Chief Justice Patterson Cheltenham, Q.C. has warned that when it comes to the holding of client funds an attorney-at-law is a “trustee, never a beneficiary”.
And he has made it clear that a breach of this trust will always be viewed “without sympathy” by the court.
The new head of the island’s judiciary issued the stern warning today as he welcomed 32 new lawyers – 21 women and 11 men – to practice law in Barbados.
In recent months several attorneys have found themselves before the law courts for misappropriation of clients’ funds with two seasoned lawyers Vonda Pile and Cheraine Parris, being slapped with prison sentences.
“In addition to the pursuit of competence, new and older attorneys must be reminded and if need be, daily, that frequently in the course of duty funds imprest with a clear and unmistakable trust will be assigned to them.
“The trust is sacred. The attorney-at-law is a trustee; he is never; I repeat, he is never a beneficiary. These funds are to be held for the prescribed period to be delivered undiminished to the person or persons on whose behalf they are held. Deviation from this trust destroys the public confidence in the administration of justice, inflicts grave and intolerable pain on those affected and diminishes us all in the eyes of right-thinking members of society.
“Breach of trust is always viewed without sympathy to the courts and sanctions for deviation must reflect that prospective. You have been warned. Do not deviate,” the Chief Justice cautioned as he addressed the audience spread over three courtrooms to observe COVID-19 protocols.
He told the new cohort they were commencing their legal journey towards the end of 2020 which is “destined to be etched permanently in human memory”.
The pandemic, he explained had ushered disruption and upheaval in all spheres of human enterprise and the court has not been left unscathed. “Adjustments have had to be made to accommodate the new and pervasive reality of COVID-19. I welcome you into this new world of accelerating change and uncertainty.
“COVID-19 has starkly placed the issue – do we need to congregate physically to settle our legal differences squarely before those responsible for the delivery of legal services? The delivery of online of all manner of services has become commonplace among consumers. Is there any reason court services cannot go that path?
“COVID -19 brought a sense of urgency to the delivery of court services almost without murmur both Bench and Bar made the necessary adjustments to ensure that services were continued whether through the use of Zoom or Microsoft Teams or similar. It was found that certain matters were well-suited to the new method of engagement.”
The Chief Justice also told new attorneys that given the current climate, the economic environment that they will encounter will be difficult.
“Many of you may have had notions of the exotic type of law you prefer to practice. There will be a need to temper dreams with the harsh reality before you. What comes before a young attorney-at-law is a mix of luck and connectivity. However it comes, simply do it well,” he added.
Attorney General Dale Marshall also addressed the special sitting and like the Chief Justice admitted that 2020 has been a difficult year.
“We have been forced to re-think everything – how our systems function; how we work; how we study. The things that we once held to be immutable, have now been set aside in favour of COVID-friendly options. Technologies that we once refused to embrace, are now par for the course.
“It has affected how we govern. Our Cabinet frequently meets by Zoom; and from our next sitting of Parliament, we expect to be implementing remote attendance and participating by technological means.
“There can now be no reluctance by the justice system to fully embrace technology in the conduct of the dispensation of justice. Those who do not embrace this run the risk of being left behind,” he said.
He also pointed out that the services sector of which attorneys are a part has been significantly impacted by the pandemic.
“The landscape which presents itself to you . . . is one where much of our economic activity has dried up. And in any economic downturn, the services sectors are hardest hit, since much of those sectors offerings are optional. I have to tell you that lawyers are always optional.
“Law firms and offices the world over have had to take pay cuts or retrench valuable staff, just to be able to survive another day in the face of significantly declining revenue. Barbados is no different,” the Marshall said.
(fernellawedderburn@barbadostoday.bb)
