Seychelles Lawyers With No Code Of Ethics May Just Feel Above The Law Under A Judiciary System In Dissorder

                                                                                                                                

Chief Justice
Frederick Egonda Ntende
Seychelles Judiciary

Re: Concern Regarding Legal Practitioners Ethics or Code of conduct

Dear Sir,

I am addressing my concern to your office regarding the legal practitioners code of ethics in Seychelles. As you must have already been made aware I have been closely monitoring the Seychelles legal system for quite a while now and have had my fair share of reporting on it.

My concern is about the Lawyers code of conduct.  I have already verified and found out that only now in this year 2013 which the judiciary has ventured into drafting such a code to be put in place for usage. Note that I also verified that the bar association only holds a constitution rather than a code of ethics accompanied. I believe that you would agree with me that the lack of guidelines of conduct for lawyers can cast tenure of worry on the credibility of legal practitioners in Seychelles and the judiciary system in itself.

Especially since one who is entrusted to ensure whether one is guilty or not; where years of one’s life can be taken away or given from a verdict based on arguments is done by the same lawyers that represent the law without self conduct.  Several cases I have noticed that many lawyers would have several types of code believed to be adopted by their own chambers or by themselves. There is no specific regulation as to the way they function. Legal fees for cases vary by large margins and numbers from different practitioner despite the fact that every case be it felony or misdemeanor follows with a specific sentence to it.

Some of them would take on cases and legal fees in advance then drop cases with no cash back or simply what they feel they want to give back because they decide how they function. So how does a lawyer calculates his or her services render in an incomplete case to see what comes back to the client or does not or not at all?

In many cases Lawyers tends to secure the biggest pay day case and put on hold others despite having been paid. Requesting the change of dates in court and rendering an accumulation of days for trial by further mention goes on. Sometimes the client is frustrated and drops the lawyer or the lawyer drops the client out of arrogance or anger in such events. This is where the question of money back comes from.  As Part of the clients Right of redress he or she has to seek the chief justice blessings to resolve his or her grievance or prosecute the same lawyer he or she hired by another lawyer and more legal fees  incurred by the client. This could be simply rectified by a code of conduct and amass to a reduction in cases in one go!

Some Lawyers I have interacted with clearly shows that they tend to neglect that when their services are hired and paid for, either to defend or prosecute. They are under employment! Most of them tends to take an approach of boldness as in “you need me and a take it or leave it face is given to the client”.

Many Lawyers act as if they can never be touched nor disbarred if they are in the wrong and the system leaves them unchecked unchallenged and without a code of conduct.

I have also had the pleasure to read from one of your interviews that you made a request for more lawyers to engage into practicing locally and accordingly the judiciary is looking into the pupilage terms to somehow influence qualified locals to practice in Seychelles.

Despite of this being half right I firmly believe that the lack of a code of conduct hinders even amendment of the pupilage terms or any other moves to secure or influence qualified practitioners.

The law should not make parameters for anyone to be above it or exempted from it especially the supreme law. Only then can real credibility and recognition with acceptance be given if addressed.

Yours Sincerely

Jean-Paul Isaac
A Freedom Loving Seychellois