Dominican attorneys and law

C

Caral

Guest
I am researching a book on the Dominican Republic and would be interested in hearing about your experience with the Dominican legal system, particularly with legal firms in the Dominican Republic. I am interested in good experiences and bad, especially with the firms of Russin Vecchi (Santo Domingo and Puerto Plata)and Jesus Garcia Tallaj (Puerto Plata).
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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Both Russin Vecchi & Heredia Bonnetti and Garc?a Tallaj & Asociados are reputable law firms. Mr. Garc?a Tallaj, I believe, started his law career at Russin Vecchi before setting up his own independent practice in Puerto Plata. Russin Vecchi is an international firm with offices worldwide with a big corporate clientele. Garc?a Tallaj is a local firm dealing mostly with individual foreign investors.

This is my opinion. Both firms are my competitors in the Puerto Plata area.
 
C

Caral

Guest
no conflict of interest?

Thank you for your prompt reply, Dr. Guzman. In my research I have discovered that there seems to be no conflict of interest prohibition in the Dominican Republic. A lawyer can represent a client and then turn around and represent the client's competitor or legal adversary, using the work paid for by the original client.

My research also indicates that a lawyer can charge whatever he or she wishes and there is no appeal to a governing body. Also, clients have been unable to obtain the documents and records they have paid for without being subject to what in North America would be called extortion.

I would like to confirm my information and find out what (good and bad) experiences other clients have had with so-called reputable Dominican law firms. For example, there is a Canadian woman who credits a Santo Domingo firm with saving her life. I would very much appreciate your experience and insight. However, you need not feel compelled to answer if you would be placed in a difficult position. That is why I hoped other people would contribute to this thread.
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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The behavior you describe is unethical under Dominican law. With regards to the attorney changing sides, the pertinent provisions are articles 18 and 19 of the Code of Ethics of the Dominican College of Attorneys:

Art. 18.- El Abogado guardar? el m?s riguroso secreto profesional. Este deber fundamental subsiste ?ntegramente despu?s que el Abogado ha dejado de prestarle sus servicios al cliente...

Art. 19.- El deber de guardar el secreto profesional se extiende a las confidencias hechas por terceros al Abogado en raz?n de su ministerio, y a las derivadas de las conversaciones necesarias para llegar a un arreglo que no se efectu?. El secreto debe comprender tambi?n las confidencias de los colegas..."

An attorney who violates his duty to professional secrecy should be subject of a complaint to the Disciplinary Tribunal of the Dominican College of Attorneys. Possible sanctions range from an admonition to disbarment.
 

MaxxJaxx

Almost Silver...
Jan 1, 2002
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Fabio J. Guzman said:
The behavior you describe is unethical under Dominican law.

An attorney who violates his duty to professional secrecy should be subject of a complaint to the Disciplinary Tribunal of the Dominican College of Attorneys. Possible sanctions range from an admonition to disbarment.

Fabio I mean you NO disrespect but can you show me one lawyer that represented a gringo and that gringo won his complaint against him??? What lawyer was ever sanctioned for violating his professional secrecy with a gringo??? NONE. But I am willing to be corrected.

By the way, having won many Charter of Rights cases in Canada I don't trust the Canadian legal system either.......

With all due respect,
Maxx
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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Maxx, that?s not the right attitude. You?re giving up without even trying. Back in 1987 I was elected Judge for a year on the Disciplinary Tribunal. We tried many cases involving complainants of all kinds, including foreigners. We never treated cases involving foreigners any different from the rest.

I must admit that the procedure could be long. All rulings of the Disciplinary Tribunal may be appealed by the sanctioned lawyer to the Supreme Court for final adjudication. Also, the members of the Tribunal lately have not been the cream of the crop since the College of Attorneys has been soiled by the politicians.
 
C

Caral

Guest
Can lawyers assist in conflict of interest situations?

Dear Fabio,
Is it possible to get a lawyer to help guide the petitioner through the disciplinary process?