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toubab1020
12306 Posts |
 Posted - 16 Oct 2007 : 21:43:29
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quote:
Originally posted by kayjatta
quote:
Originally posted by toubab1020
quote:
Originally posted by kayjatta
Oh no I am not a legal expert, far from it..., I could not fathom "legal cop out", what is that?
"Legal cop out",is "legalspeak" where a lawyer can use words the meaning of which is hard to fathom,but hey..you are not a lawyer so it cannot apply to you,my mistake to assume you were.
Kay,please don't concern yourself at all, Legal cop out, and legalspeak, are words I made up to discribe functions don't go searching the web or the dictionary for explainations you won't find any,no need to blow the sand from your eyes,they are clear!!! 
Maybe I should check with my teacher Nyarikangbanna with that legal terminology, Toubab. You have clearly thrown sand in my eyes here 
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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jambo
3300 Posts |
Posted - 17 Oct 2007 : 09:36:09
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I agree with Bev Senegambia is not Gambia, but unfortunately that is what most people see, i also suggest other areas, but they get trapped by travel companies.
Definately in the villages calmer, gentler, politer, happy. I am glad she has taken him to court.
and it would be interested to see what his family say. |
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kayjatta
2978 Posts |
Posted - 18 Oct 2007 : 07:52:38
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You know lawyers are officers of the court. Lawyers generally try hard to protect the integrity of the court and the legal system. That is partly why if a lawyer has a conflict of interest with the client the lawyer will withdraw from the case. Also if the client confesses to the lawyer about his/her intent to commit a future crime, the lawyer is obligated to report the client to law enforcement. All this link to the lawyers duty to respect the judges and the legal system. Disrepect of a judge or magistrate by a lawyer could jeopardise the lawyer's career as well as the case he is working on.
Wreckless confrontation with the judge/magistrate and the legal system could mean that the lawyer is not exercising diligent care in representing the client (if the client's case is jeopardized). This could be grounds for the client to sue his/her lawyer for negligence and incompetence. This is a civil liability action, the lawyer could also face a criminal liability action by either the Bar Association or other regulatory body.
A lawyer getting drunk and appearing in court as alleged in this case is very grave. Alcohol can impair a lawyer's ability to diligently represent his/her client. Therfore, it appears to me that the lawyer's competency is greatly sacrificed.
How are lawyer's regulated in the Gambia? Are they regulated by the Bar Association or the supreme Court or another body?
Maybe Nyari and Toubab can help with those questions...
This is not a legal advice!!! |
Edited by - kayjatta on 18 Oct 2007 08:47:21 |
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toubab1020
12306 Posts |
Posted - 18 Oct 2007 : 12:41:45
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Nyari, I cannot assist with Kay's question on regulation of lawyers,can you?
Kay,well reasoned and clear posting,thanks. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 19 Oct 2007 : 23:56:39
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quote:
Originally posted by toubab1020
Nyari, I cannot assist with Kay's question on regulation of lawyers,can you?
Kay,well reasoned and clear posting,thanks.
Thank you all for that trust and confidence. I am not sure if I deserve it since I am not a lawyer either but then, there you go.. To the question now, Lawyers in the Gambia are regulated by the Gambia Bar Association whose president is the very able Amie Bensuda. Having said that, I have a feeling that since the departure of Surahata semega Janneh and A.N.M Ousainu Darboe as president and vice president respectively in 1997, the bar association had been less proactive and less effective in carrying out it regulatory functions. There was a very bold attempt by the late Sam George to return the body to its old good days but he was undermined. He eventually resigned. Nevertheless, the current president is a solid lawyer. I met her personally on several occasions. She sponsored one of my classmates who then ended up working for her while some of us proceeded to Sixth Form. I hope she succeeds in changing the status quo before her terms ends. The worst president the bar had ever produced is Joseph Joof, one time justice secretary.
Can I just add, although lawyers can be sued for negligence, saved for UK Barristers but not solicitors, they cannot actually be sued for incompetence. In the case of incompetence, the only remedy for the litigant concern is to report the matter to the regulatory body. If after a proper investigation and hearing the allegation is proven, the regulatory body can either suspend [depending on the nature of the allegation ] or strike the name of the lawyer off the Roll so that he/she won't practice again. That is where regulation comes into play.
I hope this helps. Thanks |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 20 Oct 2007 00:20:55 |
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toubab1020
12306 Posts |
Posted - 20 Oct 2007 : 00:41:07
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Yes, Thanks, for me very clear indeed.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 20 Oct 2007 00:43:52 |
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kayjatta
2978 Posts |
Posted - 20 Oct 2007 : 18:39:22
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| Thanks Nyari for that superb analysis! And thanks Toubab for bringing us together again. |
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