JAMAICAN LAW RESOURCES

Practicing Law with Integrity

2018-06-05T23:18:00.000-05:00

According to Jamaica's General Legal Council's website, fifty-seven attorneys have been disbarred between 1978 and 2018. Below is a breakdown of the numbers:

1978 - 1

1988 - 1

1990 - 1999 - 8

2000-2010 - 27

2010-2017 - 18

2018 - 2 (to date)

The majority of these attorneys were disbarred between 2000-2010; the period right after the passing of The Legal Profession (Accounts and Records) Regulations, 1999. The regulations, which are still in force, require attorneys to maintain separate accounts for client funds and provide the GLC with records of their management of client accounts. Between 2010-2017 there was a 33% decline in the number of attorneys disbarred and while will have to wait to see what the next 18 months will bring as the number of disbarred attorneys to date is upsetting, not just for the public but also for attorneys who practice law with integrity.

One does not have to read the rulings published by the Disciplinary Committee to know that the majority of the cases in which attorneys were disbarred involve attorneys misappropriating ("teefing") clients' funds in conveyancing matters. Attorneys receive proceeds of the sale and never hand it over to their clients. In some instances, the clients were selling the only asset of value they owned. I have a close relative who sold her house in Portmore months before I started studying law in 1995 and to date, she has not received one cent from the sale. The plan was to use the procceds of sale to purchase a home for her family (which included two children under six years old) in the United States, where they were relocating to. When her husband went to the Fraud Squad and reported the matter the policeman with whom he spoke nonchalantly advised them to forget about getting back their money because the police were dealing with several similar reports against the same attorney and the attorney was nowhere to be found. This is just one example of many. In other cases, it would seem the attorneys formed the view their clients were either too rich or too dumb to miss a few . Regardless of the circumstances, there are simply too many cases of attorneys misappropriating ("teefing") clients' funds and sullying the profession.

At the foundation of the attorney-client relationship is trust and clients need to be able to trust their attorneys not only to provide competent legal advice but also to protect their legal and financial interests. It is a sad day in our profession when our colleagues are found to be operating merely one step above the scourge of our society, the lottery scammers; we need to do far better.

It is disappointing, embarrassing and upsetting for the rest of the legal profession who make every effort to abide by the law, canons and basic morals. (Yes morals. The same old, yet timeless, morals our parents or guardians drilled into us as children? “Do not steal, do not to take home anyone’s property and do not to be covetous?”) All we are being asked to do is be honest. When news breaks that an attorney is disbarred for dishonest conduct, more particularly, misappropriating (“ teefing”) clients’ funds it is very easy to overlook the fact that over 5,843 attorneys have been registered with the GLC since 1978 of which 57 have been disbarred. In 2018, of the 2,142 attorneys currently issued with practising certificates 2 have been disbarred (as at the time of writing this post) and that figure (2142) does not include people like me, who are non-practising attorneys. So, as horrible as the fact that quite a few of our colleagues have been disbarred, arrested and even convicted for misappropriating (“teefing”) clients’ funds, the rest of us must remind ourselves that while we do not condone the actions of our colleagues, the number of disbarred attorneys for 2018 only represents the minority. It is most unfortunate that the dishonest conduct is so egregious it paints us all in a negative light in the eyes of the public, our client base, because 57 bad apples out of 5,843 should not spoil the whole profession. One thing is certain, some thing or some things need to change.

Some of us will have to unlearn some of the things we have been told are ok to do by colleagues (including senior attorneys) we expect to know better. Young attorneys tend to be more impressionable, especially when you graduate from law school in your early twenties. It is easy to believe that prominent attorneys, will always offer sound guidance and mentorship but always bear in mind, “to err is human.” Nobody knows everything and never assume you share the same values. Furthermore, if you look at the calibre of many of the attorneys who have been disbarred, it is possible for attorneys you regard as role models to lead you astray.

I will share a story with you. In the early years of my studies, one of my law lecturers, a senior and prominent attorney, was at pains trying to convince my class that when we started practicing law if our colleague had a gambling habit and he lost his client’s money and the client was demanding the money we should give our colleague the money to pay the client because that is how we should protect our colleagues. The way the argument was presented our failure to give “sticky fingers” our money to repay the client would bring the legal profession into disrepute, not that sticky fingers’ actions were bringing the legal profession into disrepute. In the same lecture, we were told there is nothing wrong with lawyers pocketing the interest earned on payments made by clients in transactions that took months to complete. The rationale was the client already paid his attorney the money, the money was in the attorney's account so, who should keep the interest, the bank or the lawyer? I sat in the lecture in total disbelief hoping the lecturer was merely playing devil’s advocate, but the lecture concluded without us being told it was a joke. Luckily we had the benefit of an Ethics course prior to our graduation so if any of my colleagues felt guided by that lecturer they could be guided correctly.

My dear young attorney, always remember that when people you admire, respect and emulate give you advice that conflicts with your morals, values and most importantly the law and the canons governing our profession, you have a choice. You can choose to do what is right, and respectfully turn down the advice. Your decision may offend the person but their offence is not worth your career or liberty.

Some of us will have to learn to be patient about wealth acquisition. The authors of the Millionaire Next Door wrote, “… a high level of consumption is expected of people who spend many years in college and professional schools.” The authors also found that in many families with children who are lawyers, doctors and teachers many parents continued supporting the lawyers and doctors financially long after graduation but did not need to do so with the children who were teachers. The theory is, the parents found it necessary to help the lawyers and doctors to maintain their lifestyles because attorneys are expected to maintain a certain lifestyle, whereas teachers were expected to lead humble lifestyles.

The fact that you are an attorney does not mean you must drive high-end vehicles, wear high-end clothing or live in an affluent community straight out of law school. If you work hard and save more than you spend the lifestyle you aspire to will be yours to enjoy without the requirement for an injection of clients’ funds. I cannot emphasize it enough, live within or even below your means. It does not matter what society expects, live the life you can afford on your honestly earned income and do not be embarrassed about living that life either. Living simply often saves you a lot of unnecessary expenses. The more affluent the community you live in, the higher the property taxes, insurance and maintenance. The more expensive school fees for your children becomes because your children have to attend schools the affluent attend. The more prestigious your car is the more expensive the car payments, insurance and service charges. Be patient. While there is no need to display your wealth, do not get me wrong, if fancy vacations, cars or handbags are your thing sure save your money and buy what you would like but try not to be so intent on having these things so quickly that you start using clients' money to fund this desire.

Do not be solely motivated by the desire to have the status symbols successful lawyers are expected to have. There will always be greater and lesser than you so be humble. Just look at how often cellphones are updated, trying to keep up with what is fashionable or a sign of wealth is maddening. (See the poem Desiderata.) Consider changing your focus. Instead of aspiring to own things to show off on others or make yourself look richer than others, try aspiring to be an expert in your field. Aspire to be respected by clients, judges and your peers as a storehouse of knowledge. (Believe me, there is lots of room at the top for knowledgeable attorneys who practice with integrity.) Aspire to fit into your own mould and your biggest problem may be disappointing people who believe lawyers must all be high rollers, even if they are just “big hat, no cattle”.

Follow your instincts … unless you are instinctively dishonest. If you sense something is wrong, it most likely is. If you are about to do something for a client or with a client’s money and you are unsure or uncomfortable about the decision follow your gut, review the relevant laws and the canons if you must, but do not risk your entire career for anyone or any amount of money. If a client is pressuring you into doing anything, take a step back and assess the situation and whatever you do, protect yourself as well as you protect your clients.

Guard your good reputation as an attorney. Do not do anything to sully your reputation, it is all an attorney has to sell to clients. As with all professions, an attorney's reputation precedes him or her, especially when you practice in a small island like Jamaica. Both judges and potential clients will know of your good or sullied reputation before they even lay eyes on you.

Do what is expected of you as an attorney; that includes taking the necessary steps to prevent you from being negligent and keeping your clients informed. When one reads the reports from the Disciplinary Committee there seems to be a trend of lack of communication. We are not superior to our clients; they are our bosses. Lack of communication with clients breeds suspicion and mistrust. You may need to advise clients how often and by what method you will provide them with an update from the outset. In an effort to assuage your clients’ concerns you may need to create reminders in your digital calendars to remind you and your secretary to update clients. You can consider imposing a rule in your practice for clients to be informed of any new information within forty-eight hours or any reasonable time frame that works best for you. I would be really upset if we allowed this to get to the stage were we have regulations dictating how often our clients are to be updated.

It is incumbent upon all attorneys who have the privilege to practice law to continue to conduct ourselves with the highest integrity. The public’s confidence in our profession and our survival as professionals demand nothing less. We cannot have the public believing “damned if we do hire an attorney and damned if we don’t hire an attorney”. We need to practice law with integrity; the basic integrity our parents, grandparents, teachers, guardians, Sunday School teachers and pastors tried to instil in us, BE HONEST. It is one thing to be disbarred because you failed to file an accountant’s report but misappropriating (“teefing ”) clients’ funds like the unforgivable legal professional sin, so BE HONEST.

To the public, not all lawyers are dishonest.

Also published at: Practicing Law with Integrity

Chronicles from my former life as a prosecutor in Jamaica

2017-07-20T08:42:00.002-05:00

Whenever people discover I was a prosecutor, in Jamaica, they tend to ask the same questions:

Did you ever prosecute murderers?
Have you ever been threatened by a criminal?
Weren't you afraid?
Did you ever send someone you thought was innocent to jail?
Has any criminal ever confessed to you?
Have you ever encountered someone you prosecuted out of court?
Would you prosecute someone you know?

1. Did you ever prosecute murderers?

Yes. Prosecuting murderers is commonplace for Jamaican prosecutors. Within a year (or less) of joining the Office of the Director of Public Prosecutions Department, a prosecutor would have prosecuted a few murders. This is primarily because of the high murder rate, an inadequate number of judges, courtrooms and prosecutors in relation to Jamaica's escalating crime rates. The government has, through the years, added a few judges, prosecutors and courtrooms, but the numbers remain inadequate to deal with Jamaica's ever increasing crime rate. There is a direct correlation between Jamaica's escalating crime rate and the backlog of cases in the courts.

Nothing the prosecutors and judges do will ever make a significant dent in the backlog of criminal cases if the crime rate is not reduced significantly and for an extended period. The truth is, our people desperately need to change. We need to change a lot of things! We need to change our values and attitudes. We need to value life and respect other people's property. We need to stop being so easily offended by small things. We need to be more disciplined and less aggressive. We need our young men, in particular, to see the value of an honest day's work and steer them away from the gun, the scamming and the murderous lifestyle too many are engaged in. We need to take responsibility for our actions, and inactions, and stop believing that we are all entitled to a "bligh" (Jamaican for chance) so we can break laws and do as we please.

Despite the inefficiencies and criticisms of the justice system, judges and prosecutors continue to tackle the growing mountain of cases but, they are simply carrying water in the proverbial basket! So yes, prosecutors in their twenties, with a few years at the bar have no choice but to sharpen their skills quickly to competently prosecute murderers who are often represented by very experienced defence counsel.

2. Have you ever been threatened by a criminal?

Yes. The threat I received did not warrant me being assigned a police detail but it was nevertheless a threat. The first murder trial I participated in when I joined the DPP's office resulted in a conviction and the accused threatened to kill both my senior and I upon his release. I really wondered why he would want to kill me when he confessed to the murder to two people and showed them the body. All I did in the trial was martial the evidence of the formal witnesses like the person who identified the body, the pathologist and the police officer who conducted the identification parade and I took notes. I guess that was sufficient participation in the process on my part to justify him threatening to kill me.

3. Weren't you afraid?

I had two moments when I truly felt afraid. Prior to applying for the job as a prosecutor, I was fully aware of the potential dangers involved and I had decided to die doing what is right if that is what it takes to ensure justice is done in my corner. Sounds heroic but I was serious. Despite my seeming courage, there were moments when I felt afraid. I only recall being afraid I might be hurt twice.

