Amended law to hold crooked lawyers accountable

BRIDGETOWN (CMC):

The Legal Professions Act is being re-examined for the first time in half a century and Chief Justice Leslie Haynes has put lawyers on notice that the amended legislation will hold them more accountable.

Addressing 53 new attorneys who were admitted to the bar in Barbados, he said considerations of a new Legal Professions Act were “well advanced”.

“The time is ripe for us to consider the requirements for admission to the local bar, as well as, and in some instances more importantly, the process by which those have gone astray are removed. The present provisions for the profession to maintain its accountability and defend its processes are cumbersome and outdated,” Haynes said.

“We, as the judiciary of Barbados, urge you who are being admitted to the bar today to stay within acceptable lines of conduct. With the expected changes to the Act, you will be held accountable when you fall below the accepted standard.”

The chief justice urged the new lawyers to ensure their reputation was above reproach.

Against the background of several attorneys in recent times being jailed for misappropriating clients’ money, Marshall said, “You must see clients’ funds and leave them alone. Communicate with your clients and gain a reputation for being responsive. There is a saying that a reputation takes 20 years to build, but it only takes five minutes to ruin,” he stated.

Attorney General Dale Marshall also urged the new lawyers to help erase the stain on the profession caused by the actions of a few unscrupulous attorneys.

“Lawyers have always been maligned. More often than not, unfairly so. But well-publicised incidents involving attorneys and their handling of client’s money, generally involving jail terms, have served to even further cement the perception commonly held that lawyers are dishonest. Three or four bad apples have tainted the reputation of a profession that currently has over 1,000 practitioners in this island. We have to erase that taint, all of us,” he said.

The attorney general expressed regret that some lawyers had become known for not working on their clients matters with dispatch. He reminded the new lawyers that the interest of the client is paramount.

“You are engaged to provide a service to a client. For that service, you are entitled to a fair fee, nothing more. You serve the client, and you must do so to the best of your ability. And if you cannot handle a matter, be courageous enough to admit that it is beyond your skill-set and either ask the client to go elsewhere, or seek advice from an attorney who has those skills. Your client is important; your interests are entirely secondary,” Marshall said.