Barbados Bar Association (BBA) president Larry Smith says their recent public notices regarding unqualified practitioners were not issued to protect the market share of lawyers, but to shield the public from serious risk.
Speaking at a press conference yesterday at the BBA’s offices in Perry Gap, St Michael, he addressed the motivation behind the association’s warnings, emphasising that their duty was to protect the public and the integrity of the administration of justice, not the financial interests of members.
“Some may wonder whether the Council is acting to protect the livelihoods of its members, to guard market share, as it were. We want to be direct. This is not what this is about,” Smith, a King’s Counsel, stated. “When we are made aware of conduct by individuals that may place members of the public at risk of harm – financial harm, legal harm, the loss of rights they may never recover – we will speak out and act.”
Recently, the BBA issued three advertisements warning the public about utilising legal services from people who were not attorneys.
Code of ethics
Highlighting the dangers of doing so, Smith said while lawyers were bound by a code of ethics and disciplinary oversight – offering clients the ability to seek redress for incompetence or misconduct – unqualified individuals operated without such safeguards.
“Critically, if something goes wrong, you may be left without recourse. This is not a theoretical risk. These are real consequences that real people face,” he warned.
He urged members of the public to verify the credentials of anyone offering legal services by asking to see a practising certificate. “If you need legal help, please seek out a qualified attorney at law. Ask to see their practising certificate. You are entitled to do so.”
Fielding questions from the media, Smith addressed queries regarding the association’s next steps and potential law enforcement involvement.
When asked if the BBA had engaged the police regarding individuals holding themselves out as attorneys, he remained tight-lipped, citing propriety.
“As you would appreciate, if we have spoken to the police, then I wouldn’t be at liberty to discuss this . . . . I think that . . . would be improper.”
The president said that the BBA was not in possession of the letter published in yesterday’s Weekend Nation which listed Democratic Labour Party member and teacher Quincy Jones as an attorney, but he also refused to say why the BBA listed Jones as one of the parties in its advertisement who was not an attorney.
He also addressed a demand letter sent by Winston Clarke to the BBA, another individual which the BBA also listed in its advertisement as not having a licence to practise law. He confirmed that the BBA Council was treating the correspondence as a pre-action protocol letter – the formal step preceding legal proceedings – and that a response was being finalised.
“I think our response would be going out to him, if it hasn’t already gone out to him,” Smith said. “If his letter is in the pre-action protocol letter, which is how the council is treating it, then . . . we have responded.”
Asked if the high cost of legal services was driving people toward unqualified practitioners, Smith, while acknowledging cost was a factor, dismissed the notion that financial constraints justified bypassing the law. He suggested that the solution laid in strengthening Government support rather than tolerating unqualified practice.
“We have made representations that the legal aid scheme should be expanded in a number of ways,” he said, noting that such expansion was ultimately a decision for Parliament.
When pressed on the issue of “McKenzie friends” – lay people who assist litigants in court – Smith declined to comment, stating that the matter was sub judice (currently before the courts).
“We like structure . . . and we follow rules. In due course, when the court has made its ruling and if there’s a need for the Barbados Bar Association to make a comment or statement, we will do so then.”
Regarding the penalties for impersonating an attorney – currently set at a fine of $5 000 or a year in prison – Smith indicated that the ongoing legislative review would likely address whether these punishments remain sufficient deterrents.
Misappropriation
Addressing the recent conviction of an attorney for misappropriation of funds, the BBA president clarified the distinction between the BBA and the Disciplinary Committee. He explained that the Committee acted independently of the association to ensure fairness in adjudicating complaints against attorneys.
“The Disciplinary Committee is an independent statutory body. It is not controlled by the council of the Barbados Bar Association,” he stressed.
He noted that the BBA was currently working with Government to amend the Legal Profession Act to enhance accountability and strengthen continuing legal education requirements.
“The Council reaffirms its commitment to initiating and pursuing disciplinary proceedings against its members in appropriate cases as part of its broader responsibility to maintain public confidence in the administration of justice and the integrity of the profession,” he stated.
Also in attendance at the press conference were BBA secretary Akeem Rowe, assistant secretary Kishan Wood, and Council members Mary Haynes, KC, and Laura Harvey-Read. (MB)