The first time I felt afraid was when I was sent to prosecute cases in a parish that did not have the best hotel accommodation. I was exhausted from back to back assignments and no break in between. Despite the advice of my colleagues and judges who warned me about how dingy the place was I opted to stay at the hotel next door to the court. I had already prepared my cases and was fully aware I would have been prosecuting a drug don for a gun crime and a hit man for murder in the same week. I was not afraid while reading the files. (I usually felt many emotions while reading files but never fear.) When I arrived at the "hotel" I wished its dinginess was my only concern!! The property was unoccupied, I must have been the only guest, and there was no security guard in sight. (In retrospect the guard may have been the same person who checked me in, prepared the meals and cleaned the room. Yes, it was that kind of place and the Ministry of Justice had it on their list of approved hotels for prosecutors.) My room was visible from the main road and access could easily be gained by just walking off the street through the permanently open gate. My car had to be parked where it would also be visible from the main road and the three or four blocks of buildings next to mine were unoccupied. What concerned me, even more, apart from the awful smell of the linen and dirty water marks on the bath tiles, was the fact that I could have easily broken into the room MYSELF!! The door had a flimsy lock that was so close to the wooden louvre windows you could pry it open. When night fell the place was in pitch darkness and I had to stay up reading in preparation for court which meant everyone could see my lights on from the road. But that was not the scariest night at all.

The drug don was acquitted and the following day he, and no less than a dozen of his cronies on motorcycles, greeted me in the parking lot ... where I had to park. He playfully mocked me about his acquittal and I just went about my business only to discover the hit man I was about to prosecute was his hit man. I still was not afraid. I prosecuted the hit man, who turned out to be one humorous person ... despite his job description. He was convicted. As I drove to the hotel that afternoon, with the clean sheets my father had driven all the way from home to take to me, I felt AFRAID!! The drug don and his cronies were still in the parking lot and I had to drive to the hotel next door. "What if they got a brilliant idea???" I thought. All I could do that night was move the bedside table to the front door and position the lamp so that I would hear it fall if anyone opened the door. I said my prayers and went to sleep. Nothing happened.

The second time I felt afraid was during the prosecution of a case which, as the evidence unfolded I discovered, had connections that extended beyond Jamaica's borders. The accused persons tried to intimidate me each time I appeared at court but I did not feel afraid. One afternoon just before I left court the police advised senior counsel and I they received information of some "plan". That was it. No details. I drove away from court checking my mirrors to see if I was being followed but noticed nothing suspicious. I was at the front of a line of traffic waiting for the traffic light to change when a motorcyclist in all black rode up next to my car and his bike made a loud sound like a gunshot! I think my heart stopped for a few seconds! When I realised I was not shot I laughed all the way home. The next day I told the police what had happened and I was assured they had followed me home. I didn't even notice them. So much for me checking to see if I was being followed huh?

I learned early in my career as a prosecutor hat once you treat the accused persons with fairness and respect they will not harm you. I have had an accused man wait for me in the parking lot to thank me after I threw out his cases upon realising the police had trumped up the charges to keep him out of a tourist area during the peak season. When he saw how dirty my car was he proceeded to clean the bonnet with the shirt he was wearing to show his gratitude. A few weeks later, the same man protected me from a drug addict who had me cornered in a lonely parking lot begging me for money. He told the addict, "leave my friend alone! Whenever you see her do not beg her for anything!"

4. Did you ever send someone you thought was innocent to jail?

Technically prosecutor's do not "send people to jail". They assist the judge in the decision-making process through the marshalling of evidence but the answer is, yes. I have prosecuted innocent people who have been found guilty. For some prosecutors, it may be about securing convictions, but it was not that way for me. I just wanted justice and I fully appreciated that justice sometimes demanded acquittals. I am, to this day haunted by two cases.

In the first case, identification was in issue and the sole witness to facts testified he knew the accused before the incident and the accused was standing under a street light. In his defence the accused insisted that he did not shoot at the complainant and there are no streets lights on the road the complainant alleged the incident occurred. Weeks after the conviction of the accused, I used the same road and discovered, there were, in fact, no street lights! A simple visit to the locus in quo would have resolved the case in the accused person's favour. By then it was too late. I didn't even remember his name or who represented him.

The second case was the conviction of a teenager in Clarendon. There was no basis for his conviction, in fact, based on the judge's remarks at the beginning of the delivery of his judgment I had endorsed the indictments "Not Guilty". The sole issue was credibility. I did not believe my own witness' evidence but that is a matter for a judge or jury to determine and the judge said, "I do not believe the prosecutions' witnesses." At the end of the judgment, the judge found this young man "guilty". Believe me when I tell you shock can cause temporary deafness! All I remember thereafter was encouraging Queen's counsel, who represented the accused "please file his appeal immediately." That young man spent about six months in prison before his conviction was quashed. That was the day I decided to stop being a prosecutor. I felt like I was playing games with people's lives and I that was not my objective. I wanted fairness.

I am sure there are other innocent persons who may have gone to jail on my watch but I just cannot tell who. All I know is, most times, it is the better liar who wins in the courtroom. There just is no way of telling what really happened in most cases.

5. Has any criminal ever confessed to you?

Yes. For some reason, accused persons, particularly in the Gun Court, always wanted to tell me "their side". Even when I explained "I am not allowed to discuss your case with you because you are represented by counsel" they would still insist on shouting out what they had to say. One day an accused man told me he robbed the female complainant but he did not shoot at the police. I spoke to the police officer. I told him if the accused did not shoot at the police we can drop the gun charge and send the Housebreaking and Larceny charge to the Resident Magistrate's Court. The police insisted the accused shot at them and of course, that is not an accusation to make light of. As the case unfolded, the Crown's civilian evidence revealed the police were not being honest and the accused was found not guilty on all charges. That for me was justice. There is no need to tell lies on people to win cases.

The second time an accused confessed to me was in a rape case in Kingston. Rape is one of the hardest offences to secure convictions in in Jamaica. I am a woman but I never liked having one female juror on a panel in a rape case. Every rape case I have ever done with female jurors has resulted in all the females saying not guilty and the men saying guilty. This case was no different. There was one male on the panel, as the female jurors outnumbered the males on that occasion. All the women said, "not guilty" and the male juror was the only one saying "guilty". The accused was freed of raping his ex-girlfriend and facilitating her subsequent gang rape. The evidence was overwhelming and the victim was clearly traumatised but the women decided the accused was innocent. As the police escorted the defendant out of court he said to me, while laughing, "a me do it and me get wey." He laughed all the way out of the court room. I felt really hurt for the victim and extremely disappointed in the women of the jury but there was nothing more I could do.

6. Have you ever encountered someone you prosecuted out of court?

Yes. I had a habit of going parasailing in Negril on my birthday when I was a prosecutor in Westmoreland. After an exhilarating experience in the sky on my 27th birthday as I was being taken to shore, when the man who ensured the ropes were secure and guided me safely back into the boat asked me, "Miss do you remember me?" From my experience that usually meant I prosecuted him. I played dumb and said, "No." (I really did not remember him and furthermore, we were still at sea.) He said, "I remember you. You are the Clerk of the Court." I neither admitted nor denied it and he went on, "I was in Court on Tuesday and I pleaded guilty for a ganja spliff but you know me never have any spliff. A lie the police tell pon me." I could not help myself at this point because I was tired of people in the parish pleading guilty to possession of ganja spliffs to avoid being locked up for a week. I had to ask him why he pleaded guilty when he was innocent. He explained the police told him if he pleaded guilty the fine would only be one hundred dollars instead of being remanded for one week. The police were right but the court was not. It was nothing short of coercion. Who wouldn't choose a hundred dollar fine if the judge was going to remand them in a Jamaican lock up for a week?

7. Would you prosecute someone you know?

If I had to, yes, without batting an eye but I have never prosecuted someone I knew.

Being a prosecutor is the second most rewarding job I have had. Being a Jamaican prosecutor was, and continues to be, more challenging than the people and the government of Jamaica can begin to fathom. The public, in their ignorance, sit in constant criticism of the work of the office of the Director of Public Prosecutions when they have no clue what the job of a prosecutor entails and the average prosecutor is too busy preparing for the next trial, the next stint in the Court of Appeal, or sitting of the Circuit Court to defend themselves. I would not defend or support prosecutors who are clearly incompetent or corrupt. Having been a member of the Office of the Director of Public Prosecutions I can proudly say our prosecutors do their very best with the limited resources at their disposal and when I worked in the office I did not know of one corrupt prosecutor. When I read the insinuations of corruption on the part of the Director or the office all I recall are the cases my then colleagues and I prosecuted and lost due to poor investigation, the absence of witnesses or breaches of the rules of evidence during testimony. The outcome of cases may not always be what the public desires but corruption on the part of prosecutors is not necessarily the reason. Many non-lawyers cannot appreciate that "facts" touted in the media are not always admissible in court. So as long as there is no impropriety on the part of the prosecutors and they did their best, we all have to accept the verdicts we cannot change.

To those prosecutors who choose to continue to serve Jamaica or their country as true ministers of justice, your commitment to the administration of justice is appreciated.

How I Organise My General Legal Council Stuff

2017-07-05T04:40:00.001-05:00

There was a time in my life when I did not have to concern myself with anything GLC related. Then I left government service to be in-house counsel and that changed. Months after I resigned from my that job I forgot to pay my Practising Certificate fees and I had to pay the penalty.

I am generally an organised person so I was … No strike that I still AM, quite pissed at myself for not realizing and having to pay double when I wasn’t even practising law. [I only keep current … just in case I need to do something in the capacity of a Lawyer.] I could not believe I missed that! My only revenge was to organise my business so it would never happen again.

The first thing I did was go through all the legislation related to the profession and created reminders on my computer. Then I created a folder on my computer that I labelled “General Legal Council”. In that folder I created sub-folders for:

1. GLC - Annual Declaration of Activities – Money Laundering Regulations

I had created this folder the moment I was advised we were required to submit this form. Notice how I label the file in the picture below. The year could be inserted at the beginning or end of the filename to organise the documents sequentially by year but I prefer the year first for these forms. I also added my attorney number so the recipient can find my document by name or number.

When I send attachments to the GLC the file name will usually be included in the subject of the email so if I need to find a copy of the email I sent to the GLC attaching this form it will be easier to locate.

2. GLC – Laws

In this folder, I save copies of Legislation governing the Legal Profession so I do not have to constantly be Googling or relying on the GLC’s website (which irritates me) to find an Act or Regulations when I need them.

3. GLC - Practising Certificates

In this folder I have sub-folders for:

I maintain a separate sub-folder for scanned copies of the practising certificate issued to. By adding the year the Practising Certificate expires in the file name they are saved in sequential order so it is easy to see which ones are missing. I find it helpful to save scanned copies in one folder in the unlikely event I am asked to produce them.

You do not have to save them in a subfolder if you prefer not. However, I would recommend that in deciding on the file name you put the year at the end so all the Practising Certificates would always be batched together in sequential order. If you place the year in front all the documents in the folder for the year 2001 will be together and sorted alphabetically which makes locating a specific Practising Certificate a little harder.

The picture below illustrates how the documents will appear if you saved all Practising Certificate related files in one folder with the year at the end of the file name.

Practising Certificate – Applications Sub-folder

This folder is further divided. I maintain separate folders for Applications, Declarations, Payments and Receipts. The receipts folder is where I store all documents proving the GLC received my application for a new Practising Certificate. The payments folder is where I store all GLC issued receipts for Practice Certificates.

4. GLC – Payments Sub-Folder

This is where I save all “other” receipts for payment to the GLC.

5. GLC – Correspondence – Sub-Folder

Any correspondence I receive from the GLC via the post is saved here.

And that is how I organise all my documents related to the General Legal Council.

Managing Legal Cases Digitally (When Case Management Software is not an Option)

2017-06-28T06:15:00.044-05:00

This article is not intended for attorneys who practice law in first world countries or large firms equipped with case management software. Instead, I write from the perspective of a practitioner in a third world/ developing country where subscriptions to case management software are simply unaffordable and most of my colleagues shy away from using the computer. For attorneys in my country, Jamaica, and other Caribbean territories to obtain a good case management software they would have to pass on the cost to clients who already cannot afford, or would rather not pay, legal fees. With a little computer knowledge and organisation skills, attorneys can save pockets of time that add up over time.

I began my legal career as a prosecutor. There was no computer on my desk, cases were simply managed by the maintenance of a good old diary which was manually updated from the court sheet daily. I owned my a computer but relied heavily on pens and paper to summarise the cases. My most prized "tools of the trade" were a pencil box filled with a rainbow of highlighters, Pilot Precise and Uniball pens and my secret stash of new coloured pens that I kept in a shoe box at home. It was a weird obsession but when I went to the Director of Public Prosecutions Department I soon realised that many of my female colleagues shared my pen/ stationery obsession. My obsession cost me an average of US$150 on pens, highlighters and post-it note pads in Walmart each time I travelled.

