#BTEditorial – Protecting the image of the legal profession

If there were national rankings for the most important and worthy professions, attorneys-at-law would be right up in the top echelons. It is a career that requires years of study and training, and those who reach the heights are well rewarded financially and generally admired by the community.

The Canadian Judicial Council describes the role of lawyers as simply to guide their clients though the judicial system. They act as advisors in legal disputes, work within corporations, governmental and non-governmental organisations, and others choose to focus on defending their clients’ interests in court in criminal and civil matters.

In addition to representing their clients in court, lawyers also offer advice to their clients, do legal research and draft legal documents.

It is still the dream of many young Barbadian boys and girls to become a lawyer. They feel that way not only due to the perceived financial gain, but because they want to defend the rights of those who have no voice, who require others to stand in the breach against abuse of power and to ensure fair treatment for all.

Despite their standing and importance to several aspects of our lives, the noble profession is still the subject of unflattering comments that often question their integrity.

And in recent times, several attorneys have found themselves on the wrong side of the law. Some have been convicted, disbarred, and some, unfortunately, have even been jailed.

During a recent call-in radio programme, an interesting perspective was offered by a member of the Barbados Bar Association, which has some credibility. She argued that many attorneys are brilliant at the law but are woeful in the management of their businesses.

The fact is that unless new attorneys can find a place in established law firms or corporate entity, they are forced to launch their own practices. There is no denying that Barbados is teeming with lawyers and competition is fierce. It is estimated that there are more than 1, 500 lawyers and the roll keeps growing each year.

In addition to hiring the services of a secretary, legal clerk, and possibly a messenger, they must have someone to take care of their accounting, while they do legal research, which is a natural part of the practice of law, maintain communication with clients, ensure they make enough to pay employees, rent, and other expenditure, and the list goes on.

Unfortunately, some attorneys find it difficult to manage all those responsibilities. And unless they are able to proficiently manage their law practices or can hire the resources to ensure such, they can find themselves dipping into their clients’ accounts when cash flow issues arise.

This is not an excuse for unethical behaviour, but it is a critical factor that exists that lawyers need to discuss more openly and frankly. Young lawyers should not be fooled into thinking that they are going to become wealthy overnight or even at all.

In 2020, prominent attorney Marguerite Woodstock Riley QC, who was called to the Bar in Barbados, Jamaica and Trinidad and Tobago, and who was working on reform of disciplinary procedures for attorneys, argued that there were options which could be pursued to rebuild the name of the profession which has become sullied by some bad actors.

“The proposal is to take the funds out of the hands of lawyers. Real estate transactions – withholding funds is clearly the area of most, if not all, of the cases of disbarment. There is a reasonable solution, and it is pursued in personal injury claims where the payee writes two cheques – one to the attorney and one to the client, so the attorney does not have the client’s funds.

“The reality is there should be no objection to not having those funds once your fees are secured or any expense that you had. Whatever complications that may arise . . . creative solutions should be considered.” Woodstock-Riley contended.

She was speaking at an IMPACT Justice virtual public lecture on disciplinary procedures for attorneys titled: Does One Bad Apple Spoil the Whole Bunch? Protecting Against That Bad Apple.

During that session, she knocked a long-held belief that it was young entrants to the legal profession who were finding themselves entangled in unethical and sometimes illegal practices. In fact, she cautioned that it was often “senior attorneys” with “substantial practices” as she questioned why they were in the position they found themselves in.

What we are absolutely sure about is that lawyers must be held to the highest standards. At the same time, it is in the interest of the profession and the clients that it serves, that there be continuous training in the management of their business. This is as essential for all attorneys as is their expertise in the law.