Abstract
A robust model for the regulation of the legal profession is a necessary condition for upholding the rule of law and maintaining public confidence in the legal and justice systems in any state. And in the South Pacific, a large geographical region peppered with numerous small states, the need for an effective and robust regulatory model for processing and investigating complaints and disciplining legal practitioners cannot be overstated.
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Notes
- 1.
South Pacific Lawyers Association (2011a), p. 12.
- 2.
Ibid, p. 13. See also Ibid, p. 2; South Pacific Lawyers Association (2011c), p. 5.
- 3.
- 4.
See South Pacific Lawyers Association (2011a), pp. 14–16.
- 5.
South Pacific Lawyers Association (2011b), pp. 8–10.
- 6.
South Pacific Lawyers Association (2011a), p. 13.
- 7.
More information available at http://www.usp.ac.fj/. Accessed 10 July 2016. See also, http://www.usp.ac.fj/fileadmin/scripts/HandbookAndCalendar/HandbookAndCalendar_2016_en.pdf for their 2016 Handbook and Calendar. Accessed 10 July 2016, p. 22.
- 8.
South Pacific Lawyers Association (2011d), p. 6.
- 9.
Palmer, in South Pacific Lawyers Association (2013), p. 3.
- 10.
Ray, in ibid.
- 11.
- 12.
See South Pacific Lawyers Association (2011b), p. 6.
- 13.
Cartledge, in South Pacific Lawyers Association (2011d), p. 9.
- 14.
See South Pacific Lawyers Association (2011b), pp. 6–7.
- 15.
Cartledge, in South Pacific Lawyers Association (2011d), p. 6.
- 16.
See South Pacific Lawyers Association (2011b), p. 7.
- 17.
Ibid, p. 8.
- 18.
See South Pacific Lawyers Association (2011a), p. 10.
- 19.
See South Pacific Lawyers Association (2011b), p. 7.
- 20.
Chou-Lee, in South Pacific Lawyers Association (2013), p. 7.
- 21.
Chou-Lee, in ibid., p. 13.
- 22.
Chou-Lee, in South Pacific Lawyers Association (2013), p. 13.
- 23.
Chou-Lee, in ibid., p. 14.
- 24.
South Pacific Lawyers Association (2011e), pp. 6 & 6–20.
- 25.
Ibid.
- 26.
Ibid, p. 18.
- 27.
Ibid, p. 19.
- 28.
Chou-Lee, in South Pacific Lawyers Association (2013), pp. 13–14.
- 29.
Chou-Lee, in ibid., p. 14.
- 30.
See South Pacific Lawyers Association (2011e), p. 14.
- 31.
Ibid.
- 32.
- 33.
See South Pacific Lawyers Association (2011e), pp. 25–26.
- 34.
Ibid.
- 35.
Regina v Ashley [2011] SBHC 169. Available at http://www.paclii.org/sb/cases/SBHC/2011/169.html. Accessed 10 July 2016.
- 36.
See South Pacific Lawyers Association (2011e), p. 27.
- 37.
Ibid.
- 38.
[2013] WSSC 1. Available at http://www.paclii.org/ws/cases/WSSC/2013/11.html. Accessed 10 July 2016.
- 39.
Ibid, paras 6, 11–12. See also Keresoma (2013).
- 40.
Chou-Lee, in South Pacific Lawyers Association (2013), p. 13.
- 41.
Available at http://www.paclii.org/fj/promu/promu_dec/lpd2009220. Accessed 10 July 2016. See, in particular, s 184(1) which repeals the Legal Practitioners Act 1997 and s 84. See also http://www.southpacificlawyers.org/member/republic-fiji-islands. Accessed 10 July 2016.
- 42.
Chief Registrar v Adish Kumar Narayan No. 9 of 2013 [Ruling] (25 Sept 2013), p. 5, para 27.
- 43.
See Legal Practitioners Decree 2009. See also Law Council of Australia (2013), p. 18.
- 44.
NSW Law Reform Commission (1993), pp. 71–129. For more detail, see NSW Law Reform Commission. Available at http://www.lawreform.justice.nsw.gov.au. Accessed 10 July 2016; Office of the Legal Services Commissioner. Available at http://www.olsc.nsw.gov.au. Accessed 10 July 2016. See also Administrative Decisions Tribunal Act 1997. Available at http://www.legislation.nsw.gov.au/maintop/view/inforce/act+76+1997+cd+0+N. Accessed 10 July 2016; Law Council of Australia (2013).
