Lawyer advised to drop fee claim
fees with a former client.
Yesterday, Philip Perinchief of Perinchief Associates was told that he was, "putting his professional reputation on the line'', by court President Sir James Astwood.
The long running dispute arose when former client Barclay Carmichael objected to a bill he received from Mr. Perinchief for representing him in a case in 1991.
Eventually Mr. Carmichael took the bill to the Supreme Court Registrar who ordered that the $14,000 bill should be cut by more than half.
Mr. Perinchief objected to the decision and asked for a review in the Supreme Court. But because he had failed to get a tax certificate from the Registrar, the judgment was upheld. It was then that Mr. Perinchief decided to take the matter to the Court of Appeal.
In court Mr. Perinchief explained that he had been unable to get a tax certificate because he had been told by the Registrar that it was unavailable.
But the bench agreed that it was still the responsibility of Mr. Perinchief to get the certificate.
Judge Astwood told Mr. Perinchief: "If you had written to the Registrar right after he had made his order he would have issued you with a certificate. The Registrar can be compelled to give you a certificate but you never did anything about it. If he doesn't you can appeal to the Chief Justice.
"This is an uncalled for procedure. You are putting your professional reputation on the line for the sake of a few dollars. It's costing and costing and it's just not worth it.
"This situation should never have been allowed to develop. The judge has already dismissed this application and we don't have any jurisdiction. What are we to do? "You are wasting a lot of time. It's time you settled this with your client.
You are right back to square one.
"You recognise that this court doesn't have any jurisdiction. You had to take a stance and you lost as far as I can see and now you are asking this court to support you.'' Mr. Perinchief was also ordered to pay Mr. Carmichael's costs for yesterday's appeal.
After the case was thrown out, Mr. Perinchief said he did not know whether he would now pursue the matter.
"I'm not sure yet whether I will try and reach a settlement or carry on,'' he said.
"But I think this sets a dangerous precedent.'' Georgia Marshall, representing Mr. Carmichael, said: "In Bermuda we don't have a forum where clients' complaints against their own attorneys can be heard.
"There is this procedure but the fact that it is so seldom used means that it is unclear.''