Legal Profession Bill outlining new rules, requirements with AG, Bar

By Emmanuel Joseph

The first draft of a new law to govern the legal profession is now in the hands of Attorney General Dale Marshall and the Barbados Bar Association (BBA) for feedback.

New accounting rules and requirements for continuing legal education are among provisions of the draft Legal Profession Bill, which was handed over during a private reception at Sandals Royal in Maxwell, Christ Church, by former Chief Justice of Barbados Sir David Simmons in his capacity as chairman of the Law Reform Commission.

During the event attended by legal luminaries, including BBA president Kaye Williams, former Chief Justice Sir Marston Gibson, Justices of the High Court Cicely Chase and Fiona Hinds, and Director of Public Prosecutions Donna Babb-Agard, Sir David addressed key aspects of the proposed legislation.

However, he suggested the commission did not believe some of what was being proposed could be implemented immediately.

“Indeed, we see that perhaps the accounting rules and the provisions for continuing legal education will probably require 18 months to two years before you can effectively implement it,” Sir David advised.

He urged the Bar Association and the Bar Council to organise seminars and workshops during this period to familiarise members with the forthcoming legal changes.

“There are a number of policy matters in the bill which require your direction,” the former chief justice said. “The Law Reform Commission does not purport to foist anything on you. When you are finished, we would wish you to come back to us with a group, four or five from your side, to meet with the Law Reform Commission, and let us go through your recommendations for reform.”

Sir David highlighted that the proposed Legal Profession Bill would permit attorneys to incorporate professional legal companies for practice. He further called for constructive input from bar association members, setting a deadline of February next year for comments and suggestions.

The legal luminary who served as Attorney General twice between 1986 and 2001, predicted that the next year would be “transformative” for the legal profession.

He underscored the significance of introducing new accounting rules within the Legal Profession Bill and stressed that continuing education for lawyers was “important if the profession is to remain viable and relevant”.

The reception at which the draft legislation was handed over also marked the 50th anniversary of the fusion of solicitors and barristers into a single designation – attorney-at-law – and celebrated the 83rd anniversary of the Barbados Bar Association Act of 1940 which established the body.

Addressing the new lawyers admitted to the bar this year, Williams encouraged them to invest in themselves and their profession.

“You can imagine that 50 years ago in 1973, the legal landscape looked very different to what it is today,” she said. “Even as we welcome the 2023 cohort, we are looking forward to another 50 years or more because that Legal Profession Act that has served us for the past 50 years, is likely to be revised.”

The event concluded with Williams presenting the Bar Association’s prize for Most Outstanding Student to Shakira Emtage-Cave.

emmanueljoseph@barbadostoday.bb