After giving away the bulk of my prized stash of pens from those days,

this is my current stash ... and I rarely use pens today.

When I started working in the private sector I was responsible for managing the Legal Department efficiently. One of the biggest budget items was printing. We generated a lot of paper and being the organiser that I innately am, I set about implementing systems to simplify my life as in-house counsel and reduce the printing budget. I decided to digitise the office the way I wished the Director of Public Prosecutions Department would and the way I would if I was a sole practitioner. The result was a reduced printing budget because only documents that needed to be printed were printed. All work files were saved on my laptop so I could work remotely. [I am an advocate for attorneys working remotely, especially when they need to draft documents or conduct research because there are fewer interruptions. Unfortunately, very few employers seem to trust staff to work remotely.] This is what I did to manage my cases without a sophisticated case management software.

YOU WILL NEED

A computer (I prefer laptops because of their portability)
A Scanner
An External Hard Drive

CREATE A SHARED DRIVE

I had the luxury of an Information Technology Manager so creating the shared drive was his job. A shared drive gives you and any other person with whom the drive is shared access to the files.

INVEST IN A SCANNER

I ordered a simple, reliable scanner from Appliance Traders Limited (ATL). I choose this simple, easy to use and portable Canon scanner. There are more sleek and portable scanners on the market now but this one proved reliable enough for me. Today you can even use your cellphone as a document scanner but I somehow still prefer a flat bed scanner.

Source of Photograph: Amazon.com

I swear by this scanner. I have had mine for over five years and it still works perfectly. It is powered by a USB cable so no electricity is required and you have one less cable to contend with and I hate clutter. Additionally, I did not have to stand over it. I could sit and scan away.

For those who have bulkier documents to scan, and who can afford it, there are scanners on the market that automatically feed the documents being scanned and emails the digital copy directly to your email account. Some examples can be found here.

TIPS FOR SCANNING AND SAVING FILES

Scan ALL new documents entering the office. After obtaining the scanner I instructed my assistant to scan all new documents entering the office while simultaneously working on scanning each file in the filing cabinets. It took some time to scan all the open files but we (... rather he) did it. In retrospect a scanner that has the capacity to feed documents would have saved us time but unfortunately only heavy duty ones were available at the time of our purchase and it was not my intention to invest heavily in a commercial grade scanner knowing that after we had scanned the open files we would have less documents to scan.
Save Scanned Documents as PDFs and MSWord Documents (When Necessary). I found it useful to save the documents as PDFs unless I needed a working copy, then I would save both a PDF and a MsWord Copy of the same document.
Scan and Save Documents Individually. Avoid scanning and saving an entire file as one large PDF. I found it easier to save each document as one file and if necessary I would also save all the documents as one PDF using a PDF merger.
Create a System for Naming Files (File Path). I tend to use systems that make it easier for people who may need to rely on my work after I have left (for any reason including death) to find what they need with ease. I extended that approach to my assistant's work. Assistants/ Paralegals come and go and you do not want to be left in a bind when an assistant suddenly leaves. You could look on the Assistant's computer and discover you have to search through every single digital file to find one document. What if your Assistant or Paralegal gave every Defence received the filename "Defence No 1, 2, 3 ... and so on"? Finding the defence you needed would be a waste of time and you would end up having to pay the replacement to undo the mess. In my opinion, assistants/ paralegals should be using a file path system that has either been set up by the Attorney or a system the Attorney can easily use on their own in the absence of the assistant/paralegal. It would be best if the Attorney provides the assistant with the file path at the start of employment and insist that it is strictly followed unless the Attorney instructs otherwise.

In deciding how to name files you need to determine how you prefer to identify clients' files. You can use the same system you use in your filing cabinets to help you to name each digital folder. In fact, that will help you retrieve the hard copy of the file.

Each file in your filing cabinet is the equivalent of a folder on your desktop and each category of documents in each physical file is equivalent to a subfolder. So look at how you organise the files in your filing cabinets to help you to decide how to save the documents digitally. Do you use clients' names and/or an identification number to distinguish clients with the same names? Do you prefer to have the most recent document at the top of the file or the bottom of the physical file? I personally prefer to have the most recent document on the top so as I open the file I know what is the latest thing on it.

Including the numerical version of dates in each file name will also help to arrange each digital file in date order. Depending on how you name your files all documents would be automatically saved in sequential order. This also makes it easy to convert the individual files into one PDF if you ever need to. It also makes it easy for a new attorney or paralegal to go through the digital file and be fully apprised of what has transpired.

Legal files generally contain several types of documents that can be broken down into sub-categories. For example in criminal cases:

Client Information and Minute Sheet

Client Intake Form
Client Identification
Documents Received from Client
Invoices
Minute Sheets

Correspondence

Lawyer/Client
Lawyer/Crown
Lawyer/Others (Investigators, witnesses, experts etc.)

Statements

Prosecution Witness Statements
Defence Witness Statements

Documents Served

Notices to Adduce
Evidence (Audio, Video, Documentary)

Research

Authorities
Legislation
Sections from Books

Working Documents

Case for the Prosecution
Case for the Defence
Submissions

For Civil Cases, I usually create some of the subfolders above and:

Documents - Mediation
Documents - Filed in Court
Documents - Exhibited or Disclosed
Documents - Judgments
Documents - Legal Research

5. Use Sub Folders. I use these sub-categories to create sub-folders because I do not like wading through irrelevant files to get to the ones I need. If you prefer to have all your files in one folder and no subfolders, the file path system I use keeps all files in each sub-category together in date order as well. In my previous post, I explained that the file names on my computer tell me which folders and subfolders to search in order to find the document I need.

In deciding on the file path I usually start with the word I want to use to arrange all the files into an organised list. This way even if you are too lazy to create a folder for each client or matter and you dump all your digital files in My Documents they can still be sorted by client, type of matter or type of document. Once the file is saved to its folder it will automatically be filed in date order or alphabetic order depending on where you place the date.

You can use abbreviated terms to shorten the file names particularly if you are using a system which limits the number of characters in filenames. For instance, in the screenshot above I used CL/L to represent letters from the client to the lawyer and L/CL for letters from the lawyer to the Client. You will also notice that when the CL/L or L/CL is placed before the date you will have all letters from the lawyer/ client organised by date. If you want to be able to read the correspondence between you and the client in sequential order then place the date before CL/L or L/CL.

Including Dates in the File Path

In deciding which date to use, I use the following:

Correspondence - Date on the letter
Documents filed in court - Date the court stamps the document as being received
Witness Statements in Criminal Matters - Date the statement was recorded

You have to decide which method of representing the date you will include in the file path. I personally moved from:

Jan 1, 2000 (It annoyed me that the computer sorted the documents alphabetically using the first letter in the month. So I ended up with all files dated January being grouped together by date and then year to;
20000101(I found this method too difficult to decipher while scanning lists of documents) to;
2000 - 01 - 01 (year-month-date) This style spreads out the date too much for my obsessive compulsive nature as it relates to the layout of words so I adjusted this style to the style I currently use which is 2000-01-01. I insert one space before and after the words to make the file name easier to read in a list. Example: 2000-01-01 - File Number - File Name. I personally prefer to use dashes instead of the underscore (2000_01_01) but that is my "layout obsession" speaking. If you prefer the underscore method use it.

Including Case File Numbers in the File Path

In naming criminal practice files I recommend including the case number since a client can have several cases pending for the same offence. If you practise in several parishes you can also include abbreviations for the relevant parish before the File Number. By so doing the cases will be organised by the Parish Court. When I practised Criminal Law one of my pet peeves was the file numbering system employed by the Director of Public Prosecution's Department (Jamaica) for Rural Circuit Court matters. Every term the Court Administrator assigned new numbers to the cases in each Rural Circuit. So for example, Case 1/1990 can become Case 40/2017. This used to be the case in the Home Circuit Court but that was eventually changed. Apparently, the same reasoning cannot be applied to the Rural Circuits. So today, ten years after I left the department, the DPPD fails to see how this number system contributes to cases being on the list for years without prosecutors realising just how long and the waste of manpower and resources involved. The system allegedly works for them but in my opinion, it makes no sense when the only person who can track a Rural Circuit matter by its file number was the DPP's Office Administrator and that person has to read through a pile of notebooks in order to do so. Whereas if each matter was assigned a Circuit Court number when the file is submitted to the DPP's office judges, prosecutors, lawyers and even the public could tell this matter was the first matter for the year 1990. The file number alone would prompt prosecutors and judges to try to dispose of the matter because of its age ... but that's probably for another post.

For cases with fixed file numbers, you can include the file number in the file path. By so doing you can conduct a general search of your computer for all files with that file number and even if you move all files related to one client into one folder they can still be organised by file number, depending on how you name the file. For civil matters that are not settled before a suit is filed, I usually rename the files after the suit is filed to include the Suit Number. If you are using a Mac computer this task can be executed in seconds using Automator.

For Civil matters, I found it most efficient to sort the files by the dates documents were filed instead of the type of document. By saving the documents by the date the file is organised sequentially. You will be able to tell by looking at the documents you have in the folder which documents need to be prepared. If there were amendments to the Statement of Case, Defence or several witnesses statements etc I would simply create sub-sub-folders and label them Statement of Case, Defence etc to keep all those documents together.

Locating Documents in a Thick Bundle

To be able to quickly locate documents in a thick bundle using the computer this is how I save the files. I confess, it is time-consuming initially but it is well worth it at the trial stage.

Create a folder for Exhibits or Documents Disclosed. Create subfolders for each document filed in court with attachments. When creating the file path start by numbering the file path sequentially, and add the page number at the end of the file path, if the pages of the bundle are numbered for ease of reference. By so doing you can simply use the file name to locate the physical document. I also recommend adding the title of the document at the end of the file path if possible. This way you can search for the title of the document in the "Exhibits/Documents Disclosed" folder This is illustrated below.

BACKUP YOUR DOCUMENTS
It goes without saying when discussing managing digital files. Backup your files. Invest in an external hard drive. I recommend something small and USB powered.

I know there are many of us who want to be more organised but we have no idea how to get started. Sometimes all that is required is some inspiration from someone else. Hopefully, this post provides some inspiration.

Create Your Personal Law Library on Your Computer

2017-04-28T14:55:00.001-05:00

Not all legal practitioners can afford to subscribe to electronic legal research services like Lexis-Nexis. When I started practicing, the court I was assigned to didn’t even have an up-to-date set of the Laws of Jamaica. Practitioners who cannot afford subscription fees must rely on the good old Law Library, judgments published online and their stash of photocopied cases acquired over the years. In Jamaica, Kingston is the home to the only two Law Libraries in the entire island. The attorneys in St. James have been resourceful enough to create a small library but it is not extensive.

Maintaining an organized digital library can help to make legal research and case preparation a breeze but conducting legal research electronically is often more challenging for senior attorneys and young attorneys who are not as computer savvy as they should be. Furthermore, most attorneys simply LOVE PAPER and all things stationery. I am guilty. I love law offices adorned with walls of Law Reports displayed, even if they are dusty and bookworm ridden, but I no longer conduct research using physical textbooks. In fact, I avoid buying physical books and, only do so if they are not available on Kindle or via PDF.

For your digital library to meet your needs you will need to exercise a little discipline.

You need the discipline to label and tag each file in a manner that helps you retrieve it when required. If you cannot locate the file when you need it, you are only wasting hard drive space and time by saving it. You also need discipline to save files in the correct folders. If you save the files in the correct folders as soon as you download or scan them you save yourself the hassle of having to sort them later. If a case deals with several points of law, duplicate the file and place one copy in each relevant folder when you are saving the file.

I implemented the system I am about to share with you to help me to locate files quickly when I needed them. (It is constantly being updated to make retrieval easier for me.) I will call it the “basic edition”. As involved as the basic edition may appear, the “premium edition” is even more involved. In the premium edition, I summarize almost every case I read into a table in either Microsoft Excel or Microsoft Word, save a digital copy of the case, and hyperlink the name of the case in the Microsoft Excel or Microsoft Word document to the digital copy of the case on my computer. With just a click of the mouse, I can locate and print or email copies of the case. I can also make a duplicate of the case and drag it into the folder for the case being worked on. All cases I have worked on have a sub-folder for authorities being relied on. That way, when I am working on a file I have all the relevant documents in one place.

