Disciplinary reform cannot wait

The legal profession occupies a unique and powerful position in society. Its members are entrusted with the solemn responsibility of safeguarding justice, defending rights, and upholding the rule of law. But with that power must come accountability. When lawyers fall short, especially when they engage in misconduct that rises to the level of criminal behaviour, there must be swift and decisive consequences.

It is against this backdrop that the recent statement by Barbados Bar Association (BBA) President Kaye Williams takes on added urgency and significance. In a pointed and unambiguous appeal, Williams called for reform of the system for disciplining attorneys, warning that the current structure—under-resourced and bogged down by delay—“does not serve justice. It does not serve public interest. It must change.”

“A complaint should never be delayed for years,” she rightly pointed out. “Where an attorney has been convicted of a criminal offence, there must be provisions in place for either automatic or very swift sanctions.”

Her statement comes as the disciplinary machinery for legal practitioners stands under renewed public scrutiny, particularly in the wake of the protracted process that led to the eventual disbarment of attorney Vonda Pile. Convicted in 2019 for stealing over $191 000 from a client, Pile resumed her practice after serving her sentence, as the Disciplinary Committee took years to process her case.

The delay in resolving her professional fate exposed glaring flaws in the current system. At the Court of Appeal hearing, the Chair of the Disciplinary Committee, Rita Evans, attributed the sluggish process to a severe lack of resources, citing the absence of a computer-aided transcriptionist and the committee having only one secretary to manage its daily affairs. Chief Justice Leslie Haynes described the situation as “embarrassing” and demanded that the Bar Association ensure such delays do not continue.

President Williams has clarified that the Disciplinary Committee is completely independent of the Bar, “as it should be”, and that it is funded by the government to preserve its independence, as are the disciplinary bodies for the medical and dental profession. That funding, however, appears to be inadequate. And without sufficient resources, their independence becomes irrelevant.

The Bar president’s call for swift action against convicted attorneys is not a call for abandoning due process, but rather a call for ensuring that due process does not become an excuse for inertia. It is a common-sense measure to ensure the legal profession is held to the same high standards it demands of others.

Her concern is not about one case. It is about a system that has become, in her words, “mired in complexity and delay.” When misconduct, especially criminal misconduct, is not addressed swiftly, it damages the public’s faith in the legal profession. It sends a message that lawyers are above the law, or at the very least, that their peers are reluctant to hold them accountable.

That perception is dangerous.

The reality is that the disciplinary process is not simply a matter of internal housekeeping for the legal profession. It is a matter of national importance. When lawyers breach ethical or legal standards, the consequences ripple across the entire system, impacting clients, the courts, and public trust. The process by which those breaches are addressed must be efficient, transparent, and worthy of the profession it seeks to regulate.

Williams is not the first BBA president to call for reform. As she acknowledged, the Bar has for years urged the authorities to prioritise changes to the disciplinary framework.

“The legal profession must be held to the highest standards,” she insisted, “and the disciplinary process must reflect that principle, not only in theory, but in practice. The public deserves a process that is transparent, fair, and timely.”

The post Disciplinary reform cannot wait appeared first on Barbados Today.

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