By Moses M. Tokpah,Mosesmtokpah@gmail.com
KAKATA, Liberia- The presiding Judge of the 13th Judicial Circuit Court in Margibi County, Scheaplor R. Dunbar has warned Lawyers in the habit of deliberately lying to their clients about the issuance of assignments to stop.
He gave the warning earlier this week, when he delivered his charge at a ceremony marking the formal opening of the November AD 2019 term of Court, A.D. in the city of Kakata.
Judge Dunbar said he does not ask for or demand any money from lawyers in order to assign cases and that lawyers misleading their clients will be dealt with in line with the law.
“Do not tell your client that you need US$100 or US$50 to see the judge for any assignment; do not lie on the Judge,” the Judge of the 13th Judicial Circuit Court added.
He disclosed that it costs not more than L$2,100 or US$10 to superintend a notice of assignment. And he urged lawyers not to ask their clients to give them US$100 or US$50 to superintend one notice of assignment.
Judge Dunbar stressed that it is unethical for lawyer to charge a client far more than what is the reasonable cost of superintending an assignment.
The 13th Judicial Circuit Court Judge also observed that some lawyers are in the constant habit of filling notices of withdrawal from cases, as soon as they received notices of assignment.
But he warned those involved to note that notice of withdrawal does not take effect automatically.
The Liberian Judge noted that withdrawals must in all cases be by leave of Court. He noted when a case is assigned for hearing, the lawyer responsible do not stay away, simply because he has filed a notice of withdrawal with the Clerk of Court.
Judge Dunbar argued that the Court has the right to reject a notice of withdrawal and proceed with the hearing if it determines that it was filed for the sole purpose of delaying the hearing and final determination of the case.
The Judge also said that most lawyers withdraw from their client’s cases because according to them, they cannot find their client or do not have a contact number for the client terming it as a very poor excuse.
The very first thing a lawyer ought to do when he is establishing the lawyer-client relationship is to get the full address and contact numbers of his client and they should always be written in the case file just in case the lawyer misplaces his phone, Judge Dunbar explained.
He said a lawyer just cannot withdraw from a case because his client is no longer calling him or simply because he has lost his client’s contact number.
He cautioned Lawyers in the County to be punctual in Court during the hearing of their cases.
Judge Dunbar said he has noted with keen interest during the short period that he served as Judge of the Court that some lawyers are in the constant habit of going to Court very late for the hearing of their cases.
“My charge this morning will be primarily focused on rule 21 of the code of moral and professional ethics, as found on page 5 of our amended revised rules of Court. Rule 21 states and I quote: It is the duty of the lawyer to be punctual in his attendance to Court, and to be prompt and faithful in answering assignments received by him, notifying the time for hearing of his client’s case. It is also his duty to the public and to his profession to avoid tardiness in the performance of his professional duties,” Judge Dunbar further said.
As professionals, the Circuit Judge in Kakata said time is very important in the discharge of their duties indicating that it does not speak well of a lawyer who always goes to Court late.
‘It is not good for your client to come to Court only to find out that you appeared very for the hearing of his/her case, or you did not appear at all,’ Judge Dunbar said.
The Judge therefore urged all lawyers who have business before the Court to be very punctual in attending to assignments that will be issued by the Court.
Since most of the lawyers are based in Monrovia and travel to Margibi County to attend cases, Judge Dunbar said ‘this means that if your case is assigned for 9A.M. you should leave Monrovia as early as 8A.M. to be in Court on time.’
He assured them that he will not fine lawyers who will delay the hearing of cases. Judge Dunbar said for lawyers based in Monrovia, they are fully aware that the traffic in most parts of Monrovia creates problems for all of them; but if anyone is determined to be in Court on time he/she will always be able to do so.
“Leave your homes and offices early so that you can promptly attend to assignments issued by the Court for the hearing of your cases. You have to make sure you are present in Court when your case is called” he adds.
Judge Dunbar at the same time described the role of the jurors as crucial in deciding jury cases thus urging them to take keen interest in their work and perform their duty with sincerity and honesty. “Your verdicts should always be based on the facts and the law as explained to you” he states.
For the magisterial staff, the Judge admonished them to be very diligent in the performance of their duty.