Letter to the Commonwealth Lawyers Association

Dear Commonwealth Lawyers Association,

I find myself receiving communications via public press releases on matters concerning our Samoa Law Society.

Firstly, through Madam President’s Press Release dated 1 October 2025 when the members of the Samoa Law Society were informed together with the rest of the world of concerns held by Madam President. And now for a second time, I find myself yet again being addressed via a Press Release and this time it is by you – the Commonwealth Lawyers Association – in your Press Release dated 3 October 2025.

This is my response.

Firstly (and despite many members of the Samoa Law Society saying otherwise), the esteemed opinion of the Commonwealth Lawyers Association that it is not necessary to consult us before a Press Release is issued in our name.

In what universe does a lawyer from another country presume to tell me – a lawyer in Samoa raising a concern about a matter in Samoa with the President of the Samoa Law Society – in what universe does a lawyer from another jurisdiction presume to tell me what does or does not require consultation?

You, the Commonwealth Lawyers Association, have no idea of the context of the issue in question. Only lawyers in Samoa understand. And we may disagree on what action to take but at the end of the day, the lawyers in Samoa will decide for ourselves what is the best course of action for our own law society.

My concern and those of other members expressed online was about the lack of consultation or a discussion having taken place at all, prior to the issuing of the Press Release dated 1 October 2025 by Madam President.

So your opinion that there is no requirement at all for consultation displays arrogance and a superiority complex to think you can tell me what issue is worthy of consultation in my own law society and in my own country.

This sort of attitude hasn’t been in style in Samoa since before 1 January 1962 and so if there was a salient point to your message, find a better way to deliver it as it got lost in the absolute condescension.

Secondly, your comment that consultation leads to inertia & that Madam President has been unfairly criticized.

The Prime Minister of Samoa announced his Ministerial Portfolios on 16 September 2025, and it took Madam President 2 weeks to prepare and release this Press Release concerning those Ministerial Portfolios.

Within that 2-week period during which Madam President must’ve been working on her Press Release, could she not have spared us an hour or two to meet with us or to send a simple email seeking our views?

One can take 2wks to finalise a PR but an email to members will “cause inertia or paralysis of action”?

Come now. Please don’t add insult to injury.

I was disappointed before but now I’m insulted that you think this so-called justification for not consulting us will fly.

The Commonwealth Lawyers Association appears to portray Madam President as the victim in this matter. She is not. She is the President of the Samoa Law Society and with great power comes great responsibility.

Members have expressed concerns about not being consulted and have asked questions about her ability to lead. As with all elected leaders, she must answer to and be held accountable by her constituents.

As you noted in your Press Release, the Government of Samoa and the Attorney General of Samoa have no issues with Madam President’s Press Release.

But we do. There are members with concerns. And so essentially your Press Release is an attempt to shield our President from her own members’ criticisms, but she is accountable to us, not to you. And the fact that members’ concerns were expressed in public is solely due to her choice to communicate to members via a public press release.

So just as we all support the ability of the Samoa Law Society to speak robustly on issues in Samoa, you must also support our ability to speak robustly to our own President. Or is this not a two-way street? Have we misunderstood the principles of accountability all these many years?

This brings me to my third point.

The Commonwealth Lawyers Association’s Press Release relies heavily on the statutory mandate & functions of the Samoa Law Society to vindicate the decision by Madam President to issue that Press Release dated 1 October 2025 without consulting its members, and you state that the Samoa Law Society is mandated by law “to promote and encourage the maintenance of the rule of law and the development of the laws of Samoa” and that no consultation is required under this law to exercise those functions.

I commend your ability to read a statute. Noone denies that that is our mandate. Our concern is how that mandate was exercised. I’m sure in each of your jurisdictions, there are societal norms in how people interact and so it is in Samoa where we place great importance on consultation and discussion in our culture.

Clearly you did no research on our culture before you presumed to tell me about my society. I won’t make that mistake with you to presume to know about your countries or your cultures.

Although, I find it hard to believe that there are lawyers out there who are only too happy to be left in the dark on matters of significance to them, however if that is the case in your jurisdictions I would never presume to lecture you to the contrary.

I only ask that you extend the same courtesy to us, and so when members of the law society in Samoa say they think this is issue they should have been consulted on, the correct response is to say “ok” and then you move on with your day instead of presuming to lecture me that I have no statutory right to demand consultation from my own President of our own Samoa Law Society.

My last point is to our Madam President.

Dear Fiona Ey,
President of the Samoa Law Society,

The issue from the start which has been exacerbated by this tone deaf Press Release from the Commonwealth Lawyers Association is a lack of consultation with us, the members. Call a meeting for our society urgently, let us discuss matters face to face as we should have done from the start.

I am only responding in public because sadly this has been your forum of choice from the start and especially after seeing this extremely presumptuous & patronizing attempt by the Commonwealth Lawyers Association to reproach our members so publicly.

I trust I will be seeing you at an urgent members’ meeting soon.

I wish you all a peaceful Sunday.

Maposua Tanya Toailoa
A member of the Samoa Law Society