Rookie lawyers came under fire, after Chief Justice Sir Burton Hall accused them of giving their clients a raw deal.
Sir Hall revealed the depth of the problem at the recent service to mark the opening of the legal year. He said inexperienced lawyers were “dis-serving” members of the public.
“While in a liberal, rather than a planned economy, where market forces of supply, demand, personal ability and competence determine how many persons plying a trade or practising a particular profession can be successful, it is a source of concern to the judiciary thatﾖdespite the statutory requirement for the completion of pupillage after being called to The Bar of the Commonwealth of The Bahamasﾖtoo many inexperienced and ill-prepared practitioners are out there, often as sole practitioners, dis-serving an unquestioning and unsuspecting public,” said Sir Hall. “So many members of which, require legal services in their family and property disputes, business dealings, landlord and tenant disagreements and of course criminal matters.”
The Chief Justice insisted that despite judges wanting to assist clients of unskilled lawyers, their hands are tied by the judicial system.
“Even though the modern methods of procedure allow a more interventionist role by judges than historically been the common law culture, the system remains an adversarial one and however painful it might be for a judge to see a litigant harmed by an incompetent lawyer, the judge is constrained from attempting any rescue, lest he compromise his duty as impartial arbiter,” he explained.
During 2005, 61 persons were admitted as counsel and attorneys, bringing the membership of the Bar to 778, according to Sir Hall.
“Of whom 189 (roughly 24 per cent) were enrolled in ceremonies presided over by me, during my 52 months in office,” said Sir Hall. “While a significant number of these persons come to the law at a mature age, where law is a second or third or fourth career, these numbers starkly point to how bottom-heavy, demographically, the legal profession is.”
He added that due to these figures, the Bar should look into continuing education for its members.
“I would respectfully urge the Bar to follow the lead of the judiciary and institutionalise continuing legal education,” he said.
By:JASMIN BONIMY, Nassau Guardian Staff Reporter
