Lawyers warned against abandoning clients

KAMPALA - Justice Lawrence Gidudu has threatened to drag to the law council lawyers who abandon their clients - and order them to refund all the legal fees paid to them.

Gidudu sounded the warning after Evans Ochieng, a lawyer representing the former Permanent Secretary Ministry of Public Service, Jimmy Lwamafa in the sh88b social security fund case, failed to appear in court and used a fellow lawyer to tell court that he will never come.

"I spoke to Ochieng and he told me that he is not going to come," John Isabirye told the judge when he inquired about his (Ochieng's) whereabouts.

When interviewed by New Vision, he said that Ochieng left because Lwamafa failed to pay for legal representation.

However, Gidudu said that even though a client has not paid, a lawyer is supposed to write in advance a notice of intention to withdraw to his client, the state and the judge.

"An advocate cannot just walk away. According to the Advocates Conduct Regulations, Regulation 3 requires that he gives the client, court and the opposite party sufficient notice of intention to withdraw," said Gidudu.

"If Ochieng walks away without following the regulations, I will refer him to the law council for punishment."

The judge said that if an advocate withdraws from a case, he or she is supposed to refund some of the money he or she has received proportionate to what he or she has done.

He said that a lawyer can only withdraw from a case if the client withdraws instructions, instructs him to involve in what he considers unprofessional, and when a client disregards agreement to pay fees.

He can also withdraw when court tells him to do so.

However, before issuing his warning, Gidudu gave Lwamafa a chance to speak to Ochieng for the last time.

After about 15 minutes, Lwamafa returned and informed court that Ochieng had agreed to proceed with the trial as his lawyer and they will iron out their differences.

The habit of lawyers abandoning clients during the process of trial is becoming common at the Anti-corruption court.

So far, Geoffrey Kazinda, the former Principal Accountant in the Office of the Prime Minister (OPM) who is currently serving a five year jail term in Luzira prisons, has been abandoned by over six lawyers.

Meanwhile, the state has summed up its case against Lwamafa, Christopher Obey, the Principal Accountant and Stephen Kiwanuka Kunsa, the director of research and development.