ABSTRACT

Article 40 of the Constitution of Guyana endows every person in the country with ‘the protection of the law’, which carries the entitlement, as laid down in the United Nations Basic Principles on the Role of Lawyers, to call upon the assistance of a lawyer of one’s choice to protect and establish one’s rights. Legal representatives in Guyana are defined in Art 154 of the Constitution as persons entitled to practise as an attorney-at-law before a court or tribunal. Upon admission to practice at the bar of Guyana, an attorney swears:

I, AB, do swear (or solemnly, sincerely and truly declare and affirm) that I will well and truly serve the people of Guyana according to the best of my learning and knowledge in the law, and I will truly counsel and advise them that retain me according to the best of my skill, and I will not defer, protract, or delay their causes willingly for lucre or hope of reward-so help me God. (Laws of Guyana, Cap 4:01, s 6.)

The United Nations Basic Principles on the Role of Lawyers provides a good indication of what is expected of governments and the legal profession: It is the duty of governments to ensure that efficient procedures and responsive mechanisms for effective and equal access to lawyers are provided for all persons. Governments, professional associations of lawyers and educational institutions must ensure that attorneys-at-law are aware of the ideals and ethical duties of the lawyer and of human rights and fundamental freedoms recognized by national and international law. ‘Lawyers shall at all times maintain the honour and dignity of their profession as essential agents of the administration of justice.’ The duties of lawyers towards their clients include advising clients as to their legal rights and obligations, and as to the working of the legal system insofar as it is relevant to the legal rights and obligations of the clients. Professional associations of lawyers are expected to contribute ‘to ensure that everyone has effective and equal access to legal services. Codes of professional conduct for lawyers must be established by the legal profession through its appropriate organs, or by legislation, in accordance with national law and custom and recognized international standards and norms’.