The Graduation Exercise for the Class of 2011 - Norman Manley Law School

Speech delivered by Minister of Justice the Hon. Delroy Chuck


Mr. Chairman, Your Lordships, Distinguished Guests, Colleagues, Ladies and Gentlemen, Graduands of the Norman Manley Law School, 2011.

It is with pleasure and honour that I have accepted the invitation to address this graduating class.   

To you bright young men and women, I join in your celebration of the past two years – and for some, more than two years. I know from my own experience that the path to becoming a lawyer and entering the legal profession is a long one. You have spent innumerable hours preparing, studying and working, fretting, even wasting time and dreaming of this day. After more years than you might wish to count your real journey now begins !

I hope that you will allow me to speak to you today as one would speak to his friends:  words of reality and advice, words of admonition and words of encouragement- just a few words- this evening is not a time for lectures. This evening is a time for commemorating not only the legacy that has brought you to this moment but a time to relish first, in the beginning of your own individual legacies as bearers of the standard of justice and as defenders of the rule of law; and also your collective contribution as the newest generation of legal professionals.

As I pondered what to share with you today, I have prayed for guidance and so I hope that my message will enlarge your visions and will motivate you as you enter this noble profession. Welcome!

The Legal Education Certificate gives you the opportunity to become attorneys-at-law and the vast majority of you will begin to work in a law firm, a private corporation or for the Government.  Diligence, hard work, and a great deal of more hours of preparation will help you to succeed. 

But I want you to know that the hallmark of your success will lie in the character and reputation that you build for yourself.  

The legacy that you create must be defined by honesty and integrity. 

These two words, "honesty” and “integrity” are closely associated and often used interchangeably but are not synonymous.

Integrity is the quality or condition of being whole, complete, unbroken, and   undivided. The word integrity comes from the Latin root word "integer" and is related to other words with the same root such as entire and integrate. All of these expressions share the notion of being intact, sound, uncorrupted, and perfect. 

Personal integrity implies such trustworthiness and incorruptibility that one is incapable of being false to a trust or covenant.

Honesty is the quality or condition of being truthful, sincere, candid, and worthy of honor. The word honesty comes from the Latin root word "honestus" and is related to other words with the same root such as honor and honorable. Each of these expressions shares the notion of  being genuine, trustworthy, upright,  respectable, and decent.

Honesty is more than not lying. It is truth telling, truth speaking, truth living, and truth loving. 

Never disrobe yourselves of the mantle of integrity and honesty.  

It is my hope that you will seek out such law firms and companies that are known for their uprightness and that have a reputation of honesty. This will make it much easier for you to be a good lawyer and to fast track your chosen vocation.  Maintain the good name of the profession. There are far too many lawyers who do not maintain the good name of this profession.  

I heard once of a lawyer named Impos Syble who was shopping for a tombstone. After he had made his selection, the stonecutter asked him what inscription he would like on it.

"Here lies an honest man and a lawyer," responded the lawyer. The Stone Cutter replied "Sorry, but I can't do that, it is against the law to bury two people in the same grave. However, I could put `here lies an honest lawyer'."
The Lawyer protested "But that won't let people know who it is!”

"Sure it will," retorted the stonecutter. "People will read it and exclaim, "That's impossible!"

It’s a funny joke. But what is not funny is that many people do not see this as a joke- it is almost accepted as normal today for lawyers to be seen as dishonest, brutal sharks who only care about winning cases and having a perfect litigation score. 

In your quest to become a good lawyer, do not look so much on the number of cases that you have won.  Look at how well you have served the interest of your client.  Seek to build a relationship of trust so that these clients can return to you and can recommend you to prospective clients.  Your clients will be your greatest source of advertisement. When persons are shopping for lawyers, it’s not the telephone directory or internet ads that they often use, it is the recommendation of their friends. 

 What will set you apart from an ocean of lawyers is what your last client has to say about you. So treat your clients well, understand that even though this for you is a job and a calling, for them it is oftentimes their life.  How you handle their matters can be the difference between life and death or between prosperity and bankruptcy.  Matters which  to you may seem routine or simple procedures, are not seen as routine and simple by your clients.  Treat every client with the same level of respect and earnest care, and treat each case as if it were the most important matter you have ever done in your career. 

I say serve the interest of your clients. But above that, and above all else, serve the interest of justice!  I suppose the easiest solution is to choose good clients and good cases, but that’s not always possible.  There are many clients who set out to mislead you or misguide you. There are many persons who have matters before the Courts because they cannot or have failed on their own to be just and honest with their fellow citizens and would seek to persuade you to act in furtherance of their malicious, dishonest and selfish intentions.  To that I ask you to remember that the interest of justice must be paramount and while you are called to a position of service, you are not being called to a position of servitude, and so you must serve your clients without being their servants.  

Be respectful of other lawyers who are your colleagues in the pursuit of justice.  Respect those who have served the profession with dedication and sacrifice. There is a reason it is called practising law. Even with many years of training and more to come, you do not and will not know everything.  Seek knowledge and wisdom from your peers and seniors.  Treat other lawyers as you wish to be treated. When you enter into negotiation or enter the court room, understand that your colleague is there for the same purpose as you – to serve the best interest of his or her client. Even when the stakes are high, do not always take on the adversarial nature of a court case.  

