The legal profession has been rocked by the admission of an attorney who stole nearly $900 000 from a client, prompting a forceful public rebuke and renewed calls for stricter oversight from the Barbados Bar Association (BBA).
Last week, attorney Hilary Nelson admitted to stealing from a client during his trial in the Supreme Court and was remanded pending sentencing.
“The council condemns in the strongest terms any conduct by members of the profession that fall short of the ethical and professional standards expected of an attorney at law,” Bar Association President Larry Smith KC said in a press briefing at its Perry Gap, Roebuck Street headquarters on Friday.
“Where such matters arise, they are addressed through the established disciplinary and legal processes. The Bar has consistently supported the proper operation of those mechanisms, including sanctions up to and including disbarment, where warranted. 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.”
Smith acknowledged that the situation would affect how people viewed the profession and said that there must be trust in the court system’s process, “and at the appropriate time when the Bar’s involvement is called for, the Bar will act”.
The senior counsel also sought to make clear that the association’s disciplinary committee operated independently:
“I want the public to understand we have no oversight over the disciplinary committee, and in circumstances where an attorney has run afoul of the code and ethics of the profession, it will be for the disciplinary committee to act and not the Bar.”
The BBA outlined that it was seeking to strengthen the regulatory framework governing the legal profession and working with the government on proposed amendments to the Legal Profession Act, which were aimed at “enhancing accountability, improving the effectiveness of disciplinary processes, and strengthening continuing legal education requirements, particularly in relation to ethics and competent professional practice.”
“These reforms are intended to ensure that the profession continues to meet the highest standards and that public confidence in the administration of justice is maintained and strengthened over time.”
(JB)
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