Standards for lawyers vary as widely in Indonesia as they do in most countries. But in Indonesia it can be unusually difficult to
distinguish the good from the bad.
So what criteria can you use to choose a good lawyer?
Bar Associations
There are multiple bar associations in Indonesia, the most prominent being PERADI and Ikadin. As discussed
in Disbarring Bad Lawyers and
especially in Case of Ida Bagus Wikantara, PERADI and Ikadin do try to
enforce ethical and educational standards.
But as Ida Bagus Wikantara himself told a reporter, “I can still practice my profession as a lawyer
by moving to another bar association aside from PERADI.”
So the first step might be to check your potential lawyer’s bar association card (which all lawyers are required to carry and to
show to the court before trial). If it is an association which accepts
lawyers rejected by PERADI or Ikadin, you might wonder why they chose to join one of the smaller bar associations instead of PERADI and Ikadin.
Referrals
Can your lawyer refer you to previous satisfied clients? And even if so, are you sure you can trust those “clients”?
Are the “clients” really clients, or are they, for instance, the brokers in real estate transactions?
Because scams against expatriates in Indonesian can get pretty elaborate with expatriates themselves taking part.
Most people who have been involved in a legal case will be happy to share their recommendations pro or con.
But also be aware that a lawyer’s satisfied client list is self-selected and certainly does not include expatriate former
clients who have fled Indonesia. Considering that probably 95% of expatriates who experience a serious loss at law leave Indonesia,
it is unlikely you will find many dissatisfied clients still here anyway.
Website Reviews
There aren’t any that we are aware of. At least until now; maybe Indonesian Law Advisory can eventually change that.
But still, you should do a thorough internet search to see if the name pops up anywhere.
A case in point...
Enquiries for recommendations of an honest lawyer at forums on Expat.Com
are answered by “Ubudian” with praise for Peter Johnson, as “[he has] been around for a very long time,
and if you Google them you'll find good reviews...happy clients.”
Peter Johnson has indeed been around for a very long time. I knew him and considered him a friend until I went to him for help in 2005
with a simple divorce which metastasized into the cases described in Uluwatu and Eleven Demons.
An internet search may turn up extensive articles for evaluation.
Also be aware that—as discussed also at Fitnah or Libel—that disatisfied clients
may be greatly constrained about what they dare to write on the internet about their experiences.
Does your lawyer speak English?
Not necessarily a good sign. It may mean that they are providing good and honest service also available to the expatriate community, but
on the other hand it may also mean that they have found a niche market in which they can use their skills in English
to fleece bewildered expatriates. Having almost exclusively expatriate clients might be cause for worry, but at the least they should
then have an extensive satisfied client list.
Ida Bagus Wikantara speaks fluent English. Austrindo Law Office—at one time the best known law office in Bali in which M. Rifan provided
services to expatriates—has now apparently split into two separate offices after numerous complaints from former clients. KantorKita’s Julie Edmonds served
prison time for embezzlement from her clients.
As discussed under FAQ Expat Spouse Law, websites and articles in English
may contain misinformation of which the great majority of Indonesian-speaking lawyers and police remain unaware.
If you don’t speak Indonesian, you have no choice, of course. But a lawyer‘s ability in English is not in itself a recommendation.
An example of why you should avoid predatory lawyers:
An expensive divorce
Alan, an Australian, and Eli, and Indonesian, had been married for seven years and had a six year old son when Eli filed for divorce.
Alan had worked hard building an air-conditioning consulting business in Bali and felt he was well on the way to securing enough
to retire with another few working years.
Alan and Eli each hired lawyers and were able to reach rough agreement about division of their assets, but then ran into difficulties
while discussing custody of their son.
The lawyers insisted that the two parties should not meet without the lawyers present due to the danger of one or the other side
making accusations of threats or intimidation which could lead to criminal charges. As time went on, the positions of the parties
only grew farther apart and their communication more acrimonious.
The issues about custody and division of assets expanded into full-blown court cases. The initial Pengadilan Negeri decision
was appealed to the Pengadilan Tinggi, then to the Mahkamah Agung. Lawyers fees mounted, then Alan’s lawyers told him—and
apparently Eli’s lawyers separately told her—that payments would have to be made, judges were demanding considerations for a
favorable judgment, and if they did not pay, they would lose their child.
Over $700,000 dollars later, the case and the money finally ran out. The Mahkamah Agung in the Peninjauan Kembali returned
a vague and useless decision. There were hardly enough assets left to fight over. Eli said she wanted to move to Australia with their son so he could go
to school and she could study bookkeeping. Alan agreed to pay for it; all he ever wanted in the first place was to get his son
to Australia where he could receive a better education.
Looking back now, Alan feels that both he and Eli were set up from the start. The golden ring of victory was always just out of reach,
just a few more steps and a few more dollars away, always almost within grasp before another set of complications rose up
causing another delay.
Alan has since met other clients of his former lawyers who claim they had similar experiences.
Guarantees of victory
We have discussed in several other chapters the problem of marketing for legal services: a lawyer who tells a potential client
plainly and honestly that their case is difficult often finds the client turning instead to a lawyer who tells them absolutely, for sure,
they can win.
In any civil law battle, both sides expect to win
or they would never have gone to court in the first place. But in every decision, at least one
side turns out to have been wrong. In cases as with Alan and Eli above, both sides lost.
Lawyers are prohibited by the Code of Ethics from guaranteeing victory, but many do it anyway.
Pessimistic about victory
Pessimism about victory might be honest, but it might also signify a couple of other potential problems:
- The lawyer has no real knowledge or experience in this matter, but is willing to try anyway. In many countries
a lawyer without expertise will refer the potential client to an associate with more knowledge in the field, but
since few attorneys in Indonesia specialize, it doesn’t usually happen in Indonesia.
Or
- The lawyer sees an opportunity to sell you out to the other side.
Or...
Maybe you have just met an honest and competent lawyer, and you really do have a weak case.