There is a saying that goes “A good lawyer knows the law but a great lawyer knows the judge.”  Mr. Chairman I humbly submit that we are known to have a fine cadre of judges but graduands, I wish not to be unrealistic.  You are entering a justice system that is not perfect. There has been dishonesty in all areas of the justice system.  It is for this reason that one of the priorities of my Ministry under our Justice Reform Programme is to build trust and confidence in the justice system.  You are entering a system that is being threatened by corruption.

There is corruption within the court and the justice system, where the police have been paid to say they cannot find a witness, or persons have been paid to have documents destroyed- amongst many other things.  Cases languish on the books for years with very little progress, clients become frustrated and cannot move on with their lives, sometimes they appease their grievances by taking justice into their own hands, the lawyers get a bad reputation as being of no help, the justice system gets a bad reputation of being of no use.  What I’m asking you, what I’m exhorting you, do not be tempted to contribute to the problems of the justice system.  I’m asking you to not allow yourselves to succumb to corruption. The level of corruption that we face in the justice system is formidable, but there is a solution to this scourge: Maintain your integrity and your honesty!

If we cannot remove corruption from our justice system, it is unlikely that we can remove it elsewhere. Our judges are known for their integrity and fair play but so much more is required of them. They must assist in removing any taint of corruption, vulgarity or malpractice that may exist and they must help us to  strengthen public trust and confidence in the justice system.

To be sure, the justice system is in crisis and in need of repair and improvement. We have first class lawyers, and judges- why can’t we have a first class justice system. The Government understands that it has a role to play in all of this, but everyone needs to play an even greater role to improve the quality of justice. I have in my office a massive plan for the reform and modernization of the justice system. Within our resources and through the help of many development partners we are taking the items point by point and looking at ways to get them implemented.

I want you to consider what role you can play in this Justice Reform.  What I hope for is better governance in the justice system. Not for the Executive to be looked upon as the miracle worker that can simply provide all the necessary resources, or to dole out diagnoses and directives for the solutions.  But for us to be able to openly discuss how we have drifted to this low level and more importantly how we can move forward. 

There was a story about four friends that all we know. Everybody, Somebody, Anybody and Nobody.

 There was an important job to be done and Everybody was sure it would be done by Somebody.

 Anybody could have done it. But Nobody did.

Somebody got angry about that because it was Everybody’s job.

Everybody thought that Anybody could do it, but Nobody realized that Everybody wouldn’t do it.

It ended up that Everybody blamed Somebody when Nobody did what Anybody could have done.

It is so easy for anybody to blame somebody. It is time for everybody to take responsibility and act promptly to reform and secure a proper system of justice.

We have in the justice system a massive backlog of cases.  There are hundreds of thousands of cases that are in the court system for eight (8) months or longer- many for years.  Last year there were almost 460,000 cases before the Courts, with over half being in a state of backlog and this has been the case for at least the last decade. For every six persons in Jamaica, there is a case in the Courts. Now, that tells us many things.   

First- there is a problem- a problem to which everybody says it’s nobody’s fault but the situation persists.  Second- there is a lot of work to be done by lawyers.  I am aware that one of the greatest challenges you will face will be in finding a job- the competition is very stiff and the job market is very difficult at this time.  But, quite incredibly, we have a situation where we have lots of lawyers without work and lots of work available for lawyers. When shall the two meet? 

I put it to you that we should start with what we do have.  We are in need of lawyers to resolve HONESTLY, the multiplicity of disputes. As an Administration we are looking at a number of ways that we can first of all steer appropriate cases away from the formal court system.  One of the ways that we have been doing this is by supporting the work of Mediation in Jamaica. The Dispute Resolution Foundation is actively engaged in Mediation, and civil matters from the Supreme Court are referred for mediation. I urge you to get involved in mediation and with the work of the DRF, particularly, those of you who may not find employment immediately.  It will help you to build up your experience and to make important networks.

 I urge all of you, regardless of where you practice, to look for ways in which you can assist your clients to settle matters outside of the courtroom, wherever this is possible. Often times we push for a win- lose situation, when we can, with guidance, secure for both parties and yourself, a win- win situation- and everyone moves on with their lives- clients have secured justice economically and you are free to take on more clients without being weighed down by cases languishing for years on end.

Right now, we are looking at introducing new arbitration legislation on the legislative agenda of the Government, thereby allowing a modern formal system of arbitration to be established in Jamaica. We want to see Jamaica and the Caribbean becoming a hub for local, regional and international arbitration which commercial entities and traders across the world can utilize in settling their commercial and trade disputes. We need to resolve our own disputes also, both through the DRF and other such entities and through Arbitration.

I do believe that  this is an avenue that will provide many opportunities for young lawyers who are interested in practising commercial and business law, particularly where the use of Information and Communication Technology and other creative and scientific processes are concerned.  

