The Barbados Bar Association (BBA) has issued a stark warning to the public about the dangers of using unqualified individuals for legal services, citing a surge in complaints and the risk of clients being left without recourse.
Defending its decision to post a public notice cautioning against consulting individuals not officially enrolled as attorneys, BBA President Larry Smith KC said the Bar had received several complaints about people “who appear to be holding themselves out as attorneys at law, or who are otherwise providing what can be deemed legal services without holding a valid practicing certificate”.
He dismissed concerns that the move was intended to protect the financial interests or market share of licensed attorneys.
Smith told reporters: “The Bar did not issue its notices lightly. They were issued in discharge of its duty to protect the public and uphold the integrity of the administration of justice. We want to address something plainly, because we anticipate it may be asked. Some may wonder whether the council [the association’s governing body] 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.”
“The Barbados Bar Association exists to, amongst other things, uphold the administration of justice, prohibit the unauthorized practice of law, and to protect the public in their dealings with individuals purporting to provide legal representation.”
Addressing a press briefing at the BBA’s Roebuck Street headquarters, he warned that choosing unqualified individuals poses a significant risk, as clients may be left without any means of redress if the service is inadequate.
“We want members of the public to understand clearly what is at stake when this happens. A duly admitted attorney at law is subject to a comprehensive framework of professional regulation. That framework includes a code of ethics, requirements of professional competence, and disciplinary oversight. It means that if an attorney fails you, if they act incompetently, if they mishandle your funds, if they betray your trust, you have recourse, you can make a formal complaint. In appropriate cases, you may have civil remedies available to you, because a duty of care is owed to you by reason of their profession. You can pursue disciplinary proceedings by making a formal complaint to the disciplinary committee.”
“By contrast, recourse is limited when the practice of law is purported to be by someone who is not qualified and not regulated. Such an individual is not bound by enforceable standards. They are not subject to professional discipline. 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.”
As to whether the Bar believed that there should be an increase in penalties for individuals purporting themselves to be attorneys beyond the current fine of $5 000 in one year, Smith said that this “may very well” be one of the things considered during the overhaul of the Legal Profession Act, later adding that the association had made representation for an expansion of the Legal Aid Scheme.
“I believe that all things that are important will be considered, that may very well be one of them, but I don’t believe that council can speak alone. As we appreciate, legislation is passed by the Parliament. The Bar may have an input if we are invited to have an input by the Parliament of the day, but those legislative matters are really for Parliament.”
(JB)
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