Barbara Ellington, Senior Gleaner Writer
Trevor DeLeon browsing through the library at law firm Nunes, Scholefield, DeLeon & Co. at Holborn Road, St. Andrew, last week. - PHOTOS BY CARLINGTON WILMOT/FREELANCE PHOTOGRAPHER
FORTY-FIVE YEARS ago when the 17-year-old Kingston College graduate set out on his career path, little did he know that he'd be heading a prestigious law firm four decades later. But Trevor DeLeon did just that and his career has taken him through mergers, a disastrous fire, and some exciting legal battles.
Mr. DeLeon is the senior partner at the law firm Nunes, Scholefield, DeLeon and Co. (NSD). A great conversationalist, he also marks a personal milestone with 40 years of service to a profession he enjoys. Although he does not participate frequently in fishing and bird-shooting trips, he relaxes by golfing with his wife and friends. Mr. DeLeon has four adult children - two sons and twin daughters.
BE: Let's start at the early years, where were you educated and how did your law career start?
TD: I was educated on the proper side of North Street and after leaving Kingston College at age 17 in 1959, I went straight into a five-year apprenticeship with George Desnoes at Desnoes and Lyons as an article clerk. At that time we took three main examinations including the solicitor's final exam set in England to qualify as a solicitor of the Supreme Court. I was also subsequently admitted to practise as a solicitor of England. There was no law school in Jamaica at the time and after that I continued with the firm as an associate until it amalgamated with Judah & Randall. I became a partner and ever since, I have had successful partnerships with a further amalgamation of Judah, Desnoes & Co. with Lake, Nunes becoming Judah, Desnoes, Lake, Nunes, Scholefield and Company. Subsequently the name was changed to Nunes, Scholefield, DeLeon & Co. after all of the founding partners and senior partners passed away.
The firm continued from its original location at 4 Duke Street, then we moved to Holborn Road with clients who expressed a desire to have us do so.
BE: How do you compare running a law firm with running a supermarket or a manufacturing entity?
TD: There is a similarity, the ones you mention have to please their customers. We have to please our clients but the difference is that we have to show more care and concern, and confidentiality and privacy are of utmost importance.
BE: So, why is it that things of a legal and judicial nature take so long to be settled in Jamaica?
TD: I cannot exonerate the legal profession. You will find some lawyers taking longer to perform duties for a client than they ought; my view, however, is that many of the delays that clients have are directly attributable to systemic problems in Jamaica. The oft-heard word 'bureaucracy' is not an exaggeration.
We know of the new National Land Agency that impacts on my field (conveyancing); one has to ensure that the processing of documents for transfers, etc., whether it's going to court or signing documents in a timely manner and trying to get early dates in the justice system, is not an easy task. Our courts are overburdened.
BE: Where else is there a manpower shortfall? Nowadays we hear of the large numbers of lawyers leaving our law school. Is it a matter that these organisations (land agency etc.) need to be more technology-driven?
TD: The government, through the Stamp Office and the National Land Agency, comprising the Office of Titles, the Survey and Land Valuation departments, has been modernising their operations. They have not yet reached their goals, but there is a lot more improvement necessary. Things are still serious and have implications for the public who are our clients and for investors who are coming to Jamaica and who expect their transactions to be concluded in reasonable time.
I know that the Taxpayer Audit and Assessment Department, through the Conveyancing Committee of the Jamaican Bar Association (JBA), is taking the initiative to improve the time it takes to complete documentation. Another pressing problem that has existed for many years is the lengthy and unnecessary delay in obtaining subdivision and planning permission approvals for land development from the various government agencies. The ultimate cost of these delays goes to the consumer.
BE: How many persons do you employ?
TD: About 62 and we have two new associates coming in this week to join the firm; without new blood, there is no continuity; they are graduates of the Norman Manley Law School (NMLS). We have a young team as well as summer interns.
BE: How do you compare the calibre of NMLS graduates with those who got their qualification the way you did 40 years ago?
TD: The law school is a successful entity; in the old apprenticeship system the student had the benefit of five years understudying a senior practitioner and that instilled a lot of the ingredients needed in a practitioner - as well as experience and knowledge; you cannot learn experience in an institution. However, the law school is excellent and I find that the graduates have a good rounded background and knowledge.
BE: In your 40 years of practice are you satisfied that our legal profession is still on the right track and keeping abreast of international standards?
TD: We have lawyers in Jamaica who can compare with anyone outside Jamaica, we have excellent practitioners. My concern is that in recent years some members of the profession have let down their colleagues. We now frequently see where some of them are struck off the register, it's not good for the country or the profession. The General Legal Council of the Bar Association has had to adjudicate on many clients' complaints. Many of these clients give our practice a bad reputation but we have a good profession with good people of integrity and ability.
BE: The law firm of NSD are specialists in ...?
TD: We do practically every field of law, but we have strong areas. The only facet of law we do not do as a general rule is criminal law, we took a decision not to do much of it; we do it for some special circumstances and would not send a client away of they required our services in this area.
BE: In your years of practice, from what have you derived most satisfaction and is there one outstanding case of which you are particularly proud?
