Two tribunals and an appeal in Seychelles : monitoring and enforcement of legal ethics in a small jurisdiction

Abstract

On paper, the legal profession in Seychelles does appear to be governed by ethical rules of conduct backed up by appropriate mechanisms for enforcement. However, on closer inspection, it appears that in practice these mechanisms function erratically, if at all. This paper examines the regulatory gap between theory and practice, focusing on recent examples of enforcement actions against lawyers and judges in the jurisdiction. It goes on to discuss possible reasons for this gap, including a lack of ethical education, lack of peer pressure or other incentive to maintain ethical standards, and deficiencies in independence and impartiality of disciplinary tribunals. These reasons are discussed in the context of the small scale of the legal profession in a micro-jurisdiction.