You will need:

1. A Computer

2. Scanner (to scan cases you only have hard copies of)

3. An idea of how you would prefer to organize your material.

4. Dropbox or a similar external storage provider or external drive you can access from your phone or tablet, preferably without the internet.

I suggest you locate all hard copies of authorities you own. Take a day, … or four, to go through them and determine whether they are available online. The easiest way to do this is to check the Court of Appeal or Supreme Court websites to see which years are available. Write the period down on a post-it note and put it where you can see it as you go through the pile of cases. Throw out all cases that are available online. Set aside the older cases to be scanned another day. Download digital copies of cases on the courts’ website as the need arises and save them.

When naming files and folders on my computer I use “Sentence Case” instead of “lowercase” or UPPERCASE LETTERS. Sentence case means the first letter of each word is capitalized. I personally find lists of UPPERCASE TITLES difficult to read. I also find it easier to read lists instead of thumbnails. To make the names of the files appear neatly in each folder I use dashes, not underscore, to separate some words.

Example: Criminal Law – Evidence – Recent Complaint - Name of Case - Citation.

By saving the files this way you will have all the Recent Complaint cases together neatly in alphabetical order. Additionally, this method also tells me where exactly to look for the original copy. Criminal Law – Evidence – Recent Complaint tells me the file is in subfolders in the Criminal Law Folder and I know I keep all authorities in one folder.

Steps

1. Create a new folder and label it “Law”

2. Create two Sub-Folders and label them:

a. Areas of Law – See Item 4 below

b. Legal Resources – See Item 3 below

3. Create Sub-Sub-Folders in the Legal Resources Folder and label them:

a. Articles – Drag and drop all articles you have not had a chance to sort here.

b. Books - Drag and drop all PDF Law Books you own here

c. Journals - Drag and drop all PDF Journals you own here

d. Law Reports - Drag and drop all Law Reports you own here

e. Legislation - Drag and drop or download all Legislation here

f. Practice Directions – Save all Practice Directions here

4. Create Sub-Sub-Folders in the Areas of Law folder for each area of law relevant to your practice and label them accordingly. Some areas of law will have several topics so create sub-folders for each topic. To keep topics together in an alphabetical list, start the names of all the related folders with the same word. You can also create sub-folders for documents you need to sort later. See examples below:

a. Criminal Law

a. Trial - Cross Examination

b. Trial – Examination in Chief

c. Trial – No Case Submission

d. Defence – Provocation

e. Defence – Self Defence

f. Offence – Murder

g. Offence – Manslaughter

h. Offence – Manslaughter – Motor

5. In each Sub-Sub-Folder in item 4 above create three subfolders and label them:

a. Articles

b. Cases

c. Precedents

You can create a new folder and label it New Area of Law Folder. Then copy all the Sub-Subfolders in item no. 5 and paste them in this folder. This can be used as a “template” so, when you need to start a “new area of law folder” all you need to do, is copy this folder and rename the copy.

6. Drag the relevant documents into each file.

7. Save the folder in Dropbox, a thumb drive or iBooks so you can access it from your phone or tablet.

This may seem time-consuming but the earlier in your practice you start this system the easier it is to maintain and the easier it is to conduct your legal research. Additionally, once your laptop or tablet is fully charged, blackouts do not have to impede your research.

I would love to know how you organize your authorities, my system is always being tweaked.

Helpful Links

· Privy Council Cases (2009-2017)

· Privy Council Cases (1999-2009)

· WorldLII

· Caribbean Court of Justice

· Caribbean Court of Justice – Original Jurisdiction Judgments

· Eastern Caribbean Courts

· Court of Appeal Jamaica – Civil

· Court of Appeal Jamaica – Criminal

International Criminal Court Database

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5 ways one Traffic Ticket Impacted my Career as a Prosecutor

2017-04-27T12:20:00.003-05:00

While I was a prosecutor at the Director of Public Prosecution's office, I received a few traffic tickets, but the traffic ticket that changed my life was one I received from a police constable who had only recently graduated from training school. I was determined to dispute the charge, but my research revealed I had no case, so I just had to attend court, plead guilty, and pay the fine.

Sitting in court as a defendant was a very sobering experience. For a change, I was able to sit in court as an observer--I mean defendant--and what I observed changed the way I did my work thereafter.

Lesson 1 - I do not know everything

I always knew, and accepted, that I do not know everything, but I clearly needed this reminder. It is easy to assume that you know everything in your area of practice, especially after you have had reason to go through a piece of legislation several times. I had been through the Road Traffic Act so many times, and I had never come across a section related to the charge, but as luck would have it, I knew that one prosecutor who knew of the existence of the authority to support the charge, so I had to concede.

Lesson 2 - Court is scary!

Although I was sitting in counsel's bench while waiting for my attorney to arrive, I was still a defendant, a lawbreaker ... and a guilty one too. Knowing the worst sentence possible was a fine gave me very little comfort in that moment! I had withdrawn more than enough money to pay the fine just to be safe, but as I observed the proceedings, I felt myself growing a little nervous. When my matter was called, I stood where all the other defendants stood and entered my plea.

The judge's courtroom demeanour was quite intimidating from the position of a ... guilty defendant. I felt quite cute when the judge asked my attorney, "Why was she sitting in counsel's bench when she is a defendant?" I was almost certain the judge would have let me be the only defendant to stand in the dock that morning just for the heck of it. For the first time, I truly appreciated how some members of the public felt.

Lesson 3 - The attitude of the bench trickles down

Generally speaking, court officers, and by that I mean, prosecutors, police officers, and court staff, tend to take their cue from the bench. If the judge is discourteous and impatient towards the public, the odds are that the prosecutor and police officers will be discourteous and impatient with the public as well.

The judge's impatience pressured the court sergeant, who then pressured the police officer responsible for calling names, who then pressured the public; even my "fellow defendants" seemed to grow impatient with the people who didn't run into court when their name was called, but the prosecutor in court that morning was unaffected. Whereas everyone else forgot to refer to the men and women as "Mr. or Miss So and So," she did not. I recalled several instances in which I,too, was guilty of passing on the pressure from the judge to the police and the public. It really did not look good from the observer's seat at all.

Lesson 4 - We waste people's time and sometimes ruin their lives

Everybody complains about this all the time, but the truth is that all court users contribute to the time wasting, and no particular group is exclusively responsible for it. There are, however, ways we can reduce the time wasting.

It seems difficult for the public to understand, but a court can only try one case at a time. A trial may span several days, and all other cases on the trial list will have to be postponed. For those persons whose cases are postponed, court is a waste of their time, but that is not the kind of "time wasting" I am referring to.

That morning in Traffic Court as I walked back to my car, relieved it was over and my legs were still dry, I overheard persons complaining bitterly about the number of times they had shown up for court, the police officers had never attended, there was no police statement on file, and the court kept postponing the cases for the police to show up with their statements.

The complaint that caught my attention was that of a decently attired man who said he thought today would be the day they fired him because he had taken so much time from work to attend court and had received several warnings.

When you are a judge, lawyer, or police officer assigned to a court, being in court is our job. We show up, as we are required to. We are not at risk of being fired as long as we are in court doing our work, but the witnesses and defendants (guilty or innocent) have jobs to report to. We all know the judge has the power to order a warrant for the arrest of any person who fails to show up for court. If a defendant dares to choose his jobs over the court, the judge can show him who the real boss is.

It is very easy for judges and prosecutors to take it for granted that the public has to just "suck it up and wait it out" or face being locked up. I have singled out judges and prosecutors because defence counsel and the police are more likely to hear these kinds of concerns from the defendants and the witnesses than judges and prosecutors are. It is not because prosecutors are heartless persecutors who do not care about people, or judges are sadistic and love to inflict punishment any way they can. I realised that day that I was simply too busy reading piles of cases; doing research; preparing indictments; preparing lists for judges, lists for the police, and notices for lawyers; conducting trials and re-reading notes of evidence to give it any real thought. I suspect that is what happens to most judges and prosecutors. We are all in our own heads thinking about the things we need to do to get our jobs done. Had I not been
~~an observer~~ a defendant at court on that day, I doubt I would ever consider what it must be like for the public.

Delays in our courts have far-reaching consequences for both accused persons and witnesses. Wrongly accused persons can end up losing their entire lives if we are not careful.

Approximately two years after sitting in that courtroom, I watched my own relative's life unravel because of a criminal charge, which was subsequently dismissed about four or five years later. After being charged, she could not pay her rent, and she had worn out her welcome at her friend’s home. The only place available for her to live was three parishes away from the court. The court refused to change her reporting conditions to a police station closer to the new address or reduce the number of days for her to report. For almost a year she had to depend on relatives to pay for transportation across three parish boundaries to report to the police station in the parish in which she was charged. She could not get a job for the entire time because of the nature of the charge against her. Imagine moving from being an independent person to depending on handouts to buy basic items such as feminine hygiene products. It scares me to think how many other people have suffered a similar fate and how I may have contributed to their demise.

Lesson 5 - I needed to change

I became a prosecutor because justice and fairness are my things. Before sitting in that Traffic Court, I was satisfied with who I was as a prosecutor. But that day, I realised I needed to change. I needed to do better. Being a good prosecutor is not only about knowing the law. It definitely is not about securing convictions. It is about playing your role in the administration of justice ethically, competently, compassionately, and, most importantly, humanely.

What did I do differently?

1. I stopped taking it for granted that everyone was as comfortable in the courtroom as I was.

2. I made a conscious decision never to participate in the pressure dynamic in court. If the judge was upset, I would pretend not to notice. I just told myself “I am not the one who pissed in his/her cornflakes!" Just the imagery alone made me smile.

3. I tried my best to be more patient and accommodating towards the public. I am not naturally patient when foolishness is taking place, but I tried.

4. I stopped setting mention dates for two weeks away for accused persons who were on bail. Instead, I gave them dates one month away. My main reason for doing this was to reduce the number of court dates these accused persons had in a one-month period.

5. I decided to "motivate" the police to provide the prosecution with all the outstanding reports and statements by the next court date. Every Friday after the Mention Court, I prepared a letter to the Commissioner of Police, which I copied to the Director of Public Prosecutions. The letter had a detailed table of all the cases that were dealt with in court, the names of the absent investigating officers, the list of documents I needed to complete the file, the next court date, and a request for the documents to be submitted on or before the next court date. It seems the then Commissioner was quite persuasive, as more investigating officers showed up for court with the documents needed to complete the files.

We are all at various stages of the legal journey, and our experiences practising law vary. I write not to cast judgment on anyone. I write to encourage my colleagues to occasionally stop and observe their corner of the justice system; identify your role, if any, in its inefficiency or shortcomings; and do what you can to improve your corner. We all have something more than criticisms to contribute to the enhancement of the system.

My Advice to Young Jamaican Lawyers

2017-04-27T11:36:00.004-05:00

I remember being told when I graduated from Law School in the year 2000, there were too many lawyers and too few jobs. Back then there were probably 39 other graduates in my class. Today, I am told there are about 150 students being churned out of Norman Manley Law School alone. Lawyers may be "a dime a dozen" as is often expressed by a certain Permanent Secretary, but "good lawyers are few and far between." There is always a lot of room at the top so aim to be exceptional in your area of practice. If you do what average lawyers do, you will be paid what average lawyers are paid.

Be Humble

I am almost certain every Jamaican has, at some point in their life, heard the expression, "humble calf drink the most milk". It applies to the practice of law as well. Be prepared for a lifetime of humbling moments in and out of court. Before attending Law School I worked in the Family Court for one year. In that year I learned about some of the things that really annoyed the Court staff about young lawyers. The most annoying of which was arrogance in the midst of ignorance.

If you decide to work in the Courts as a prosecutor straight out of Law School believe me when I tell you, Law School does not prepare you for every possible situation that may arise during your practice of Law. You may have received the award for Criminal Practice and Procedure at graduation but when you step into that courtroom, on your own, you will discover a whole new world outside those textbooks. Some things you will just have to learn along the way and the more arrogant and ignorant of your ignorance you are, the more embarrassing the experiences will be.

