Bad and "big-name" Lawyers

I came across this article in the Trinidad and Tobago Newsday newpapers' website and came up with an idea for a blog post. In the article, the Former Minister of Justice of Trinidad and Tobago, Herbert Volney "lashed out at 'bad boy' lawyers whom he said are only concerned with making money".

Society believes that the "best" lawyers are the big-name ones who are extremely popular; i.e., the ones we see and and hear about on tv, but society couldn't be more wrong! What many people don't know is that when one goes to the "big-name" lawyers, one rarely gets the Lawyer him/herself; in most cases, a junior lawyer in the chambers (office space with numerous lawyers paying a rent to the "big-name" lawyer) deals with the matter. What the "big-name" guys do is set up chambers in their name, so people would run to that office and of course, the bigger the name the more rent the junior lawyers would have to pay. These "big-name" lawyers make money from (1) the rent (usually around $3000/month per lawyer (they usually have around 5 in chambers) and (2) the big time cases, so your little divorce or land dispute is nothing to him/her. 

If s/he does promise to take on your case personally, you'll most likely end-up with him/her rejecting your divorce hearing for a bigger, more lucrative murder trial and you'll be sitting at Family Court constantly trying the office number and not getting an answer (you wouldn't have his/her mobile number because s/he's too "big" to give you those details).

After continuously hearing complaints from clients of being ripped off by lawyers, especially well-known, "established" ones, I have decided to highlight some of the signs to look for when you end up with a quack, which unfortunately, is VERY common in Trinidad and Tobago. 

1. Before s/he even talks to you, the first thing they discuss is money. 
2. During the consultation, s/he barely looks at your documents or listens to your concerns and you feel rushed throughout the entire meeting. 
3. Be wary of any lawyer who seems overly confident about the case and is only focused on giving you the positives and ignoring the potential downsides. 
4. Condescending, rude and disrespectful. Some people believe that being a lawyer makes them better than the rest of society, and while it may come with some perks that make life easier, it does not in any way make anyone better. Find a cordial, down-to-earth lawyer. 
5. Lawyers work for YOU, the client. You don't work for the lawyer, so s/he must follow your instructions. Don't ever let a lawyer bully you into making a decision that you don't want to make. You may think that they're making the best decision for you, but lawyers are humans, and so mistakes can, and will be occasionally made. 

Now, if you ignored those or didn't notice them and decided to retain the lawyer to represent you, there are also signs later on:

1. Poor communication. S/He is hard to get on to, and your appointments are weeks down the road, unless of course s/he has a valid reason such as sickness, but otherwise, the time should be made within 2 days to meet a client, even if it's for a short period. I give all my clients 24/7 access; they all have my mobile number and I chat with them anytime, anywhere via phone or Whatsapp!  
2. When your lawyer starts missing deadlines to file documents and has to ask for extensions and adjournments, your case is not important enough, so give it to someone else who would think it's important. 
3. Your lawyer keeps bad records and has to ask for documents more than once because they were "misplaced". 
4. S/He is late with the preparation of documents and late to court appearances. 
5. Your lawyer DOES NOT show up at court. To me, this is the biggest red-flag. If it happens once, don't wait for it to happen a second time!

I hope that this information assists with your search for a good lawyer in Trinidad and Tobago. 

Remember, if you believe that your lawyer has been negligent, you can file a complaint with the Law Association of Trinidad and Tobago Disciplinary Committee.

Intoxicated Driving: Criminal and Civil Consequences

Q: What is the law or consequences as [it] pertains to someone driving under the influence of alcohol and [the] passenger dies... what happens to the diver possibly? – by Shoma

A: Criminal—According to the Motor Vehicles and Road TrafficAct 1934, as amended

70. (1) Any person who, when driving or attempting to drive or when in charge of a motor vehicle on a road, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the vehicle, is liable on first conviction to a fine of eight thousand dollars and to imprisonment for three years and on any subsequent conviction to a fine of fifteen thousand dollars and to imprisonment for five years.

(2) A person convicted of—

(a) two consecutive offences under this section shall, unless the Court for special reasons thinks fit to order otherwise and without prejudice to the power of the Court to order a longer period of disqualification, be disqualified for a period of three years from the date of the conviction from holding or obtaining a driving permit; and

(b) a third conviction for a like offence, shall be permanently disqualified from holding or obtaining a driving permit.

Civil: As a driver, a duty of care is owed to both passengers and pedestrians. As a result, the driver will be held liable for any injuries or death as a result of his drunken driving. However, the driver can rely on the defence of Contributory Negligence to reduce the amount of damages according to the Trinidad & Tobago case: Gunness v Ramdeo (2001)

Also, according to the Limitation of Certain Actions Act 1997, asamended, the injured person or the family of the deceased, must bring a claim within 4 years...

·         5(2)(a) from the date of tort

·         5(2)(b) from the date the injury was noticed

·         5(3)(a) from the date of death

Minimum Wage & Overtime

Q:

1. How many hours should a worker work in one week legally?

2. Does that apply across the board i.e. Public and Private ?

3. If 40 is the answer to number 1, how come there is no overtime for employees at cloth store or other private owned places and labour board doesn't mention it.

4. I work Monday- Friday 8:00-4:30 ( with 1/2 hr lunch) and Saturdays 8-2pm ( no lunch break) Is this legal?

A: 

According to the Minimum Wages (Shop Assistants) Order, 1991:

1. Section 4 - 40 hours INCLUDING lunch

2. Yes. Laws cover the entire country, regardless of sector

3(a) You are entitled to over-time under Section 5 – 1.5x your regular rate for the first 4 hours over 40 hours, 2x for the second 4 hours and 3x for any time after that. 

(b) The "Labour Board" can only deal with issues that are brought to its attention. Your first step is writing to your employer. You are protected from being fired for complaining, so don't worry. 

4(a) Based on my calculation (and I’m not very good at Math), you are currently being illegally made to work an extra 6.5 hours/week. This means you should be paid an extra 1.5x/4 + 2x/4 + 3x/.5

(b)You are also entitled to lunch on Saturdays; i.e., 45 minutes break after every 4.5 hours worked; this is according to Section 4 of the Minimum Wages Order