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This is a very wide topic and we will be unable to cover everything so this article will deal with only the most important aspects of a lawyer’s responsibility to his/her client and the remedy available to a client if the lawyer does not fulfil that responsibility. This responsibility is often referred to as “professional ethics.”

As a member of the legal profession a lawyer is not only a professional who represents the interests of his/her clients but is also an officer of the court and a citizen duty bound to uphold the law and maintain justice.

The Legal Practitioner’s Act (LPA) Chapter 119 of the Laws of Vanuatu govern the admission of lawyers to the Bar and the relevant body responsible for disciplining them but does not specifically deal with their responsibility to their clients. Notwithstanding, every lawyer is trained to know and understand his duty owed to his/her client.

A lawyer’s conduct should always be in line with the law, both in his professional service to his/her client but also in the lawyer’s business and personal affairs. A lawyer should never use his knowledge of the law to intimidate or harass others or for acting wrongly. A lawyer must always show respect for the legal system he operates in, for those who work in the system like Judges, Magistrates, court staff, etc. but also has a duty to challenge any official action deemed wrong or unlawful.

A lawyer must always maintain a high standard of professional conduct. In his professional capacity he must show competence, diligence and promptness at all times. A lawyer must not engage in conduct that is dishonest and likely to lessen public confidence in the profession or the administration of justice.

The following list of duties owed to a client by his/her lawyer is not exhaustive. Our intention is to give the reader a summary of some of those duties which are most important. A lawyer must:

• Fearlessly promote and protect by all proper and lawful means the client’s best interests.
• If being paid by a third party other than the client understand that his/her duty is to the client and not the payee.
• Give clear and timely advice to help the client understand the legal issues of the case so the client can make informed choices about the action to be taken.
• Inform the client of the outcome of each step taken in their matter and be prompt in moving the matter along for the client.
• Be upfront with all costs likely to be incurred by the client and provide the client with itemised bills for work done or to be done.
• Obey rules and orders of the court in a timely manner so as not to put the client at a disadvantage.
• Not disclose any information of the client obtained in his professional capacity.
• Not act in another matter once he becomes aware that he has confidential information about matters relating to his client that could help to advance the case of his new client.
• Not act for a client if his interests conflict with that of his client.

If your lawyer fails to fulfil his obligations to you and you have suffered a financial loss or some other damage as a result you may file an action against the lawyer or you may bring a complaint against him/her before the disciplinary committee.

If you wish to sue a lawyer it is best to get more specific advice from a lawyer as this can be an involved action. If you wish to make a complaint to the Disciplinary Committee this is done under section 8 and 9 of the LPA by making a complaint in writing to the secretary with specific allegations of misconduct which may include acts or omissions. If the Committee finds the lawyer guilty of misconduct they have the power to:

• Remove the lawyer from its lists of lawyers qualified to practice in Vanuatu.
• Suspend the lawyer for a period of time.
• Impose a fine of no more than VT150, 000 to be paid into the Revenue Fund.
• Order the lawyer to pay compensation to the complainant of no more than VT150, 000.
• Reprimand the lawyer.

Volume 43 of the official gazette published on the 20^thJune, 2018 by Order No. 109 of 2018 has appointed the following persons as the members of the Disciplinary Committee until 26^thMarch, 2020:

• Honourable Gus Andree Wiltens, judicial officer nominated by the Chief Justice;
• Frederick John Gilu, a legal practitioner nominated by the Attorney-General;
• Merelyn Tahi, Coordinator, Vanuatu Women’s Centre;
• Sofia Shah, lecturer, University of the South Pacific; and
• David Russet, Bellevue Property Management

Suing a lawyer or making a complaint against a lawyer is a very serious matter and should not be undertaken lightly. It must be given considerable thought and you must be sure that you have the proof to back up your action or complaint. Remember, you are dealing with the livelihood and reputation of another person and therefore you must be careful before taking any step that could affect that. Having said that, you should not be afraid to take action against your lawyer if you feel it is justified.

DISCLAIMER – This is a legal column to provide basic information on the law and court procedure. It is not to be used as a substitute for legal advice but to be used only as a starting point in understanding what you might need and what you might need to do.     

If you have any questions or require clarification on the above please contact the writers at vanuatulaw@gmail.comor contact us at website www.pawthelaw.info