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Last Updated: Feb 13, 2017 - 1:45:37 AM |
Nassau, Bahamas - The following are remarks by Sen. The Hon. Allyson
Maynard Gibson, QC Attorney-General and Minister of Legal Affairs at
The Bahamas Bar Association First Training And Education Retreat, on
Friday, June 26th, 2015:
Thank you for inviting me to give remarks at this Bahamas Bar
Association retreat event under the theme - “The legal practice in a
21st century Bahamas”. Congratulations on holding this Retreat that
provides time for introspection, collegiality and strengthening of the
relationship between Bench and Bar.
Certainly any of you who have read any of Professor Richard Susskind’s
books know that he predicts “The End of Lawyers” (at least practice as
many of us know it) in his book by the same name. Much of what he
predicted has come true and rapid change continues. I find his concepts
exciting. Indeed, efficient administration of law firms opens the door
to lawyers having more time for “lawyering” and even greater development
of jurisprudence. Rapid changes in the law, as well as the
responsibility of “lawyer client privilege” in an increasingly intrusive
world, call for the highest standards of practice and training
(including continuing education).
We can all agree that education and training are key components in
development of local jurisprudence and generally the practice of law
within our country. What could be more important to our jurisprudence
than the continued advancement of membership of the Bar and bench,
towards the most noble of goals, the advocacy of the rule of law within
our Commonwealth?
Each of us has a responsibility to protect and undergird the Rule of law.
Colleagues, we are at a pivotal point in our Nation’s history. We have
accumulated a significant amount of local jurisprudence in most areas of
the practice of law. Indeed we are observing that our integration into
international regulatory frameworks brings with it the added
requirement that we extend our competencies into new areas of practice.
We are also experiencing more and more the call to open our doors to
allow non-nationals with unique competencies to be called to the Bar and
to practice, including in their own law firms in The Bahamas. This too
points to the need for training to assure highest standards pertain in
The Bahamas.
It is critical to our competitiveness as a country to promote that we,
the members of the Bar Association, continue to be competent and capable
of handling complex matters that may arise within our jurisdiction.
And, where necessary we can engage expertise from outside The Bahamas to
assist.Further, our Judges are more than capable of hearing submissions
on complex legal issues and give Rulings. It is within this context
that the Bar Association, since I was Secretary to Bar Council, has been
advocating for a Practicing Certificate. Since then colleagues said,
“Oh, we’ll never get it past those lawyers in Cabinet”. I’ve thought
about why ours is one of the few professions that does not mandate
continuing education – which is really what a practicing certificate is
all about. I’ve come to the conclusion that the real answer may be that
the Bar Association itself does not agree that continuing education
should be mandatory.
We recently passed the Medical Act. Doctors agreed with the importance
of continuing education. The same can be said about accountants,
engineers and architects. I urge upon you to embark upon a public
information campaign for lawyers and the general public so that there
also will be “ground up” support for this concept, expected in the 21st
century.“Those lawyers in Cabinet” are patriots who understand that in
the 21st century, we Bahamians must compete with counterparts around the
world. Like you, we embrace excellence.
The Bar Association must assure that all stakeholders understand why a
practicing certificate is being suggested. Mr. President and Council
members it is squarely within your remit and you are obligated to
conduct consultation with your members. Members it is squarely upon your
shoulders to provide comments. This is your Bar Association. You must
state whether you agree or disagree, why you agree or disagree and to
offer alternative solutions for consideration. I believe that, as in
other jurisdictions and other professions, continuing education will
indicate that we embrace excellence and professionalism. As an aside, I
look forward to receiving the comments from the Bar Association on the
Legal Profession Act. It does concern me that it has been suggested that
the hardworking Team at the Office of the Attorney General is holding
up this legislation when the fact is that the proverbial ball is in the
court of the Bar Council.
A progressive legal system requires that we also improve the
administration of justice. Both advocacy and the delivery of justice
must complement each other. We must also strive to improve on the
quality and time frame for the delivery of judgments being produced in
our courts. Remedying the inefficiencies found in the delivery of
justice must be a priority! Legal practitioners and their clients and
the reputation of The Bahamas are being adversely impacted by increasing
delays of the Supreme Court in producing judgments. I am advised that
in some courts judgments have been outstanding for more than four years.
I have been also advised that judgments in some interlocutory matters
have been outstanding for over one year. In many other jurisdictions
this would be considered judicial misconduct and an abuse of power! By
whatever yardstick is used, this is unacceptable and it reflects poorly
on our legal system! Bar Council and the Inner Bar must openly discuss
inefficiencies like this towards finding a solution! That is what is
required of a progressive legal system of which we are all stakeholders
with various interests!Again I want to impress upon the Bar Council that
it must continue to represent the interest of its membership towards
this end!
