Marshall: Lawyers must bear costs

Law reform initiatives will carry a big bill, but Attorney General Dale Marshall says Government is not prepared to foot it all.

During the Law Reform Commission’s workshop and discussion on the draft Legal Professional Bill, held at the Lloyd Erskine Sandiford Centre yesterday, commission chairman and retired Chief Justice Sir David Simmons said there would be a “substantial increase” in the obligations of the Barbados Bar Association.

“I wish to make [some] comments, especially for the Attorney General and the Government . . . . Some of the new initiatives will necessarily require careful planning, recruitment of personnel and the provision of adequate funding to ensure the smooth implementation of these initiatives,” Sir David said.

“Firstly, it is clear from reading the bill that it calls for a substantial increase in the administrative and regulatory obligations of the Bar. These relate to new rules for accounting, [continuing legal professional development], advertising and contingency fees. Secondly, the accreditation committee will require funding and training.”

He said the Bar had also drawn attention to the likelihood of an “adverse financial impact” on legal practitioners practising for five or fewer years.

The former attorney general said it would serve no purpose to implement every part of the bill when it was proclaimed, adding the sections dealing with accounts and continuing legal professional development could come into force at a date in the future “when all arrangements have been satisfied and relevant trained staff appointed”.

In response, Marshall suggested the Bar restructure its fee regime as it would be unfair to burden taxpayers with the full bill.

“Because of the new areas that the legal profession will be required to deal with, continuing education and so on, all these things come with significant administrative and management costs. However, it is not going to be practical to sustain it with the level of fees that lawyers currently pay.

“The SCs (Senior Counsel) pay $1 500 a year and junior lawyers pay $300 a year. The Bar has to regulate its profession and it has to get those funds from somewhere. Now, is it appropriate for the taxpayer to fund these costs? I don’t think that’s fair,” he told those in attendance.

Marshall said the Bar should look at earning money like any other entity.

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