Lawyers who become Clerks of the Court usually have to rely on the Deputy Clerks for guidance. There are no "how to be a Clerk of the Court" programs or handbooks. Similarly, those who go into private practice will find themselves relying on experienced paralegals. In most courts and law firms, the Deputy Clerks and paralegals, are wise men or women who have learned Court procedures through years of practice and observation. Deputy Clerks can guide you with tips on how to prepare your cases for trial, manage your list of matters in court, how to make endorsements quickly, explain the acronyms court staff use when endorsing files and even help you to ask the appropriate questions in examination-in-chief and cross-examination ... IF YOU ARE HUMBLE AND RESPECTFUL to them. However, you must also be prepared for the rare possibility of being snubbed by the deputy clerks, even if you are naturally humble and respectful as well. Why would they snub you? They don't even know you. Well, unfortunately for new lawyers who are appointed as Clerks of the Court some Deputy Clerks have had the misfortune of working with your predecessors who were simply arrogant and disgusting to work with. In other instances, your presence may have cost them remuneration they received while acting as the Clerk of the Court. Plus, they are more experienced than you are. You may even be as young as their youngest child and here you are, fresh out of Law School and suddenly their superior. See where I am going? You do not have to be a doormat but you also do not have to laud it over everyone who has not gone to Law School that you are a lawyer either. You can learn something new from anybody, even the people you think you are superior to. So be humble and be sensitive to the people you work with.

Re-Read all the Legislation governing the Practice of Law Generally

I am confident that not one of our colleagues who has been disbarred applied to Law School with the intention of being disbarred within 5, 10, 15 or 20 years of practice. Some of our colleagues are disbarred for sheer dishonesty and others for sheer ignorance. Don't allow ignorance to cause your demise. Take the time to read and re-read the relevant legislations governing the practice of law to remind yourself of the legal framework within which you operate.

Download PDF copies of the Statutes and Regulations to your hard drive and read them occasionally. The General Legal Council's website has a list here.

You can also do a Google search for articles regarding professional conduct of advocates.

Never mislead the Court

This bit of advice falls under the topic of reputation but I think it should stand alone. Never ever lie to the court to win a case. Always be forthright and remember that it is your obligation, as an officer of the court, to provide the court with any authority that assists the court, even if it goes against your case. The last thing you want any judge to do is to form the opinion you are dishonest. You do yourself and your clients, current and future, a grave disservice. In the same way lawyers talk about judges, judges talk about lawyers. The bench must be able to trust you to do what is legal and ethical at all times.

Be Courteous and Respectful to the Court and Your Colleagues

If you will be late or absent for any reason, in addition to having counsel hold on your behalf, please take the time to have your office call the judge and counsel for the other side to inform them of your difficulty before court starts. A little courtesy goes a long way ... with some judges.

Clients will come and clients will go. Some will go without paying your fees but you will always have colleagues at the Bar. Do not get into the habit of being obnoxious to your colleagues to gain brownie points with clients. Treat both your client and your colleagues with courtesy and respect. Don't take your cases so personally you disrespect, attack or malign your colleague who is also, only doing his job. Representing opposing sides does not make your colleague your enemy.

Be Fearless

Please remove all self-defeating thoughts that float around in your head telling you you are not capable of winning a trial because the lawyer on the other side is a senior counsel or even Queen's Counsel. I cannot say I have ever felt fearful of another lawyer being brighter than me. That's probably because of the impact of the Desiderata poem on my life. I accept there will always be greater and lesser than me. I believe that once I prepare my case thoroughly and I know the law I am equipped to respond to objections and argue points of law that may arise. You have to accept that you will not win every case and you cannot predict the outcome of any case so do not tell any client they will definitely win. Just be prepared.

When you start feeling afraid of senior counsel or Queen's Counsel or the "ever deh pon tv sounding eloquent counsel" you will ruin the case you prepared. You've got to fake it until you make it. Pretend you are not afraid! Do deep breathing exercises to calm yourself if you must. Do whatever it takes, but relax and handle your trial one question at a time.

In time you will find that many of these counsel you fear haven't been keeping abreast of the law and in those instances, you can "out-argue" them. Do I need to quote Biggie Smalls for you?

Dress Appropriately for Court

Who would have thought I would have to mention this? Yet it appears to be something that is taken for granted by many new counsel, particularly females. Judges have noticed the steady decline in counsel's regard for the Practice Direction which sets out the dress code for counsel appearing in court. It seems, gone are the days when judges would simply tell counsel who is inappropriately dressed, "I can't hear you or see you" and move on with their list. I am almost certain if judges stopped accommodating inappropriately dressed attorneys that issue would quickly resolve itself. You are best advised to obtain a copy of that Practice Direction, read it for yourself.

Do not be a know it all! Learn to take a hint

Many new counsel step into court bursting with confidence that they know the law because they got the subject prize in that area. Kudos to you. Like I said before, "be humble." Learn to take a hint. When a judge or senior counsel refers to you to something, take a hint. The judge or attorney is actually trying to guide you without embarrassing you. So know when to shut up and listen up!

Find a mentor

Lawyers tend to be extremely busy people but successful people are always willing to share the secrets to their success with people who are genuinely interested in becoming successful too. If you are serious about becoming the best attorney you can be, identify an accomplished attorney and ask him or her to be your mentor.

Like I said, lawyers tend to be extremely busy people so, if you are not serious about becoming a better attorney or learning from an attorney you admire, please do not waste the person's time by asking them to be your mentor. If you are also not willing to work at becoming a successful attorney, do not waste a potential mentor's time. Whether you know it or not the person can tell if you are really serious and when they realise you are not serious they will cease wasting their time and effort on you.

Develop and Protect Your Reputation

Some people believe they can piggyback on their parents' or close associates' reputations to be a success in life. While piggybacking on other people's reputations might open a few doors for you, it cannot guarantee you a permanent seat at the table if you have nothing between the ears or you lack integrity.

What do you want your reputation as an attorney to be with your clients, your colleagues and judges? Do you want to be known as the attorney who is always thoroughly prepared, honest and who knows the law? You need to decide what kind of attorney you want to be and work at being exactly that.

Prepare, prepare, prepare

In order to do your best for your client, you must always prepare your cases thoroughly.

One of my most embarrassing courtroom experiences was due to lack of preparation. In retrospect, it was the best thing that could have happened to me in the first three years of practice.

I tend to be a little on the thorough side and was generally a prepared prosecutor. When I went to the Director of Public Prosecutions Department my excellent organisational skills landed me in the Home Circuit Administration Unit within two months of joining the office. I was NOT PLEASED!

One of my responsibilities included attending the Mention Court on Fridays. The first time I was assigned to the Mention Court there were four matters listed. One matter was being indicted by one of my colleagues who was out of town so I went to my senior expressing concern that I would not have the physical file in court. My senior told me, "You don't have to read those files and you don't need to have a copy of the file in court either because the accused persons are in custody and they are not on the list for bail application. If the lawyer shows up just inform the court the matter is not on the bail application list, you do not have the file because it is being indicted and set a date for bail application."

Normally I would have read and summarised the cases so even if a bail application was being made I would be prepared. When I called up the first matter, defence counsel indicated he wished to make a bail application so I rose to my feet and told the then Chief Justice, Lensley Wolfe, "The matter is not listed for bail application today and I do not have that file with me because it is being indicted. May the application be accommodated next Friday?" The Chief Justice was not having it. He said, "Once an accused is in custody a bail application can be made at any time and the crown has a duty to be prepared to respond to it. The man has a constitutional right to his freedom so his attorney has a right to make a bail application on every occasion if he so desires." He was so right. I was soooooo wrong. That was merely his opening statement. He proceeded to lecture me for another 30-40 minutes while someone was sent to the DPP's office to retrieve the files.

I was embarrassed on so many levels and I deserved it! I do not know what was more embarrassing, the fact that he knew my father very well from I was wearing nappies; the fact that he was my Criminal Law tutor at Law School; the fact that the court reporter was recording every single embarrassing word that fell from his lips or the fact that he punctuated all his statements with, "I am so disappointed in you. I expect so much more from you." I really wanted to cry but that's another tip, NEVER, NEVER, NEVER CRY IN COURT." I had to tip my head back to prevent those tears from betraying me as I barely managed to utter, "Yes mi lud" each time he paused for breath. When the cases arrived he allowed me to prepare them and I responded to each bail application that was made.

Later that afternoon I saw Chief Justice Wolfe outside the Supreme Court as I walked to the parking lot with my pile of cases for the following week. As I walked towards him I wished the earth would swallow me or he would at least go inside. He spotted me. He probably heard my silent wish too. He greeted me pleasantly. I replied politely, still ashamed. I decided to apologise. I told him, "I was wrong not to prepare the cases. It will never happen again." He said, "The law is a very jealous mistress, you have to pay attention to her. I don't expect you to ever go to court ill-prepared again."

I can't say I never did but it RARELY ever happened! My fear of developing a reputation for being ill-prepared would not allow it. The second time I showed up in court unprepared was years later. I was assigned to the Western Regional Gun Court appearing before Justice Leighton Pusey. I received a huge pile of cases very late the evening before court to prepare for the following morning. I stayed up all night and prepared all but one file. I had to get ready for court or be late. Being late for court was not an option. I went through my list and when I got to that file in court I asked the court for permission to read the file as I did not get a chance to prepare it. Justice Pusey said he was shocked that he lived to see the day that I had not read one of my files and told me to take all the time I needed. I suspect that if I had a reputation for being unprepared the court would have been less accommodating.

Ensure you know the facts of your case, review the relevant legislation, review the procedure, place copies of any relevant authorities on the file.

For criminal practitioners, I recommend that you always travel with a copy of:

Legislation governing the court you are appearing before.
Legislation under which the accused is charged. (For prosecutors this means several pieces of legislation.)
The Evidence Act and Amendments
The Bail Act
Authorities, authorities, authorities especially if you practice outside of Kingston.

Be Organised

If you are not naturally an organised person you will need to learn this skill to survive the practice of law. You don't need to be a master organiser but you must be able to organise your time, files, diary and thoughts to be effective.

Invest in yourself

No matter where you find employment always remember you are solely responsible for your career path. I don't know of any law firm or company in Jamaica that has a Human Resources Department that charts or plans the professional development of its employees. Don't be satisfied to attend only the compulsory Continuing Legal Professional Development seminars offered by the General Legal Council. Use Google to find workshops and seminars in the area of law that interests you. Buy your own set of law reports. Buy your own practitioners' texts and subscribe to any legal service provider you believe will assist you. Develop your personal professional development plan and follow it.

Live within your means

Forget about trying to keep up with the Joneses. Live within your means. There are many people who have it in their heads that lawyers are rich. That includes recent graduates. Who cares that you have student loan payments to make?

Some lawyers make the mistake of trying to maintain appearances they simply cannot afford. It is very easy to fall into the trap of believing since we are lawyers we "must" live in certain communities, dine in certain restaurants, drive flashy cars, wear designer handbags, clothes and shoes. There is nothing wrong with owning all these symbols of wealth if you can afford them but when you cannot afford them, well let's just say, the temptation to misappropriate clients' funds will grow increasingly irresistible and the weaker your willpower, the stronger the likelihood the General Legal Council will someday be called upon to protect the public from your weakness.

I was once asked if I am really a lawyer and drive "that car"? That car happened to be my clean, reliable, 2000 Honda Accord motor car that I still own and at the time the question was posed, I had no car payments for. So why would I have needed another car?

You have to know yourself to survive the unfounded expectations of people like these. You must know and believe that if you want to be "that lawyer" with all the "status symbols" you can be, in time. Just don't drown yourself in debt, cheat clients and commit criminal acts to get there. There is enough "bling" in the world for everybody and you will have your "bling" when the time is right.

Start a retirement fund the moment you receive your first pay cheque

Depending on your age people will laugh at you but do it anyway. Those same people will laugh at you when you reach retirement age and can barely make ends meet. Save something every month. Even if you think you cannot afford to, save something. It isn't how much you earn it is how much you save from what you earn that truly matters.

These are the best books I have read about saving money:

The Millionaire Next Door

The Richest Man in Babylon

Automatic Millionaire

I hope my tips help my young colleagues at the Bar along their journey. Chief Justice Wolfe told me, "the Law is a jealous mistress" but I have learnt, "The Law is also a faithful mistress. If you curl up with her regularly, she will ensure you reap the rewards of knowledge and respect. With those two in place "bling" is sure to tag along.