- 45.
Legal Practitioners Decree 2009, s 99. See also Law Council of Australia (2013).
- 46.
Legal Practitioners Decree 2009, s 102. See also Law Council of Australia (2013).
- 47.
Ibid, s 122(2). See also Law Council of Australia (2013).
- 48.
Chief Registrar v Abhay Singh Independent Legal Services Commission No 1 of 2009 [Judgment] (25 Jan 2010). See also Abhay Kumar Singh v Chief Registrar of the High Court No 3 of 2010 Court of Appeal of Fiji [Judgment] (22 Sept 2010); Abhay Kumar Singh v Chief Registrar of the High Court of Fiji No 7 of 2010 Supreme Court of Fiji [Judgment] (20 Oct 2011); Law Council of Australia (2013).
- 49.
See Chief Registrar v Vipul Mishra, Mehboob Raza, Muhammad Shamsud-Dean Sahu Khan, Sahu Khan & Sahu Khan Independent Legal Services Commission No 2 of 2010 [Judgment] (3 Mar 2011); Chief Registrar v Divendra Prasad Independent Legal Services Commission No 3 of 2011 [Sentence] (7 Mar 2012). See also Law Council of Australia (2013).
- 50.
See Chief Registrar v Vipul Mishra, Mehboob Raza, Muhammad Shamsud-Dean Sahu Khan, Sahu Khan & Sahu Khan Independent Legal Services Commission No 2 of 2010 [Judgment] (3 Mar 2011); Chief Registrar v Divendra Prasad Independent Legal Services Commission No 3 of 2011 [Sentence] (7 Mar 2012). See also Law Council of Australia (2013).
- 51.
Chief Registrar v Vipul Mishra, Mehboob Raza, Muhammad Shamsud-Dean Sahu Khan, Sahu Khan & Sahu Khan Independent Legal Services Commission No 2 of 2010 [Judgment on Sentence – 3rd Respondent] (4 May 2011), paras 25, 48–50. See also Law Council of Australia (2013).
- 52.
Chief Registrar v John Rabuku Independent Legal Services No 13 of 2013 [Judgment and Sentence] (30 Jul 2013) para 4. See also Law Council of Australia (2013).
- 53.
Chief Registrar v Mohammed Azeem Ud-Dean Sahu Khan Independent Legal Services No 16 of 2013 [Judgment and Sentence] (30 Jul 2013). See also Law Council of Australia (2013).
- 54.
Chief Registrar v Kelera Baleisuva Buatoka Independent Legal Services No 20 of 2013 [Judgment] (11 Oct 2013). See also Law Council of Australia (2013).
- 55.
Chief Registrar v Siteri Adidreu Cevalawa Independent Legal Services No 6 of 2011 [Extempore Ruling on Sentence] (5 Dec 2011). See also Law Council of Australia (2013).
- 56.
Chief Registrar v Adi Kolora Naliva Independent Legal Services No 4 of 2011 [Extempore Judgment] (5 Dec 2011). See also Chief Registrar v Kini Marawai and Marawai Law Independent Legal Services No 6 of 2012 [Judgment and Sentence] (15 May 2013); See also Law Council of Australia (2013).
- 57.
See also Chief Registrar v Alena Koroi Independent Legal Services No 5 of 2011 [Sentence] (14 Mar 2012). See also Chief Registrar v Amrit Sen Independent Legal Services No 10 of 2013 [Judgment] (6 Nov 2013); Law Council of Australia (2013).
- 58.
See also Chief Registrar v Savenaca Komaisavai Independent Legal Services No 21 of 2013 [Judgment] (8 Oct 2013). See also Law Council of Australia (2013).
- 59.
Chief Registrar v Anand Singh Independent Legal Services No 24 of 2013 [Judgment] (7 Nov 2013), para 33. See also Law Council of Australia (2013).
- 60.
Chief Registrar v Niko Nawaikula and Savenaca Komaisavai Independent Legal Services No 9 of 2012 [Judgment and Sentence] (12 Apr 2013), para 22. See also Law Council of Australia (2013).
- 61.
Legal Practitioners Decree 2009, s 52(2). See also Chief Registrar v Laisa Lagilevu Independent Legal Services No 1 of 2012 [Decision] (16 Mar 2012), para 3; Law Council of Australia (2013).
- 62.