TD: I enjoy my practice and working with people and it gives me a good feeling when I represent a client and feel I have achieved that client's goals despite being paid for it. That's not the primary goal. Of course we run a business for profit but our primary goal is to serve clients and show care and concern.
Some years ago our litigation department performed legal service for Jeffrey Young who suffered terribly from an accident which left him permanently paralysed and we got the substantial award of $34 million plus interest for him. That was satisfying because his disability was permanent.
BE: On the question of lawyers being so conservative, why is that so; is it illegal for you to advertise?
TD: I support it, but the Legal Profession Act was amended about 10 years ago giving us a little more flexibility for advertising but there are still many restrictions. Some lawyers do limited advertising but most of us refrain from it. It has been our custom from as far as I can recall, unlike the United States.
BE: Do law firms compete against each other?
TD: Certainly, but in an ethical way; we have excellent relationships with other firms and statutory bodies; we give feedback to Government agencies and when we criticise, which we do from time to time, it is with the motive to help.
BE: How do you see the potential for expansion in the legal fraternity in the immediate future?
TD: That's difficult to say but there are factors such as attrition, migration and death; it's true to say more are graduating than those leaving the profession but one hopes the economy and business in Jamaica can absorb them. Government agencies take some of the graduates and some go into business and banking.
BE: You are running a business and you were obviously affected by the financial crisis of the '90s, but didn't you also benefit from it with all the troubled entities needing the service you offer?
TD: We were not as badly affected as others but we felt some effect with the bankers taking the brunt of the shock. The real estate development waned but it's improving now. It was a major blow to the entire country.
BE: As a former deputy chairman and subsequently chairman of Eagle Commercial Bank - one of the banks that failed during that period of crisis, do you think that our sector has fully recovered?
TD: First, the sector is healthy at the moment. Just look at some of the published statements. The banks are strong in asset base, net asset base and profitability is soaring except for two which have just levelled off. Banks have been making good profit in the past few years and that's a sign of recovery. They have learnt from their mistakes which was that going outside of core banking function meant failure.
It was costly to the taxpayer/country and I don't think Government knew when it took the decision with the FINSAC assistance that the fallout was to be so expensive. The central bank, which may have been lax at the time, is now scrutinising all institutions in keeping with the law and there are monitoring systems to ensure compliance with liquidity ratio and other ingredients necessary to keep banks stable, and protect shareholders and the country.
I have concerns because the position taken with regard to the high interest rate is one which should have trended downwards several months ago. I know it was not possible two years ago but in the past several months Government has been reducing interest rates deliberately to improve productivity and the economy and I think the banks are taking too long to lower theirs.
BE: What figure do you have in mind for lowering interest rates?
TD: About 14-16 per cent over the next 12-24 months depending on the growth of the economy and the stability of the dollar.
BE: How does the current crime wave impact on your business?
TD: Crime impacts on every Jamaican; I feel that we have the most beautiful country in the world and the people are a great set of nationals. Unfortunately a small percentage of our population is creating this scourge. It makes the job of Government difficult and the lives of individuals at work and home very difficult and stressful - this is more so for women and children. The recent spate of crime is like a plague on us; it needs to be addressed quickly or failure to do so will have major and adverse repercussions.
BE: As someone with your considerable experience, are there any current pieces of legislation that you think need to be amended, corrected or fixed with urgency?
TD: Yes, the two main acts that govern the business of real estate in Jamaica: The Registration of Titles Act and the Registration (Strata Titles) Act. The former governs the registration of land in Jamaica and other related maters such as mortgaging and leasing. The conveyancing committee of the JBA has, over the years, made written proposal for certain amendments which will hopefully be considered early
The latter act is in a worse situation, because there has been a bill in existence for close to 10 years and it has been debated back and forth and the amendments are necessary because there are certain provisions in the act that are disastrous. There are four areas that require unanimity of all the proprietors (apartment owners) and it's impossible to get unanimity. The effect is that the act has no teeth in certain areas such as the recovery of unpaid maintenance charges and the mandatory comprehensive insurance coverage required to be effected by the executive committee of the strata corporation.
Failure of the Government to amend the act creates a situation where the strata lot has problems of marketability and mortgageability because many of the complexes suffer from delinquent owners resulting in that complex being run down and there are water lock-offs, uninsured buildings and so on.
BE: Are lawyers' rates set?
TD: In the old days we were governed by the solicitor's law scale of fees fixed by the Jamaica Law Society of Jamaica (now (JBA). With fusion of the profession and the Fair Competition Act, that methodology of fixed fees has completely disappeared. However, not unlike other professions, lawyers are entitled to charge fees as they see fit; if these are exorbitant the General Legal Council may hear a complaint from a client who is affected. But most firms have an in-house scale by which they are guided and this depends on the time, effort, energy benefits to the client. Like other jurisdictions, a substantial part of the charges is for time spent on the case; others are guided by the practitioner's scale and could be flexible depending on the transaction.
BE: Is retirement in the cards for you?
TD: Retirement is not on my immediate horizon even though one has to plan for it and give space to younger partners and associates for the firm's continuity.
