Abuse of Language and Trust: Lawyers in Aruba and Unfair Practices

In Aruba, where Dutch is the official legal language, many residents are in a vulnerable position. The majority of the population speaks Papiamentu, English or Spanish as their native language and have limited knowledge of Dutch. This creates an uneven playing field in legal matters, and some lawyers take advantage of this.

The Problem

There are cases of lawyers deliberately giving misinformation to their clients. They promise them a high probability of success in lawsuits, when internally they know that the probability of a positive outcome is small or even zero. This problem is compounded by:

1. Language barrier: Many clients cannot fully understand legal documents drafted in Dutch. Lawyers therefore have a position of control and can use it to provide false information.
2. Lack of Transparency: Lawyers often use legal jargon and complicated terms. As a result, clients rely entirely on their lawyer's interpretation and explanations, making them vulnerable.
3. Insufficient Supervision: Although lawyers in Aruba are under the supervision of the Bar Association, complaints of deception or incompetence are often not adequately investigated or resolved.

Findings with the Bar Association

The Aruba Bar Association has strict rules of conduct that lawyers must adhere to. Clients who feel misled can take the following steps:

1. Filing a complaint with the Supervisory Board
   • Clients may file a complaint with the Supervisory Board of the Aruba Bar Association. The complaint must contain the specific allegations, including evidence of the lawyer's deception or unethical conduct.
2. Disciplinary Action
   • The Board of Discipline handles these complaints and can punish lawyers with sanctions such as warnings, fines, suspensions or even disbarment.
3. Civil Claim for Malpractice
   • If a client has been harmed by the lawyer's actions, he or she can file a civil lawsuit for legal malpractice. In doing so, it must be shown that:
     • The lawyer breached his duty.
     • This directly resulted in harm to the client.
4. Help from an Independent Advisor
   • It is strongly recommended that victims hire another lawyer or legal advisor to guide them in filing complaints or initiating legal proceedings.
5. Education through the Order
   • The Bar Association also provides assistance in informing clients of their rights and how to report legal malpractice.

What Further Can Be Done?

1. Access to Language Support
   • Lawyers and courts must provide available translations and interpreters so that clients fully understand what is happening.
2. Stricter Supervisory Measures
   • The Bar Association should conduct more proactive supervision and more frequent audits to ensure lawyers are acting ethically.
3. Public Education in Papiamentu
   • The general public should be educated on how to protect themselves from legal deception.
4. Sanctions for Repeated Violations.
   • Lawyers who repeatedly mislead clients should permanently lose their license to prevent further harm.

Conclusion and Call to Action.

Deception by lawyers harms not only the clients involved, but also confidence in the rule of law. The Aruba Bar Association has mechanisms in place to address this behavior, but clients must be aware of their rights and take steps to hold unethical lawyers accountable.

Let us work together for a justice system in Aruba that is fair, transparent and accessible to all residents, regardless of language or background.