The question then becomes what can be done? I note that years ago the
President of the Court Appeal suggested that we establish a Judicial
Training Institute. During Sir Dennis Byron’s recent visit I had the
opportunity to discuss with him participation in the Caribbean Court of
Justice’s judicial training institute. Again, the voice of the Bar
Association must be heard in the matter.
We must also begin to address the Supreme Court Registry, which is in
dire need of evaluation, repair and process reengineering. A senior
member of the Bar, practicing in civil litigation, called me late last
night after Senate to urge me to speak about the Registry. That person
indicated a non-objection to me quoting them: “quite frankly the present
state of the registry leaves much to be desired and is an impediment
to the entire legal system!”
From the perspective of the practicing attorney we must always have in
mind the question ‘what does it mean to have a progressive legal
practice’? It means that attorneys must form an understanding of their
role in the efficient administration of justice. It always means that we
take care about what we represent and how we present whether or not we
are wearing our wig and gown. It means that members are more than ever
responsible for the efficient management of their legal matters and that
they are willing to improve on the quality of their legal
representation.
This means that there is a greater responsibility on the Bar to ensure
that its members are adequately equipped to perform as advocates. The
responsibility is on each and every one of you to serve as advocates for
and representatives of this noble profession and serving not only
yourselves but your fellow members bound by the tradition of excellence.
It is critical that we learn to appreciate the value of accreditation
and training as core mechanisms of self-regulation. The Bar must accept
that if one of its members is deemed incompetent or unethical then it is
a reflection on the entire membership. To allow for such a betrayal of
our fundamental principles as an institution tasked with stewardship of
the rule of law would betray the noble heritage and tradition of
excellence passed to us by our very learned seniors.
In this regard, what is required of the Bar is the active mentorship of
its junior members to be provided for by more senior members of the Bar
association. Senior members of the Bar should always try to make time
for mentoring of junior members as this is the only way to pass on our
unique legal traditions. Junior members should never be isolated or
deprived of the wisdom of the Bar’s senior membership. It is simply a
matter of the responsible preservation of the vast intellectual
resources within the Bar. Equally so, the junior members must also be
active participants in the development of the Bar. It is incumbent upon
them to bring the Bar into the 21st century with their knowledge of
technology innovations and their perspective on the practice of law
within the context of our modern society. These are contemporary times
and it is important that we adopt contemporary thinking to improve the
delivery of justice within our Commonwealth. Indeed there must be a
balance between the heritage found in the intellectual resources of the
senior membership and the innovation and contemporary perspectives of
the junior membership. It is important that we encourage and advance a
higher level of interfacing between the senior and junior membership.
Workshops and seminars such as this encourage that interfacing and
provide a platform for face-to-face mentoring and networking.
Fellow members, it is laudable that you have taken the time to come out
to this retreat because of the valuable resources that the Bar
association has made available to you. Many of the esteemed panelists
bring with them a wealth of knowledge and experience, which they have
and will share with you. I encourage you to listen attentively! It is
only left to each of you to put on your thinking caps and participate.
Whether or not you are 30 years at the Bar or a member of few months, we
value your contribution and comments
I encourage each and every one of you to pursue knowledge with the
intent of adopting a spirit of excellence in your advocacy and practice.
As members of the Bar, this is what the rest of society requires of
you. When you decided to become a member of The Bahamas Bar, I am
certain that each of you understood that practice at this Bar will
require incredible sacrifice, commitment and the full extent of your
competence. Today we are asking you to extend even further beyond those
limits. The end result will be a more fruitful and rewarding experience
for both you and your clients. Indeed the entire Commonwealth of The
Bahamas will benefit from an improvement in the quality of your service.
I thank the members of the Bench and Bar who have worked with my Team
and me in pursuit of excellence in the administration of justice.
Bar Council I thank you for your hard work over the past year. I think
we can all acknowledge that membership on the Bar Council requires hard
work and dedication to the community, which it serves. There is a
synthesis of responsibility to Bar membership and responsibility to
community because it is key not only that we help members to grow and
develop but also that you serve the wider community. Indeed it is
fundamental to the relevance and effectiveness of the Bar as a pillar
strengthening the application of the rule of law undergirding the
pillars of our democracy.
Thank you for your attention and I wish each of you a productive retreat!
© Copyright 2015 by thebahamasweekly.com
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