Chief Registrar v Kini Marawai and Rajendra Chaudhry Independent Legal Services No 2 of 2012 [Sentence] (5 Oct 2012), para 21. See also Law Council of Australia (2013).
- 63.
Chief Registrar v Haroon Ali Shah Independent Legal Services No 7 of 2012 [Sentence] (22 Jun 2012), para 37.
- 64.
See South Pacific Lawyers Association (2013), p. 9.
- 65.
South Pacific Lawyers Association (2014), p. 4.
- 66.
Ibid, p. 5.
- 67.
Ibid.
- 68.
Ibid.
- 69.
Ibid.
References
Keresoma L (2013) Court awards lawyer &48,000 in case against Law Society. In: Talamau Online News. Apia, Samoa Islands. Available at http://www.talamua.com/court-awards-lawyer-48000-in-case-against-law-society. Accessed 10 July 2016
Law Council of Australia (2013) Addressing legal challenges in paradise. Law Council Rev:1–72. Available at http://www.lawcouncil.asn.au/lawcouncil/images/LawCouncilReview/Issue%208%20Web.pdf. Accessed 10 July 2016
NSW Law Reform Commission (1993) Report no 70 – scrutiny of the legal profession: complaints against lawyers. Available at http://www.lawreform.justice.nsw.gov.au/Documents/report_70.pdf. Accessed 10 July 2016
South Pacific Lawyers Association (2011a) newSPLAsh Issue 1 (April–June 2011). Available at http://www.southpacificlawyers.org/files/uploads/newSPLAsh%20Issue%201%20%28web%29.pdf. Accessed 11 July 2016
South Pacific Lawyers Association (2011b) newSPLAsh Issue 2 (July–Sept). Available at http://www.southpacific lawyers.org/files/uploads/newSPLAsh%20Issue%202.pdf. Accessed 10 July 2016
South Pacific Lawyers Association (2011c) newSPLAsh Issue 3 (October–December 2011). Available at: http://www.southpacificlawyers.org/files/uploads/018CLA_newSPLAsh_FA_WEB.pdf. Accessed 10 July 2016
South Pacific Lawyers Association (2011d) newSPLAsh Issue 3 (October–December 2011). Available at http://www.southpacificlawyers.org/files/uploads/018CLA_newSPLAsh_FA_WEB.pdf. Accessed 10 July 2016
South Pacific Lawyers Association (2011e) Needs evaluation survey for south pacific lawyer associations – final report. Available at http://www.southpacificlawyers.org/files/uploads/2011%2010%2018%20-%20Needs%20Evaluation%20Survey%20Final%20Report.pdf. Accessed 10 July 2016
South Pacific Lawyers Association (2013) newSPLAsh Issue 7. Available at http://www.southpacificlawyers.org/files/uploads/newSPLAsh%20Issue%207_FINAL.pdf. Accessed 10 July 2016
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Appendices
Appendices
1.1 Appendix 1: Size of National Law Associations in the South Pacific
National Law Associations in the South Pacific | Private | Public | Total | |
---|---|---|---|---|
1 | Cook Is | 32 | 12 | 44 |
2 | Fiji Law Society | 230 | 296 | 526 |
3 | Kiribati Law Society | 12 | 29 | 37 |
4 | Nauru Law Society | 0 | 7 | 7 |
5 | Niue Lawyers | 1 | 5 | 6 |
6 | Norfolk Is Bar Association | 4 | 5 | 9 |
7 | Papua New Guinea Law Society | 591 | 288 | 879 |
8 | Samoa Law Society | 40 | 52 | 92 |
9 | Solomon Is Bar Association | 42 | 48 | 100 |
10 | Tonga Law Society | 41 | 11 | 52 |
11 | Tuvalu Lawyers | 1 | 10 | 11 |
12 | Vanuatu Law Society | 40 | 37 | 77 |
1.2 Appendix 2: National Associations in the South Pacific Complaints/Discipline Handling Systems
National Law Associations in the South Pacific | Complaints/Discipline Handling System in Place? | Body/Institution Disciplining | ||
---|---|---|---|---|
Yes | No | |||
1 | Cook Is | X | * CJ High Court of Cook Is – receives/investigates/disciplines * Cook Islands Law Society – no role in receives/investigates/disciplines | |
2 | Fiji Law Society | X | X | * FLS – receives/investigates/disciplines (mid 2009) * LPU under CR High Court – receives/investigates/disciplines |