I encourage you to aspire to be the best lawyer you can be. Be honest. Be diligent. Be courageous.

First Published here.

Giving up my Legal Career to be my family's CEO

2017-04-03T10:56:00.002-05:00

I can't say deciding to give up my Legal career was the easiest decision I have ever made. In fact, 6 years 3 months later I still experience moments of panic when it hits me, "you really gave up your career to stay home!!" You see, ever since I was thirteen years old I dreamt of becoming a lawyer.

Initially, I wanted to become a lawyer because that is what my best friend, Amelia, said she wanted to be. I didn't even know what a lawyer did when she told me but I couldn't imagine being in the world without Amelia. We had been best friends from we were both nine years old. We were always in the same class and we did everything together so there was no way I was going to do something different. When she explained that Perry Mason and Matlock were lawyers my decision was final! I LOVED watching those television shows!

When I started studying A' Level law, being with Amelia was no longer my motivation, learning law truly fascinated me. Being accepted to Law School in Jamaica was very challenging. I recall one teacher at the Community College I attended saying, “don’t even waste your time applying to Law School because you will never be accepted.” I applied anyway. A few months later when I received my A’ Level results I was told I was not accepted by the University of the West Indies. That was not a deterrent, I promptly reapplied and was accepted the following year.

My journey to becoming a lawyer had its challenges. I had been told not every and anybody can get accepted to the University of the West Indies let alone the Law Faculty. One person even commented that if it was up to her people like me would never be accepted to law school. One Judge was so disgusted by the fact I was accepted to Law School she prepared a letter to the University strongly recommending that my offer be revoked as I would be “a disgrace to the profession”. Those comments merely served as motivation and entertainment for me.

Admittedly, my biggest challenge pales in comparison to other people’s but it was mybiggest challenge. That was being denied a students’ loan to pay my tuition fees in my second year of the program. Both my parents were civil servants for their entire lives and retired as such. My mother was a teacher and my father a police officer. It still hurts me today to have been told, to my face, “we are not catering for teachers and police officers’ children.” Words I will never ever forget. Despite my efforts to explain that my parents will be forced to maintain three separate households as my brother would be attending University in Kingston while I would be in Barbados and my parents lived in Montego Bay, the woman in charge flatly denied my application. My parents and my brother sacrificed to make ends meet and we managed to survive. My mother asked me just to pray that we will all be in good health for the duration of my studies and it will be alright. Thankfully we all were.

It is against this background that I occasionally second guess my decision to sacrifice my legal career for my family. I often feel guilty because of the sacrifice my parents made to put me through Law School. To some my decision may appear to be nothing short of wasting my time and talent. Who does that? I hit the pause button on my career right when I was really enjoying being a lawyer.

Most of my friends are judges, even those who are junior to me. Seventeen years ago, that was my dream. I am proud of every one of them but they sometimes make me question whether I have made the right decision or wonder where I would be in my legal career. When I doubt my decision, I remind myself that God always puts me in the perfect place for me to learn and grow, all I am required to do is “bloom where I am planted”.

Having stepped off the treadmill of the professional life I have come to appreciate the simple things in life and living in the Middle East makes my decision easier as it is customary for Arab women to stay home and take care of their families. Additionally, the expat community I live in is largely comprised of educated stay at home moms. For some of us, our husbands’ schedules are unpredictable and we are the only “constant” figure in our children’s lives for others working outside the home just isn’t a feasible option for diverse reasons. Living in a community in which it is acceptable to give up heels for sneakers to chase after kids eases the guilt some women experience.

Today my legal research, analytical, organizational and creative skills are employed to research child psychology, child development, how we learn, parenting, teaching, photography, home management, minimalism and organization, learning Arabic numbers and letters just so I can reinforce what she is learning at school and I enjoy doing these things. Make no mistake about it, there are moments when being a stay at home mom is far more challenging than the toughest case I have ever handled and I wish I could escape to my less challenging life as a lawyer in a courtroom. The monotony of getting the child ready for school, bed, preparing meals, doing laundry, putting toys away, listening to persistent whining, managing tantrums, calls for mommy to “look at me” and cleaning butts can be really irritating but then there are those priceless moments that make it pleasurable.

I suspect there may be many young professional women out there who are grappling with the idea of becoming a stay at home mother or simply switching career paths. Some of my friends have told me they envy me for being able to stay home and raise my child. It is a difficult decision to make but I assure you that if your spouse is on board and you honestly answer one question it will be easier. What is the worst thing that can happen? It also helps to imagine all the emotions you think you would feel if the worst thing did happen. Would you feel embarrassed? Who would you feel most ashamed to face? What would you do if you had to face that person? What could you do to get over the embarrassment, fear, hurt? Where would you live? What kind of job would you seek? How would you start over?

When I asked myself those questions I concluded, giving up my career to move to Doha was my rock bottom … then came three months of bed rest. That is when I felt I really had hit rock bottom. I decided things could only get better for me from there and as long as I have qualifications there will always be opportunities for me to re-enter the work world when the time is right for me. As long as I have life, good health and my qualifications I am confident I can overcome the worst, and so can you.

Deciding to be a stay at home mom or giving up a career for something “less lucrative or glamourous” is a difficult but potentially worthwhile decision. Life is too short not to spend it doing exactly what you love to do. This is your life, your mistake to make. You should make this decision for you, not the critics in your circle. After all, whatever you decide to do critics will always be there to criticize.

If what I am saying resonates with you in any way it is quite possible a break from the drudgery of the 9 to 5 is exactly what you need to recalibrate. What really is the worst thing that can happen??

This post was first published on LinkedIn.

Why Waste Time Educating Your Child About Sex?

2008-02-29T06:51:00.001-05:00

Have you discussed sex with your children as yet?
If your child was raped do you know what to do?

Many of you may agree with the view that a child should not be told anything at all about sex. Sex is a topic for adults ONLY. Some of you may want to approach the topic with your child but don’t know how to. Unfortunately, given the increase in sexual offences committed against children in Jamaica, if you don’t embark on the discussion early and seek to educate your child someone else will ill-advise them! Which do you prefer?

From the prosecutor's stand point the earlier you do the better it is for us. Why? Prosecutors often have to represent victims who are as young as two years old. The youngest child I have personally had to represent was only 4 years old. My eldest victim of sexual assault was 75 years old.

To the relief of most parents, most if not all, Primary Schools have a guidance Counsellor on staff. Therefore it is believed the responsibility sex education rests with the person on the Guidance Counsellor.

Unless you have chosen to be an ostrich with your head stuck in the sand … oblivious to the fact that sex is everywhere your child turns then you must be blind. Have you ever listened to the lyrics in the songs of most of our popular artistes. Many times when we hear the little ones singing these songs or we watch them dancing we laugh because it is so cute or entertaining for us that they know the lyrics of all these songs or that they can do the "dutty whine" and all the latest dance moves that are just short of sexual intercourse on the dance floor. What we fail to appreciate is the moral impact of music and television programs on our children and the fact that if you do not teach your children about sex someone else will.

Who do you want teaching your children about sex? Elephant Man who says, “You over there, that mmm fi share.” Or Vybz Kartel who says, “That a fi de whatnot.” Maybe you would prefer, Buju who “haffi get it even by gunpoint.” Let’s go to the actors since so many parents leave the television to raise the child today. Do you want those two homosexuals in “Will & Grace” teaching your children about sex … or Anna Nicole and those other persons who gained celebrity status by virtue of their sexuality?
I don’t think so.

Children live what they learn and children learn what they live. If you expose your children to pornography or sexually explicit information sooner or later they will act out what they have learnt with their peers … at school. Only recently there was a report in the STAR of a 9 year old girl being sexually assaulted at school by a number of 9 year old boys. Do you want your child to be either victim or instigator of these kinds of activities? Then you need to start educating your child about sex. When I say this I do not mean that you need to get into the gory details in an explicit nature. Why?

Whether you wish to accept it or not our children are being exposed to sex when they leave your company. Many little boys and girls are being sexually molested. Many parents who have only sons tend to believe only the girls get raped. Well I have news for you … one 12 year old boy was abducted from school on several occasions by boys who took turns raping him on each occasion (so many times he can’t recall them all). He told no-one and the incidents of rape continued. How did we find out about it? He started raping his six year old brother!

7 year old boy enticed from school with sweets to a go-go club near to the school by a pervert with AIDS. This pervert performs oral sex on the child and buggers him. Man starts dropping him home mother only asked, “Why didn’t you come with the taxi I pay to pick you up?” His response, my friend took my home. End of conversation. Weeks later the mother finds out!

Some children are being molested at home by their siblings, aunts, uncles, grandparents, mothers, fathers, friends of the family, helpers. In fact, a number of grown Jamaican men can attest to the fact that there first sexual encounter was between themselves and their helpers.

Ten year old girl passes GSAT for High School. The taxi man who took her to school everyday while she was at Primary School rapes her according to him, “along time him have her a grow inna him hand and nobody nah go get it before him.” So he rapes her and threatens to kill her if she tells anyone. She obeys. Next morning he rapes her again while bragging to her that he can rape her whenever he pleases because she won’t talk! That’s when she wrote her mother a note.

Many children suffer in silence. We have heard it all too often, stepfather molesting stepdaughter. Child tells mother. Mother accuses child of lying. The abuse continues. The once bubbly child becomes withdrawn and depressed – burdened by the shame. The “A” student can now barely scrape a “C.” Suddenly the child wants to dress “sexy.” The child may even revert to bed wetting; having frequent nightmares … The child may refuse to visit with the perpetrator – whose home, once upon a time, you could not get the child to leave.

Usually girls who are molested at an early age become promiscuous teenagers – and we just label them as being bad girls – not knowing that most times these are the tell-tale signs of sexual molestation. Studies have even shown that the majority of prostitutes were victims of sexual molestation as children. The theory is that these women view their sex life as something over which they have no control.

Whereas the boys, more often than not, become homosexuals who prey upon their victims with a vengeance. According to the 15 year old referred to above, he did it to his brother so he could rid himself of the pain – he thought he could pass it unto his brother. Onee theory which seeks to explain why boys who are molested by men become homosexuals is that they start believing they are homosexuals like their molesters “because they had a homosexual encounter”. Many victims of repeated sexual abuse often start enjoying the activity to which they initially acquiesced out of fear. The shame they live with … knowing they at some point enjoyed the act is devastating to the child who receives no counseling.

These children grow up lacking a sense of value. They see themselves as objects to be used and abused. Before you know it these children are at school encouraging their peers to do what the adults at home are doing to them.

Many times parents are unaware that their children are being exposed to sexual activities or sexually explicit television programs. Often times it is an older sibling, or an uncle, aunt or family friend who may be viewing pornography in the presence of the child or who invites the child to view pornographic material. In some communities little boys as young as 9 years old are invited to join older boys in the gang rape of women and girls who have been abducted. So for those 9 year olds, the gang rape of a woman becomes the norm and subjecting a woman to forced sex means nothing to them. They then go to school and act out on their peers.

Do not expect a child who is being molested to tell you about the assault immediately. Most children are molested by persons they know and trust such as family friends, relatives, teachers, neighbours or the taxi driver who picks them up daily. Most children are molested by persons who know their family well. The perpetrator usually threatens to kill the child’s parents or siblings if the child tells anyone. Sometimes even when the child is not threatened you will not hear a word from the child because the child feels guilty and ashamed. The child may even think you will beat them if you knew and sadly, in our society beating a child who reports being raped is instinctive to too many parents! That child will not tell you unless you see signs of abuse and start questioning them.

Children are loving and forgiving creatures. If you hurt them and make them cry this minute … the next minute you are the best thing since cartoon network to them. As parents you need to be on the look out for the signs that something maybe wrong and be accessible. Do not be embarassed to examine your child's genital area occasionally as sometimes that is the only way sexual molestation is discovered.

One problem I encountered in the prosecution of sexual assault cases is the delay between the incident and the report especially where the parent is informed immediately after the act. The truth is, the longer the delay the more difficult it is for prosecutors to prove their case! Two of the reasons for delay I have identified are ignorance on the part of parents or guardians and the failure of the accused man’s family to pay the sum demanded in exchange for the complainant’s silence.

