Bar Association calls for urgent reform of attorney disciplinary system

President of the Barbados Bar Association (BBA), Kaye Williams, is calling for urgent reform of the disciplinary process for attorneys, declaring the current lack of resources “wholly unacceptable”.

Her statement, issued on Wednesday, follows concern expressed by Chief Justice Leslie Haynes about the prolonged delay in the submission of a Disciplinary Committee report on attorney Vonda Pile, who was convicted of theft and jailed in 2019 for stealing a client’s funds.

Chair of the Disciplinary Committee of the BBA, Rita Evans, told the Court of Appeal on Monday that a shortage of resources — including the absence of a computer-aided transcriptionist and just one secretary to manage the committee’s daily operations — had contributed to the delay.

Williams said the existing system is failing to serve justice or the public interest.

“The disciplinary arm of the Bar is completely independent of the Bar Association, as it should be, but currently it does not serve justice. It does not serve the public interest. It must change,” she said in a statement on Wednesday.

“A complaint should never be delayed for years. Where an attorney has been convicted of a criminal offence, there must be provisions in place for either automatic or very swift sanctions.”

Noting that the disciplinary bodies for the legal, medical, and dental professions are all funded by government to preserve their independence, Williams said this is undermined if those entities are not properly resourced.

“Any process to sanction an attorney must strictly adhere to the principles of natural justice. Due process is essential, but when the system becomes inordinately lengthy or appears opaque due to lack of funding, it creates a dangerous perception that serious wrongdoing, even criminal conduct, can occur without consequence,” she said.

Williams also warned that ongoing efforts to establish an expanded regulatory body for lawyers could worsen the situation unless adequate funding is secured.

“Only last week, meetings were held as government is seeking to establish an expanded regulatory body for lawyers. If there are no resources, this will lead to an untenable situation of even greater frustration and backlog,” she said. “If there are no resources, this will lead to an untenable situation of even greater frustration and backlog. Complaints will be even further delayed.”

Describing the existing structure as “mired in complexity and delay,” Williams said the time for reform was long overdue. She noted that the BBA has, for years, urged authorities to prioritise amendments to the Disciplinary Committee as a matter of public interest and professional accountability.

“The legal profession must be held to the highest standards, and the disciplinary process must reflect that principle—not only in theory, but in practice. The public deserves a process that is transparent, fair, and timely,” she said. (BT)