding Researchers 2016