Jamaican parents, wake up! There is no monetary value that can compensate for the emotional pain and suffering of your child! Your willingness to accept bribes is a demonstration of your support for the rape of other children.

Educate your children about sex. The responsibility is yours not a guidance counsellor. Inform them that it is unacceptable for anyone to touch their vagina, penis, buttocks and breasts. No-one is to caress or them in a manner that makes them feel uncomfortable.

What to Expect if you are Raped in Jamaica

2008-01-30T22:43:00.000-05:00

REPORTING STAGE

Go directly to the nearest police station and make an honest report there.

Give the police a brief report of the incident - state whether or not you knew the assailant - provide a detailed description of the assailant - state the location of the attack - whether or not the assailant was armed - if yes, what with.

In the perfect world, the police should delay recording the victim's statement at the time of the report. Please insist on being taken to the doctor first. The report can be taken as soon as you are emotionally able to do so.

The police must escort you to the hospital.

Pursuant to JCJ Force Orders: No police officer must instruct you to return the following day!

MEDICAL EXAMINATION STAGE

A vaginal examination will be conducted.

Vaginal swabs and smears will be taken from the victim. This is not a painful procedure.

If anal sex was involved please inform the doctor. The doctor will take a swab also.

IF you were struck by your assailant please inform the doctor where you received the blow.

Ensure the doctor records all injuries you received during the incident.

If you used your fingernails to scratch the assailant, fingernail clippings are to be taken from you for DNA analysis.

Please ensure that the Doctor takes an oral swab or blood sample for DNA analysis. This helps to eliminate future delays in prosecutions in the event a mixed DNA result is found in samples taken from the vagina or anus as the case maybe. The oral swab is will usually have the victim's DNA only (in rare cases where the assailant ejaculates in the victim's mouth during forced oral sex it is possible to find a mixture). By providing your DNA from the outset you will not be required to attend upon the Forensic Lab at a later stage and the Lab will be able to process all the DNA samples and prepare the certificates more efficiently.

GIVING YOUR STATEMENT

PLEASE DO NOT LIE

Try to recall the events in sequential order as you repeat them to the police.

The police officer must write down your account of the incident verbatim ...

Give the police a detailed description of the assailant.

State whether you knew the assailant before and for how long.

State how you were able to see his face and the length of time you observed his face for. If there were multiple assailants try to give a detailed description of each and the length of time you observed each assailant for.

If a gun was used please describe the gun - colour, make, shape etc.

The police can and ought to ask questions to clarify your account but should never dictate to you what to say.

Having written your statement, the police officer must read it back to you.

If there are any errors or if the statement has been recorded out of sequence or you recall something else please feel free to invite the officer to correct it. Be prepared to expect poor grammar - correct it. The statement must clearly reflect the words of the victim not the police!

You must sign all pages of the statement and the certificates. Initial all corrections.

Feel free to request a copy. You are entitled to it but please bear in mind that most police stations may not have photocopy facilites - you may renew your request at court.

IDENTIFICATION PARADE

Where the assailant is unknown to the victim or the victim knew the assailant by an alias an identification parade will be held to confirm the identity of the assailant.

The arresting officer will contact you to advise you of the date of the identification parade.

The police officer MUST NOT ASSIST you in identifying the accused, if he tries to please politely inform him that it is highly irregular.

When you enter the identification parade room, most of which are equipped with one way mirrors you will see the prisoners standing against a wall with bold numbers above their heads. An attorney will be on the same side of the the mirror as you are and a Sgt will be in an enclosed area.

You will be asked by the Sergeant "why are you here?" - simply state the reason for your presence e.g. "To identify the person who ..."

Please limit your comments while in the room everything you say and do is noted by the Sgt and counsel.

The Sgt will instruct you to walk along the line and if you see your assailant indicate the number underwhich he is standing loudly.

As you walk along the line - look at the men and try to remember your assailant.

If you see your assailant on the parade at number three don't do anything to give the impression you doubt your accuracy instead call his number promptly.

You may ask the persons on parade to speak, walk or anything peculiar your assailant did. If you recall his voice please ask the men to repeat the words he spoke at the time of the incident.

If you positively identify your assailant a further statement will be rcorded from you.

COURT PROCEEDINGS

The matter will be mentioned in the Resident Magistrate's Court for the parish in which the offence is committed.

Ask the police for the first court date and be sure to attend on that date.

The names of rape victims are not shouted out in the precincts of the court so find the investigating officer in your case or the Clerk of the Court. If you wish to speak to the Clerk of the Court you must do so before 10am.
You will thereafter you will not be required to attend court until the file is completed and the matter is scheduled for a preliminary examination or if the Resident Magistrate orders otherwise.

PRELIMINARY EXAMINATION

Unless the Director of Public Prosecution enters a Nolle Prosequi for the matter to commence de novo in the Circuit Court, a Preliminary Examination will be held.
This is merely an enquiry to determine whether or not there is a case to send to the Circuit Court for trial.
The Resident Magistrate will listen to and record the evidence of the complainant and all the prosecution's witnesses.
Everything you say will be taken down in writing so please speak slowly, audibly and clearly.
You will be asked questions by the Clerk of the Court and then the accused man's attorney will cross examine you.
In giving your evidence listen carefully to the questions asked and answer the question asked!!
Avoid arguing with the accused man's attorney ... he or she is just doing their job and being argumentative DOES NOT assist your case.
The Resident Magistrate will read back your evidence to you. If there are any errors please inform the Magistrate.
Once the notes of evidence are recorded to your satisfaction you will be required to sign each page.
This is not the end of the case. If the Resident Magistrate finds there is a case to be answered the matter will be committed tot he Circuit Court for trial.

CIRCUIT COURT

Maintain contact with the police officer in your matter.
If you have reason to believe the police officer is "unreliable" and you have not be informed when to attend Circuit Court please contact either the Clerk of the Court or the Director of Public Prosecutions Department (922-6321-5). In order to be assisted you must have the name of the accused. The Clerk's office will probably need the last court date.
Attend court on the first day of Circuit Court.
You will be given your next court date and informed whether or not your attendance is required.
Remember is ANY judge tells you to return to court, you MUST otherwise a warrant will be ordered for your arrest.
On the day of trial the jury will be empanelled. You are allowed to tell the prosecutor whether there are any persons on the panel you think may return a perverse verdict.
You will again be required to give evidence.
While in the precincts of the court please refrain from discussing the case with strangers or at such a volume that potential jurors may hear.

The Hierarchy of Jamaican Courts

2008-01-29T23:08:00.001-05:00

Taken from the Ministry of Justice's website: http://www.moj.gov.jm/node/view/22

Attending Court in Jamaica

2008-01-21T18:02:00.000-05:00

Dress appropriately! No shorts, t-shirts, no sleeveless, avoid wearing t-shirts bearing obscene graphics, no flip flops, no caps. Rastafarians and other religious groups that cover their heads as a part of their religious rites are allowed to wear their head dress. Unless you are wearing a bush jacket men are required to tuck their shirts into their waistbands. No setters. No breasts and brassieres exposed. No boxer shorts exposed.

Depending on the judge men with pierced ears might be required to remove them before addressing the court.

Answer the judge respectfully. Despite the popular belief of many a Jamaican, referring to females you have no relation with by terms of endearment such as "baby, mummy, auntie, sweetheart, darling, honey" is impolite. Never ever refer to a female judge or Clerk of the Court as such. In like manner you do not refer to a male judge as "breddrin, father, my youth." "Yu see me?" is also inappropriate.

The Clerk is to be addressed as "Madam Clerk" or "Miss So and So".

The judge is referred to as your Honour if the judge is a Judge of the Parish Court and My Lord or My Lady if the judge is a Judge of the Supreme Court.

There is to be no chewing of gum or eating in court.

Turn your cellphone off before entering the court room.

Do not speak out of turn. Allow the person who is speaking to complete their statements before interjecting.

NEVER ever interrupt a judge when he or she is speaking.

Sucking ones teeth publicly is still considered bad manners.

Rape, The Reality of too many Jamaican Women

2008-01-21T16:02:00.000-05:00

Unfortunately, rape is a reality for too many women and young girls in this country. Oftentimes the atrocity goes unreported, and understandably so. The Jamaican rape victim is more often than not raped repeatedly by those uninformed persons with whom the victim is required to interact, having made a report.

POLICE
Starting with the police. It is said that rape is often committed between 9 pm and 5 am. Yet the Centre for the Investigation of Sexual Offences and Child Abuse is closed during those hours. The result is that victims are made to rely on the police officer in the guardroom ... their first point of contact with the system.

I recall one mother from a ghetto community testifying that she took her eleven-year-old daughter who had been raped directly to the hospital. She was told by the hospital staff she has to report the matter to the police station with jurisdiction over her community. She got the police station at 9 pm and the police offer said, "Come back tomorrow cause station lock!" It is noteworthy that there exists a Force Order which prohibits this conduct.

Most police officers fail to realise that a rape victim's body is a crime scene and should be treated with the same sense of urgency as they would a murder scene.

Whether you regard it as being absent minded, uninformed or simply insensitive, I found it appalling that police officers would have a rape victim sit down to record a lengthy statement before having her medically examined after collecting a description of her assailant and the location where the incident occurred.

DOCTORS AND NURSES
Victims have related their experiences with doctors and nurses whose insensitivity left them feeling further violated. Reports of police officers having to chase down some doctors to examine victims abound. Why is this so? Those doctors do not want to attend court.

In addition, Jamaica has only one doctor who is qualified to examine rape victims she is Dr Rhonda Hutson at the University Hospital of the West Indies. Thankfully, Dr Rhonda Hutson is so passionate about this she has taken it upon herself to impart her knowledge to the doctors at the University Hospital of the West Indies. I hope that in time the police officers in the Kingston Area will rely on the expertise of Dr Hutson as opposed to that doctor who repeatedly endorses medical certificates "rape not verified" as if to say that is the function of a doctor. For the non-lawyers, only a jury can determine whether rape has been committed. A doctor can only testify as to whether or not there is evidence of penetration and, depending on a multiplicity of factors, there may be none.

VICTIM SUPPORT UNIT
The Victim Support Unit in Jamaica is a wonderful idea in theory but ineffective in practice due to lack of resources and inadequate staffing. In certain parishes, the unit seems to be comfortable with their "one counselling session policy." I recall having to enter a nolle prosequi in a matter because three years after the incident the victim, who was allegedly raped by an in law, was so traumatised she just sat on the floor in the witness box crying. When I questioned her mother she said since the incident, the once brilliant teenager had reverted to sucking her finger and stroking her dog instead of communicating with her relatives. She received one counselling session in totality.

WHO ARE THE VICTIMS
Whilst engaged in prosecuting cases in thirteen of the fourteen parishes of Jamaica I have interacted with victims as young as four years old and as old as seventy-five years old. Females at the younger and older end of the spectrum are few. Many teenaged girls are being raped and most of the victims are the shy, introverted girls who are not assertive.

What is the attitude of the some Jamaicans?
"It's just a lickle sex"
"After nobody nuh dead"
"Lickle sex never kill nobody"
"Serve her right she too bad"
"A so school girl love taxi man. A that them must get"

We have heard them all. Rape is never to be viewed as appropriate punishment for improper or indecent attire, bad behaviour, display of rebellion or disrespect by a woman or young girl. The Jamaican male must be socialised to respect women. He must be made to understand that "no" at all times means "no". Parents, and in particular mothers, of male offspring have their role to play in instilling respect for women in their sons.

IMPACT OF JURORS ON RAPE CASES
It used to amaze me as I prosecuted rape cases in rural parishes how jurors were quick to find a man accused of rape not guilty in the face of overwhelming evidence of guilt. At the end of these trials, we always got the feedback as to why? Despite the directions of the judges, many decisions by jurors were borne out of a desire to "give the boy a chance" ... and those who have daughters forget how that girl begged for a chance.

An even bigger irony was the social class from which victim, accused and juror came. I have never had an uptown rape victim in all my years in the criminal courts. That does not mean they do not exist. I strongly believe incidents of rape involving women from the upper class are not being reported. Outside of the Corporate Area, it is rear to find educated persons sitting on a jury panel. Outside the corporate area rest assured that if there happens to be an educated juror on the jury panel chances are he or she will not be allowed to try any case for the entire circuit.

