Lawyers dealing with white collar crime criticised for lack of basic skills

Cases handled by financial lawyers seen to be inexperienced in criminal law

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Lawyers specialised in criminal cases involving stock market violations have come under criticism from the state on lack of professional skill. A statement and memo submitted to the supervisory board of the Finnish Bar Association names six lawyers whose lack of expertise has been seen to encumber the criminal process.
     Early last year Deputy Prosecutor General Jorma Kalske sent a complaint to the supervisory board of the Bar Association, according to which lawyers in cases involving stock market crime were charging excessive fees.
     The office of the Prosecutor General, the highest prosecutor in the country, concluded that such massive fees were not justifiable even on the basis of special professional skills. In fact, it found that the opposite was true.
     
The new claims have led to a situation in which the supervisory board of the Bar Association will have to hold an extraordinary meeting in March.
     The board will decide if billing has followed the guidelines of good legal practice. At the same time it will take a stand on claims of professional shortcomings.
     
Fees charged in criminal cases involving stock and securities are many times those charged by lawyers in other criminal cases. One reason for this is that lawyers who have dealt with civil cases have continued to defend their familiar clients in criminal cases, charging the same fees as they do in business law.
     "There is a problematic development, in which lawyers specialised in civil law move over to cases of white collar crime, leading to a massive increase in court costs."
     According to the complaint, lawyers dealing with civil matters have no "special professional skills" that a lawyer dealing with criminal matters would lack.
     "On the contrary, shortcomings in criminal, and criminal process expertise appears to have caused harm in handling these criminal matters", says Deputy Prosecutor General Kalske, in a statement that was also signed by State Prosecutor Pekka Koponen.
     According to the memo, the lawyers tend to focus on matters that are insignificant from the point of view of criminal law.
     
The most severe criticism is directed at Kai Kotiranta, who has been involved in a number of securities cases, and who works for the Borenius & Kemppinen legal firm. According to the Deputy Prosecutor General, Kotiranta's "shortcomings in expertise in criminal law", were apparent in the trial involving TJ Group.
     Kalske makes reference to the defence presented by Kotiranta, which was based on a claim that Kotiranta's client could not be considered a party to the events, because he was "a private individual".
     "It is a basic premise of criminal law, that in crimes committed on behalf of a legal person, the statutory representatives of the company are responsible", Kalske states.
     
Also getting exceptionally severe criticism is Patrik Lindfors, a lawyer working for the Hannes Snellman office.
     Kalske says that Lindfors shows inadequate knowledge in both criminal law and procedural law.
     Slight positive recognition is given only to Ari Kantor of the firm Merilampi, Marttila, & Laitasalo, who has shown "special knowledge in these cases".
      However, even Kantor does not get a clean bill of health. Kalske writes that "even he has not fully internalised the basics of present-day criminal processes".


Previously in HS International Edition:
  TJ Group managers cleared of nearly all charges (27.1.2006)

Helsingin Sanomat