WHAT HAPPENS WHEN THERE IS A CONFLICT OF INTEREST BETWEEN PARTY AND PROFESSION?

Feb 06, 2022 Features / Columnists, Peeping Tom

Kaieteur News – About 10 years ago, an issue arose when it was suspected that the PPP had taken a decision that none of its leaders should defend persons charged for drug offences. There were concerns that since many of the leaders of the party were lawyers who had professional obligations to defend clients who came to them for legal representation, this perceived policy decision by the ruling party – not the government – would present a conflict of interest.
But can a lawyer simply refuse to defend someone on the grounds that he does not condone the crime for which the person is charged or being investigated? If that were the case, then any lawyer could refuse to take any case because of the nature of the alleged crime.
What then, therefore, is there to stop a lawyer from not taking a divorce case? Would taking such a case not convey the impression that the lawyer supported martial separation? And what about defending someone charged with murder? Since that is also an immoral act, despised by society. Then a similar argument can be made for lawyers not to take such cases?
When a lawyer undertakes a case, he or she is defending a more fundamental right. One that goes to the very heart of justice and our legal system. The lawyer is defending the right of an accused person to challenge the charge for which he or she is accused. The legal system is based on the right of an accused to be afforded the right to establish that he or she is innocent. This is the role of defense lawyers.
In simple layman’s language, a defense lawyer does not defend a crime but defends an accused person’s right to a defense. A defense lawyer does this by facilitating that right. If all lawyers were prohibited by moral or other reasons from undertaking cases, then the legal system would fall apart.
However, when someone is a member of a political party, that person carries an obligation to uphold the principles and policies of their party. It is expected that because that person is part of a voluntary grouping, that individual would subscribe to the agreed-upon policies and positions of the group to which he or she belongs.
However, since some obligations can clash with professional responsibilities, there is always a need for codes to be established to avoid embarrassing conflicts. These codes should allow for the respect of the professional obligations of party members, without having to compromise the policies of the party.
Another case, years ago, illustrated the dilemma that can arise when a person’s professional obligations conflicts with the position adopted by the party the individual supports.
The Alliance for Change took a position that should it win the 2011 election, it would review a number of the deals that the present government has entered into. Among those deals are the construction of the Skeldon Sugar Factory and the Amaila Falls Hydroelectric investment.
Interestingly, one of the leading members of the Alliance For Change was contracted with a company that was at the centre of the hydroelectric deal, and this involvement no doubt placed the AFC in a very difficult position. How could it be seen as questioning the deal when one of its members, and a very prominent one at that, was undertaking work for the investor?
The AFC therefore had a problem. It could not effectively challenge the deal without having to explain the role of its member. But in doing so it had to also accept that individual members have a right to pursue their professional obligations. So, what happens in situations where within political parties, those roles clash or there is some conflict?
This is why it is important for political parties to prescribe ground rules for good political conduct but in so doing ensure that political codes of conduct do not conflict with a member’s or leader’s professional and ethical responsibilities.
What is important also is that there be full disclosure by all political leaders of matters in which their professional responsibilities may tend to clash with their political duties.
(The views expressed in this article are those of the author and do not necessarily reflect the opinions of this newspaper.)

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