There are more laws that we hope will be passed which will open up opportunities for you and for the country. Earlier this year, The Jamaica International Financial Services Authority Act, 2011 was passed, thus starting the process of Jamaica being able to capitalize in that market. The Government is working also on updating the laws that will protect the creative and scientific property of Jamaican people and this initiative will create many opportunities for you. 

Even as we seek to steer away as many cases from trial as we can, we need to consider potential solutions to the problems that exist within the court system.  From an economic and investment point of view, the backlog in our courts chases away investment. From a social point of view, it chases away justice.  I know the courts of Jamaica, both as a fellow lawyer and as the Minister. I recently started a tour of the Courts. I know that some of them are in need of repair and also in need of equipment. But I invite you the young lawyers to enter the discussion on how we can make better use of the significant resources that have been invested in these Courts and are available to us. 

In spite of the fact that some of our courts need improvement, are we utilizing them in the best and most effective and efficient way? Are we getting the best value for the money invested in the Justice System?  Under our reform programme we are trying to build more courts and court rooms. We have launched a massive Justice Square Project. I wish it was more advanced or that it had further progressed, but I am grateful that we have started. Permit me to thank my colleague Senator Dorothy Lightbourne, who fought to see the Justice Square Project get off the ground. 

A few weeks ago, I opened a Courthouse in Lucea, Hanover, that will serve the Family Court- a state of the art courthouse. As I reflect upon this, I cannot help but think that we have to make better use of our courts and the time available in them. Some time ago, in about 1991, when many of you were still small children, the current President of the Court of Appeal, Honourable Justice Panton and I got the opportunity to tour the New York City Law Department. I remember very vividly, at about 10 o’clock in the night we were taken to a Night Court in Downtown Manhattan. Wondering what on earth we could be possibly doing at the Court at that hour we were informed that that was the time when the next shift of Judges and Court personnel took over and we would get to see the changeover.  This to me was immaculate! The Court sat 24 hours per day in 3 shifts of 8 hours. Can we imagine if we had 8 hours of judicial activity in every Court?

I have said this publicly before, and I say it here, that we have to find a way to make optimum use of our Courts - for the Judges, the Lawyers, the Prosecutors, the police, and especially for the litigants and witnesses, and to be courageous in this knowing that courage is resistance to fear, mastery of fear, not absence of fear. We need not be afraid to try new things if we see where they can make our situation better. 

I’m not suggesting that we have a 24 hour court system but at present we have a system where the Court is being utilized at an average of less than five (5) hours a day.  Is it possible for us to have a system where we have two shifts operating in the Court- one in the morning and one in the afternoon? Is it possible to start the Court day at 8:00 a.m. or 8:30 a.m. similar to the private and public sector, running until about 12:30 p.m. with a break in between and then a second shift at 1:30 p.m. to about 5:00 p.m.? 

I see with this a situation where we can have two or more  panels of Court of Appeal Judges sitting each day maximizing the rate of disposal of Appeal Cases and allowing judges more flexibility and efficiency in structuring their days. This too for the Supreme Court and the Resident Magistrates Courts. Judges, lawyers and prosecutors spending less individual time in the courtroom and achieving more collective time in court usage, and work.  Giving lawyers more time within the work day to prepare their cases, judges more time within the work day to prepare judgments instead of this being done in many instances, outside of the work day.  How do we find the right arrangements? I foresee that this can be an avenue through which we not only reduce the backlog, but open up more space for new lawyers to share in the work of the justice system.

I’m not saying I have the answer, I’m saying that we need to look at the reality, be pragmatic and dare to try new solutions.  I dare say that a better investment for money might be in securing more prosecutors, more Resident Magistrates and more Judges so that we can fuel a system that allows us more  productive usage of our time and time in our court buildings, than it might be to build more structures.  Investment in the human capital might more valuable.

You are looking for ways that you can contribute to the justice system- that is the reason many of you have selected this profession. Do not think that because you are young in experience and in age- that you have nothing to contribute, that your voice cannot be heard. As young lawyers you are looking for a place within this system in which you can build a livelihood- and a decent one at that. Speak out for the things that you would like to see happen or even changed. You are bright and sharp and may see solutions that many older ones who have been in practice for many years do not see, whether through comfort or complacency. None of us has an exclusive right to wisdom. 

I urge you not to be passive in your careers but to agitate for these things and for the things that you would like to see achieved that can benefit you and benefit your country.  Recall the symbol that stands atop the crest of this Law School- the Magnificent Frigatebird, otherwise known as a Man O’ War. Recall also the name of this Law School from which you are graduating, the Norman Manley Law School and the legal acumen, integrity, honesty and accomplishments of the man whose name it bears. Recall too, that this Law School was established as a beacon of Legal Education in the Caribbean not just to produce lawyers but to produce nation builders.  You are called to a profession with one of the longest traditions.

As I welcome you to this noble tradition I remind that you are called not only to uphold  uprightness but to push it forward!

I leave you with the words of Winston Churchill, Success is not final, failure is not fatal: it is the courage to continue that counts.  

THANK YOU!