Persons engaged in unauthorised practice of law will be prosecuted – GBA

…warns against advertisement of legal services

The Guyana Bar Association (GBA) has issued a strict warning against the unlawful practice of law and the advertisement of legal services, with the former being punishable by imprisonment for one year and a fine of up to $500,000.

In a statement issued on Thursday, the GBA noted that it has been monitoring and observing the situation with concern, and reminded that such acts are contrary to the Legal Practitioners Act (LPA). The LPA is an Act to establish criteria for the admission of persons to practise as Attorneys-at-Law in Guyana, to regulate their functions, to provide for their professional discipline, and for matters incidental thereto and connected therewith.
“The practice of law in Guyana without being duly permitted to do so under the Legal Practitioners Act, Cap. 4:01, is an offence pursuant to Section 45(1)(c) thereof, and (is) punishable by a fine of up to $500,000 and imprisonment for one year,” the statement advised.
Similarly, it noted that the advertisement of legal services in Guyana is strictly prohibited pursuant to Rule VI of the said Act, whether by lawyers or any person whatsoever. According to Part VI (1) of the Act, “The advertisement of legal service in or through any medium is strictly forbidden.”
Touting is also an offence under the aforesaid Act, and is punishable by a fine and imprisonment for six months, the Bar Association has reminded. A tout is defined in the said Act as “a person who procures in consideration of any remuneration moving from any legal practitioner or from any person on his behalf, the employment of such legal practitioner in any legal business…”
The Bar Association has said it also notes the heightened frequency, especially over the past year, of persons who are not duly admitted to practise law in Guyana brazenly advertising the offer of legal services, which in some instances includes the preparation of a number of legal documents touching and concerning, inter alia, divorces, custody, deeds, leases, conveyances, agreements, land transactions and estates.
“We also note with alarm the abuse by some Justices of the Peace and Commissioners of Oaths to Affidavits of their commission, in performing legal services including the drafting of legal documents contrary to the Legal Practitioners Act, Cap. 4:01. With regard hereto, Justices of the Peace and/or Commissioners of Oaths to Affidavits are only permitted pursuant to S. 96 of the Evidence Act, Cap. 5:03, to certify the receipt of such oaths, affirmations, and or statutory declarations. Such commission does not extend to and/or permit the drafting and/or preparation of any legal documents, or in any way permit the performance of any legal service.”
The Association pointed out that it has in certain cases brought the same to the attention of Attorney General Anil Nandlall, SC, with a view to having the commissions revoked for infringing Justices of the Peace and Commissioners of Oaths to Affidavits.
In a stern warning, the Association said, “We therefore caution that persons found to be offering legal services without being duly authorised to so do and/or advertising such legal services will be brought before the Courts to be dealt with to the full extent of the law.”
Members of the public may contact the Bar Office at 231-4464, or guyanabar@gmail. com or the Supreme Court of Judicature’s Registry to ensure that persons they are engaging with and/or propose to engage with are in fact Attorneys-at-Law duly registered on the Rolls of Court and thereby authorised to practise law and offer legal services in Guyana.