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Embassy Counsel to Pay Punitive Damages
On May 27, 2005, the number two court in the United States confirmed the assessment of punitive damages against an attorney who had agreed to represent Rwanda in a lobby matter shortly before the Rwandan embassy in Washington was closed and the diplomats were sent home by note verbale. Under a new agreement, the lawyer was to assist embassy personnel with immigration issues. The new Rwandan government demanded a refund of advances paid and later sued the lawyer to recover its payments.
The court confirmed the lower decision which held that the lawyer improperly refused the refund, ignored a conflict of interest in representing the diplomats personally when their government was the client, misrepresented the work performed and fees earned and participated in the violation of fiduciary duties.
While the court confirmed the assessment of punitive damages and the requirement to refund fees, its decision in the matter of The Government of Rwanda v. Robert Winthrop Johnson II, 04-7044, 04-7067, appears lenient.
- by Clemens Kochinke, Berliner, Corcoran & Rowe, LLP, Washington, DC.
Sat, / / Embassy Law Link
