Former High Court Judge, Mr John Connors is the new Independent Legal Services Commissioner (‘the Commissioner’), whilst former Secretary to the Fiji Law Society, Ms Afrana Nisha has been appointed Secretary to the Independent Legal Services Commission.
Attorney-General and Minister for Justice, Mr Aiyaz Sayed-Khaiyum says “the appointment of a Commissioner to the Independent Legal Services Commission (‘the Commission’) marks a watershed in the legal history of Fiji”.
“Lawyers will now like in Australia be subject to scrutiny by an independent body. If members of the public have complaints against lawyers or a law firm, they should lodge their complaints with the Chief Registrar. The Chief Registrar will investigate and make an initial determination as to whether the complaint is serious enough to warrant commencing disciplinary proceedings before the Commission for determination. However, if people are not satisfied with the decision of the Chief Registrar, they can go directly to the Commissioner,” the Attorney-General said.
“The Bainimarama Government is determined that lawyers gain public trust. Having confidence and trust in the legal profession assists, and is an integral part of the proper and effective administration of justice,” Mr Sayed-Khaiyum added.
Commenting on his appointment under the Legal Practitioners Decree, Commissioner Connors says the task of Commissioner is a huge challenge.
“I think having an Independent Legal Services Commission in Fiji is needed. It will bring Fiji in line with conditions of jurisdictions like New South Wales and Victoria in Australia,” Commissioner Connors said.
“Hopefully it will bring a transparent process that makes both the complainants and lawyers feel comfortable,” he said.
Under the Legal Practitioners Decree the Commissioner shall conduct a hearing into the complaints referred to it. The proceedings are open to the public. Lawyers can appear in person or instruct legal counsel. Witnesses may also be called to appear. The Commissioner then makes a ruling and has powers to, inter alia, impose fines of up to $500,000 and to strike a legal practitioner’s name from the roll of lawyers.
According to the Acting Chief Registrar, Ms Ana Rokomokoti, as of 1 September 2009, there are 348 outstanding complaints against lawyers in Fiji ranging from minor offences such as failure to take adequate instructions or acting without adequate instructions, delays, incompetence and unprofessional activity to offences involving the abuse of trust funds, payment of legal fees without providing the service, fraud and the theft of client’s money.
Both Mr Connors and Ms Nisha have started work at the newly established Commission located at the former Fiji Law Reform Commission office at Level 5, Civic Towers in Suva.