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By Clinton McGregor
Members of the legal fraternity have expressed varying reactions to today's landmark ruling by the UK-based Privy Council.
The Privy Council ruled that the provision under the Proceeds of Crime Act which requires attorneys to report suspicious actions by their client is justified and the regime does not breach constitutional rights.
The Jamaican Bar Association had sought to exert legal professional privilege to keep confidential, all dealings with and information about clients derived by the attorney in the course of engagement.
The Bar Association viewed the requirement as a breach of privacy and therefore unconstitutional.
But the Privy Council held that the regime's infringement of rights of privacy has been demonstrably justified and does not breach the constitutional rights of attorneys or their clients.
Attorney-at-law Bert Samuels believes the ruling will have major implications for the legal fraternity, as it now makes lawyers a "watchdog of their own clients".
He argued that the Privy Council appeared to have been "overwhelmed by the need for lawyers to...join the international march for the detection of dirty money", adding that the court sidelined the Charter of Rights which protects confidentiality and liberty.
Mr. Samuels warned that with Jamaica being a "very violent place", the lives of lawyers could now be at risk.
"I can foresee that if a client thinks that you are the one that has reported them, then they may take reprisal action," he said, calling it a sad day for local lawyers.
He urged his colleagues to protect themselves while observing the law and adhering to the regime.
However, King's Counsel Peter Champagnie, who sits on the panel of the General Legal Council which investigates alleged violations by attorneys, welcomed the Privy Council ruling.
He said the ruling has clarified the obligations of attorneys as it relates to privileged information and confidentiality.
Mr. Champagnie added that the move will put Jamaica in line with international best practices to combat financial crimes and money laundering.
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