Solicitor General defends millions paid to external firms; says State Counsel tackling hundreds of cases monthly

Solicitor General Nigel Hawke on Monday urged parliamentarians not to make the hiring of international law firms and foreign attorneys a political issue, saying it is necessary when engaged in highly technical matters on behalf of the State.

But at the same time, he has flagged the apparent disregard for the work done by State Counsel on a daily basis, calling out the Auditor General for his wording in yearly reports.

Hawke was appearing before the Parliamentary Public Accounts Committee (PAC) and was asked to comment on $99 million spent in 2019 by the former APNU+AFC government on legal fees to three external law firms and seven external attorneys.

According to the AG’s report, this was despite the Ministry of Legal Affairs having one Solicitor General, one Deputy Solicitor General, two Assistant Solicitor General and six State Counsel in its employ.

According to Hawke, it is a normal practice in Guyana, first-world countries, throughout CARICOM and the entire Commonwealth.

“… But when the report is put in this way… it gives the impression that the Solicitor General and his deputy and other officers do nothing,” Hawke said.

He noted, however, that on average there are 50 cases weekly and over 200 cases monthly that are handled by the AG’s Chambers on behalf of the State and although there was an increase from six State Counsel in 2019 to about 12 now, Hawke said the workload remains burdensome for a number of reasons.

“These State Counsel are just out of law school… when you look at the level of litigation the State faces now, it is unfair because what is not reflected in this report is the volume of work.

“I want to make the point that it is unfair for me and my staff when I see them working day in and day out for the Cooperative Republic of Guyana. And this is not about politics, whether PPP or APNU. We are professionals and we are there to do our work and we do not appreciate when it is flagged like this,” Hawke added.

Hawke was acting Solicitor General from 2013 to 2015 and became Solicitor General in 2016.

Reflecting on that experience in the post, he said millions of dollars continue to be expended annually on external firms and attorneys even now but endorsed it as a necessary practice.

“The 13 (State Counsel) we have are just out of law school. I have to take them in my arms and teach them every day. It will take time for us to develop the caliber we need.

“We need lawyers with particular expertise to aid the State… we don’t have for oil and gas in the Chamber so we hire oil and gas externally… we have to,” Hawke added.

Hawke said the issue is a perennial one that needs to be addressed collectively.