Attorney General sounds alarm over legal system shortages

Attorney General Wilfred Abrahams has raised concerns about a shortage of criminal defence attorneys and legislative drafters, warning that the shortfall is hampering the administration of justice and the government’s legislative agenda.

Addressing newly admitted attorneys-at-law during call-to-the-bar proceedings at the Supreme Court on Friday morning, Abrahams urged them to consider these areas of practice, saying the island’s legal system was facing mounting pressure from capacity constraints and a diminishing pool of specialised talent.

He pointed to the persistent backlog of court cases, attributing many of the delays to an insufficient number of lawyers willing to take on criminal cases, handle Magistrates’ Court matters and represent litigants.

“You all know the lawyers who were at the forefront of the criminal bar. You keep hearing the same names for cases, and that is good; it shows we have lawyers of top quality in Barbados, but it also hamstrings our core agenda. We need more persons practising criminal law, and we need more persons practising in the Magistrates’ Court.” 

Attorney General Wilfred Abrahams (File Photo)

Abrahams said reducing the backlog required a generational shift in how young practitioners viewed career specialisation.

While many newly qualified lawyers gravitated towards lucrative corporate, commercial or civil practice, he said the criminal justice system urgently needed fresh legal talent to ensure equitable access to justice, uphold the rule of law and protect defendants’ constitutional rights.

He added that reliance on a handful of veteran defence attorneys had left the system stretched, creating bottlenecks in the Magistrates’ Courts and the High Court.

“The Chief Justice will say we need more attorneys practising in the High Court as well,” Abrahams said. “It is a reality. It is a fact.”

The Attorney General also highlighted a shortage of qualified legislative drafters, warning that the government’s ambitious legislative agenda was being hampered by the limited pool of specialists.

The shortfall, he explained, restricted the state’s ability to enact crucial statutory reforms in a timely manner, while offering aspiring lawyers a promising career path through specialised certification.

“Our legislative agenda is completely hamstrung by the fact that we have too few drafters. So a word to the wise: if you were contemplating getting your certification in legislative drafting, and you were contemplating doing it within the next year to 18 months, I suggest to you that your job prospects are rosy, at least to the government.”

Abrahams said application reviews had revealed hesitation among incoming lawyers about pursuing criminal practice, with some indicating that they intended to bypass the magistrates’ courts or avoid criminal law altogether.

“I noted with interest… there was a specific question, two questions… and one question was, do you intend to practice in the Magistrates’ Court? I saw some people answer ‘yes’, straight off the bat. And I saw some people dodge the question… And then the question was, do you intend to practice criminal law? We have a problem,” Abrahams remarked.

He encouraged the newly called attorneys to consider practising in the criminal courts or obtaining legislative drafting certifications, saying they could help address the challenges facing Barbados’ legal system and support a more efficient administration of justice.

(RR)