3 | Kiribati Law Society | X | * The Council (members of KLS) establishes a Professional Conduct Committee (AG, lawyer, lay person) | |
4 | Nauru Law Society | X | * Rests with the jurisdiction of the Courts | |
5 | Niue Lawyers | X | * 1x Prvt. lawyer – Silent 5x Govt Lawyers <Niue Ombudsman> | |
6 | Norfolk Is Bar Association | X | * NBA – Professional Conduct Board – Supreme Court of Norfolk Is | |
7 | Papua New Guinea Law Society | X | * Lawyers Statutory Committee (AG, member of Council of the Law Society>, 3x lawyers, 2x non lawyers) | |
8 | Samoa Law Society | X | * Council of the Samoa Law Society establishes the Complaints and Investigation Committee (members of the Society) to Lawyers Disciplinary Tribunal (senior lawyer (8 years), lawyer (5), non-lawyer) | |
9 | Solomon Is Bar Association | X | * SIBA – AG – establishes Disciplinary Panel (AG Chair) | |
10 | Tonga Law Society | X | * TLS establishes Disciplinary Committee (AG, CJ, member of the Bench, Secretary of the Society) | |
11 | Tuvalu Lawyers | X | * 1x Prvt. Lawyer (Not Available – Peoples Lawyer Act 2008), 10x Govt. (Office of the AG) | |
12 | Vanuatu Law Society | X | * Law Council (CJ, AG, 1x Lawyer) appoint Disciplinary Committee (judicial officer, 1x lawyer, 3x non-lawyers) |
1.3 Appendix 3: Complaints Against Practitioners: Fiji
Year | Total number of complaints received | Dealt with through mediation | Prosecution | Total dealt with | # of LOs # IO |
---|---|---|---|---|---|
2009 | 411 (300 files inherited from FLS) | 3 | 9 | 12 [399] | 1 and 1 |
2010 | 332 | 53 | 23 | 76 [256] | 2 and 1 |
2011 | 300 | 57 | 5 | 62 [238] | 2 and 1 |
2012 | 307 | 120 | 10 | 130 [177] | 5 and 3 |
2013 | 333 | 119 | 39 | 158 [175] | 4 and 2 |
2014 | 271 | 140 | 17 | 157 [114] | 4 and 3 |
2015 (31 Aug) | 159 | 91 | 3 | 94 [65] | 3 and 3 |
Pending | 1424 |
1.4 Appendix 4: Professional Association Membership
National Law Associations in the South Pacific | Private | Population | Ratio | |
---|---|---|---|---|
1 | Cook Is | 32 | 11,124 | 1:348 |
2 | Fiji Law Society | 230 | 888,125 | 1:3840 |
3 | Kiribati Law Society | 12 | 100,743 | 1:12,593 |
4 | Nauru Law Society | 0 | 9322 | N/A |
5 | Niue Lawyers | 1 | 1311 | 1:1311 |
6 | Norfolk Is Bar Association | 4 | 2169 | 1:542 |
7 | Papua New Guinea Law Society | 591 | 6,187,591 | 1:10,470 |
8 | Samoa Law Society | 40 | 193,161 | 1:4829 |
9 | Solomon Is Bar Association | 42 | 571,890 | 1:13,616 |
10 | Tonga Law Society | 41 | 105,916 | 1:2583 |
11 | Tuvalu Lawyers | 1 | 10,544 | 1:10,544 |
12 | Vanuatu Law Society | 40 | 224,564 | 1:5614 |
1.5 Appendix 5: Trust Account Requirements
National Law Associations in the South Pacific | Are Legal Practitioners Required to Hold Trust Accounts? | Yes | No | |
---|---|---|---|---|
1 | Cook Is | X | ||
2 | Fiji Law Society | X | ||
3 | Kiribati Law Society | X | ||
4 | Nauru Law Society | X | ||
5 | Niue Lawyers | X | ||
6 | Norfolk Is Bar Association | X | ||
7 | Papua New Guinea Law Society | X | ||
8 | Samoa Law Society | X | ||
9 | Solomon Is Bar Association | X | ||
10 | Tonga Law Society | X | ||
11 | Tuvalu Lawyers | X | ||
12 | Vanuatu Law Society | X |
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Bilimoria, N.N. (2017). Choices for the South Pacific Region’s Bar Associations and Law Societies?. In: Butler, P., Morris, C. (eds) Small States in a Legal World. The World of Small States, vol 1. Springer, Cham. https://doi.org/10.1007/978-3-319-39366-7_11
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