CJ calls for complaints against lawyers to be dealt with more speedily
By Jenique Belgrave
Chief Justice Sir Patterson Cheltenham is calling for an amendment to the Legal Profession Act to allow for swifter justice for clients whose funds have been misappropriated by their attorneys.
Admitting that this remained an area of “constant complaint and disappointment” both here and overseas, he said it is necessary to create a body that can address these legal matters more quickly than they are dealt with currently.
“The solution to this problem, in my view, is to replace the current system of discipline with a new body led by a legally trained chairman – a retired judge is one possibility – and comprising of members of the public and legal profession. It has to be properly funded and staffed in order to evaluate all complaints made with dispatch and fairness to all involved,” he said.
Sir Patterson said the current arrangement “does not respond with sufficient speed to the needs of complainants and attorneys at law”.
Stating that there were reports that a new Legal Profession Act was in draft, the Chief Justice said: “I see no reason why pending its arrival there cannot be an amendment to the current act that captures all the suggestions made.”
Warning new attorneys not to become part of this “deplorable chicanery”, he advised that they separate their personal and clients’ accounts. He stressed that at all times, they must hand over funds entrusted to them as directed.
Sir Patterson was speaking in Supreme Court No. 1 as 48 lawyers were admitted to the Bar.
The spokesperson for the new attorneys, Shakira Emtage called it a source of embarrassment for the group that while studying at the Hugh Wooding Law School in Trinidad and Tobago, all of the case law on the misappropriation of clients’ funds had come from Barbados.
She urged that within their respective practices “we must always keep separate accounts”.
Emtage also insisted that as lawyers, the focus would remain on ensuring that the wheels of justice turned, especially for those who often were left with feelings of frustration, rage and impotence when their voices were not being heard.
Addressing the attorneys, Acting Attorney General Wilfred Abrahams expressed “distress” over the low number of males entering the profession, as there were only eight in this latest group of lawyers.
He said this was having a direct impact on the number of criminal lawyers as, historically, these were often men. Abrahams encouraged more men to come forward.
“While there are many attorneys in Barbados – probably per capita we have the highest incidence of attorneys working – the fact is when it comes to a criminal matter, the same three, four or five names are heard. The same three, four or five names are made to appear next to each case,” he said, adding that if these individuals were unavailable, many cases within the criminal courts would have to be adjourned.
Abrahams urged the group to embrace continuous learning, noting that the profession today was vastly different from a decade ago.
He further urged them to remain humble.
“Do not expect to get rich quickly; that lands you in trouble. You and your attitude are going to determine exactly where you end up. There are many stories – we hear them every single year – of new attorneys who have just been called and they go out there with all of the attitude in the world, and instead of making friends, you make enemies…. How you treat others in this profession will determine how people treat you,” he added.
jeniquebelgrave@barbadostoday.bb