So we have mainly uneducated, lower class jurors trying rape cases involving persons from their own strata and these jurors are not intelligent enough to realise that when the evidence satisfies them so that they feel sure of the guilt of the accused by giving him that chance they are releasing a rapist unto their own daughters or themselves!
In one of my trials which ended with an acquittal, the accused confessed to me as he was being escorted out of court by the police. The facts were overwhelming. The accused was known to the complainant. He abducted and brutally raped her and the jury released a guilty man.
An anomaly in our jurisprudence is the fact that a man accused of committing rape by using a firearm or imitation firearm is tried in the Gun Court before a judge alone. While in circumstances where no firearm or imitation is used the trial is conducted by a jury which almost invariably returns not guilty verdicts.
No-one is asking a jury to find a man guilty of rape just because it is a brutal act of violence that scars a woman for life! All that is being asked is that jurors return a true verdict according to the evidence! THAT, MY FELLOW JAMAICANS, IS JUSTICE!!

For Doctors: Testifying in Court & Preparing Medical Reports for the Court

2008-01-20T08:45:00.000-05:00

It has become apparent to prosecutors that most doctors in Jamaica are, like the average Jamaican citizen, are either fearful of testifying in the criminal courts or reluctant to attend court.

While some of your colleagues simply tell us, “I have more important things to do!” Which you may agree is unfortunate. The truth is participation in the justice system affects all our lives. No-one living in Jamaica is immune from crime. A doctor can be robbed, raped, killed or injured in a motor vehicle accident; shot, chopped and all these experiences involve the court.

I hope to alleviate the fears some of you may entertain and assure you that as prosecutors we are aware of the importance of the service you offer to the nation and we do respect your time. I will go through our expectations of you from the examination of the victim to testifying in court.

TESTIFYING IN COURT
WHAT DO WE DO TO ACCOMMODATE YOU?Admittedly, doctors are the only witnesses every court across the island gives priority. You may have the odd judge who refuses the prosecutor’s request to interpose the doctor immediately upon his or her arrival but that is the exception to the rule. Generally, doctors are the only witnesses we readily take out of sequence.

I assure that our judges and prosecutors recognize the importance of your profession. After all I would not like to be a patient who dies because my doctor had to go to court and wait all day to testify! The prosecutors and judges have an understanding and we do our best to eliminate or reduce the time doctors spend waiting to testify. We cannot guarantee that once you start testifying that you will be out of court quickly as that all depends on the nature of the case, the number of defendants and of course defence counsel!

Factors that might cause delay in the courts
There are also other factors that may result in delay on your arrival and in times of delay I ask that you bear with us. Examples of this are:

The absence of the accused on your arrival.
Absence or tardiness of a juror or jurors.
Defence counsel is late – the judge will sometimes start your evidence without counsel but we still have to wait for counsel to conduct the cross examination
Court may have started late and you arrived during the empanelling of the jury or the opening address.
The judge’s summation in another case may have taken longer than anticipated
The prosecutor was not informed of your arrival

You might deem it a waste of your time if upon your arrival the accused man decides to plead guilty – defence counsel uses this as a strategy at times to see whether or not important will really attend then on their arrival the accused pleads guilty.

WHEN YOU ARE CALLED TO ATTEND COURT:

We usually extend the courtesy of calling doctors to advise them of the court date instead of issuing summonses compelling your attendance – please co-operate with the police officers who call – their role is to contact the witnesses, secure their attendance and in your case – help to minimize wasting your time.
Please ask the officer who contacts you for the name of the Prosecutor and which Court – please give the officer your contact number (preferably a cell number) so we can call to inform you whether or not you are still needed. You can also request the prosecutor’s cell number – most prosecutor's don’t mind.
There will be the odd occasion when we are compelled to call you at short notice please bear with us as the court room is "the land of uncertainties."
We will call to advise you whether or not we still need you to attend if the trial starts
If you are overseas and we need you to return to testify the government will pay your airfare, ground transportation, hotel accommodation and meals for you. It is recommended that you leave a forwarding address as your evidence maybe crucial to the incarceration of the guilty or the liberation of the innocent.
If you need transportation arrangements to be made for you – please advise the officer as well.
If you encounter any difficulty – please contact the court or the DPP’s office as early as possible – the information can be communicated to the court.
If you have been served with a summons to attend court and you fail to do so a warrant will be ordered for your arrest in order to secure your attendance – this is a last resort. However, the Crown usually requests subpoenas and warrants in circumstances where the doctor is being uncooperative. Occasionally the judge may decide to issue the warrant instead of staying execution. This is usually done in circumstances where no explanation for the doctor's absence forthcoming.
Execution of the warrant on the doctor means you will either be remanded in custody or offered bail to return. You might be require to obtain suitable sureties like any other prisoner. IF your bail is extended and you fail to attend court, like any other prisoner your sureties will be required to pay the bond and a bench warrant will be issued for your arest. Once you testify the court will release you.

WHAT TO DO ON YOUR ARRIVAL AT COURT

Please inform the police officer at the door that you are a doctor and ask him to inform the prosecutor of your presence.
You will be invited into court – usually doctors are allowed to sit in the front of the court room – you will be directed – in courtrooms outside the Corporate Area you may be allowed to sit in counsel’s bench. To avoid embarassment allow the prosecutor or judge to advise you where to sit.

WHAT TO EXPECT WHEN TESTIFYING

Please carry your notes – the original handwritten notes as well as the typed copy (if there is one) - even if you don’t end up using them or believe you have excellent memory.
Please do not enter the witness box and proceed to open your file and read.
You will be asked:
your name is …
You are a registered medical practitioner in the island of Jamaica
You are attached to the UHWI
On … (dated) did you examine … (patient)
At the time of your examination you made notes
Do you have those notes with you … yes
Are you able to testify without the assistance of your notes (ALWAYS accept an invitation to refer to your notes. No-one will think you are a dunce who can't swot a report.
At this point you must ask the permission of the court to refer to your notes … the court usually will allow you to
If you forget to ask (depending on the Judge & Defence Counsel) Prosecuting Counsel might be allowed to ask you – did you seek the permission of the court to refer to your notes?

NEVER EVER EVER refuse an offer to refer to your notes! No matter how well you think you know the file
We do not expect you to memorise the report and we would much prefer if you read the information from the docket – a few doctors have destroyed strong cases by relying on their memory instead of referring to the report.
Try to appreciate your purpose as a witness – you are regarded as an expert witness – your role is to explain the medical aspects of the case to the jury – you are not there to take sides with either the prosecution or defence – but to state your observations and to give your unbiased professional opinion.
Be prepared to defend the findings you recorded
Be confident in your responses. The cross examiner is almost always NOT a medical doctor, but more often than not is a lawyer trying to be clever!
Suggestions by cross examining counsel are just that, SUGGESTIONS not statements of fact. Suggestions require fulsome responses so please give them.
Remember the difference between possibilities and probabilities! Anything is possible and cross examining counsel will disguise fanciful possibilities as high probabilities in their suggestions.
Where your conclusion differs from that of another medical practitioner, be prepared to support or defend your conclusion with fact or theories from your expertise
If you realize at any stage during or prior to your testimony that you have made an error whether by act or omission please be prepared to say so and explain, if possible, how it was possible for such an error to have been made but please do not stand mute.
You can expect to be questioned concerning your credentials, to the extent not covered by your patient's attorney. This is to raise doubts about your expertise by pointing out areas that are NOT your specialty

Ø A doctor on testifying in court shall not decide legal questions by making up his mind that certain questions are improper and either refusing to answer or treating the question as if it were unimportant or insignificant, and therefore answering only in part.

Ø If a doctor feels that a question is improper and there is no objection from counsel putting him on the witness stand, he may ask the Court whether he is bound to answer such question.

Ø You will always be asked in examination in chief, “In your opinion doctor could the injuries you observed have been caused by a sharp instrument such as a … weapon used

Ø In wounding matters you might be asked whether or not the injury was a defence wound, degree of force used, position of the attacker, position of victim etc.

Ø We recommend that in sexual assault cases doctors weigh the consequences of their evidence so as not to lead the discussion to the character of the victim.

Ø You should listen carefully to the questions being asked and answer them.

Ø If you don’t understand the question please say so or ask counsel to repeat. Sometimes attorneys may be mistaken as to what exactly they mean to ask if you realize that that is what is happening you can coin your answer in a manner that explains or simply ask the attorney to clarify the question.
Bear in mind that the jurors are usually lay men some of whom cannot read and some of us attorneys do not understand so explain all medical terms. Point out all areas to which you are referring as you testify
Speak slowly and clearly because despite recent technological advances Judges are made to write the evidence word for word.
Spell medical jargons for the benefit of all.

Conclusion
None of us are immune to crime. We all want justice. We all must play our part.

Presented to Medical Doctors at the University Hospital of the West Indies by Tanya Burke in 2007 at the invitation of Dr. Rhonda Hutson.

Bail Act 2000 - Granting Bail

2008-01-20T08:23:00.000-05:00

WHO CAN GRANT BAIL
SECTION 3(1) of the Act lists the persons who are capable of granting bail and these persons are:

A Court i.e. Judge or Resident Magistrate
A Justice of the Peace
Police Officer

SECTION 3(2) of the Act stipulates that no person shall be held in custody for longer than twenty-four hours without the question of bail being considered. It is clear from this section that although bail may be considered there is no guarantee bail will be granted. The Judge, Justice of the Peace or Police Officer has a discretion to grant or refuse bail.
BAIL SHOULD BE GRANTED WHERE:1. Defendant is not charged with an offence punishable by imprisonment.
2. Note that there are exceptions – eg. Defendant is a juvenile or safety of the defendant is threatened

WHEN MAY BAIL BE DENIED?It is important to note the language of section 4(1) as it says bail “may be” not “shall be” denied. The authorities have a discretion to exercise. And this is understandable because circumstances in cases vary.
1. Offence charged is punishable with imprisonment.
2. It is believed the defendant will fail to surrender.
3. Defendant might commit an offence while on bail.
4. Defendant might interfere with witnesses.
5. Defendant might obstruct the course of justice in relation to himself or someone else.
6. Defendant is serving a sentence.
7. Defendant is in custody pursuant to the Defence Act.
8. Court is not privy to sufficient information to make a decision as to bail.
9. Defendant has absconded before.
10. Defendant is charged with an offence committed while released on bail.
11. Case is adjourned for inquiries or a report is to be made which would be impracticable to complete without Defendant being kept in custody.
12. Court is satisfied defendant should be kept in custody for his own protection
13. Where defendant is a child or young person, for his welfare

FACTORS FOR CONSIDERATION WHEN GRANTING OR REFUSING BAIL
In deciding whether or not to grant or refuse bail the Justice of the Peace, police officer or court shall take into consideration:
1. Nature and seriousness of the offence
2. Defendant’s character
3. Defendant’s antecedents
4. Defendant’s association
5. Defendant’s community ties
6. Defendant has previously been offered bail and fulfilled his obligation
7. Strength of the evidence that the defendant has committed an offence while on bail
8. Strength of the evidence that the Defendant has failed to surrender to custody
9. Whether defendant has been convicted on three previous occasions for offences punishable with imprisonment
10. Any other factors including the defendant’s health

FACTORS TO CONSIDER REGARDING THE SUITABILITY OF SURETIES – Section 17(1)
1. Profession
2. Occupation
3. Trade
4. Business
5. Character
6. Previous Convictions if any
7. Relationship to Accused
8. Place of residence (proximity) in relation to the Accused
REFUSAL OF SURETYA Surety shall not be refused unless:
1. Surety is exempt
2. Surety is otherwise unsuitable

WHO CAN RECOMMEND SURETY – Section 17(3)
1. Justices of the Peace
2. Member of the Jamaica Constabulary Force (Sergeant and up)
3. Minister of Religion
4. Principal of an educational institution (except pre-primary school)

EXEMPTED PERSONS - Regulation 7
1. Resident Magistrates, Judges, Justices of the Peace, Police Officer – who has considered any issue relating to bail in respect of the accused.
2. Attorney-at-Law – on the record for the accused in relation to the offence charged.
3. A co-accused
4. One charged with aiding and abetting the said accused in respect of the offence charged.
5. A person who has a criminal charge pending against him before any court.
6. A person who is NOT a Jamaican resident.
7. Person who is immune from legal process in Jamaica.