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by pltm
(PLTM) - For the third time, government is being asked by an unsatisfied legal fraternity to take the Legal Profession Act (LPA) back to the House of Assembly to make another set of amendments. The legislation was in the making for some ten years.
Senior lawyers and judges have expressed more concerns about the act, which was passed for the second time in January of this year. They believe that there are serious interpretation and policy challenges, and aspects in the law will hurt small law firms.
"It's an act that unfortunately is not working in this jurisdiction...We need a Legal Profession Act, but this act is not the legislation...The present state of the law leaves a lot to be desired," said Mr. Michael Fay, QC.
He added, "We are limiting the amount of law firms who do practice in the BVI, and overseas; that is something that troubles me…In particular, it concerns me because it affects the (small firms). I am concerned how the big firms came together and supported the concept; it's not surprising…But it shuts out the small firms...It needs to be reconsidered."
His Lordship the Hon. Justice Barry Leon also commented on the law, stating that the LPA is not only important to the legal profession, but to the court system as a whole, and indeed in some ways to the economy of the Territory. However, he said that it has presented some interpretation and policy challenges which remain to be resolved by the House of Assembly and the courts, so that the act functions in the greater best interests of the Territory.
"It may be that some issues, particularly policy issues, are resolved most appropriately by our elected representatives."
He said that the act gave life to the General Legal Council, which, under the dedicated leadership of Mrs. Dancia Penn QC, has charged into the process of fulfilling the significant mandate given to the council by the act.
"As was noted in an early address this morning, the council needs to be resourced adequately so that the Territory can achieve the promised benefits of the act," he said, adding, "Also, the Judiciary urges the government to take the necessary actions to implement the Discipline Tribunal under the act."
Justice Leon said that dealing with legal practitioners who are not fulfilling their professional obligations is a means of first building trust and confidence in the justice system, and second, aiding the courts to function effectively.
Meanwhile, the Solicitor General, Jo-Ann Williams-Roberts spoke on behalf of the Attorney General Baba Aziz on the issue, where she outlined some of the issues with the act.
She noted that as the government’s principal legal advisor on the matter, he takes responsibility for the incongruities and ambiguities that emanate from the act.
"In so doing, the Honorable Attorney General notes that it has often been said that it is difficult to legislate for lawyers as it is extremely difficult to find unanimity on any issue. So, it was, he says, in relation to the passage of the Legal Profession Act, 2015," Williams-Roberts said.
A link to the list of issues outlined by the AG: http://www.bvi.gov.vg/media-centre/address-honorable-attorney-general-baba-aziz-delivered-jo-ann-williams-roberts
Under the act, there is a Code of Ethics dealing with any misconduct by lawyers and a Disciplinary Tribunal also needs to be established.
Premier Hon. Dr. Orlando Smith has stated that the legislation was being worked on by both the former administration and his administration. He said in 2013 it was first introduced in the House of Assembly, but was pulled back as there were several persons who wanted to make contributions to the bill.
Hon. Myron Walwyn, Minister of Education and Culture, who is also an Attorney-at-Law, stated that such a legislation is important for the reputation of the Territory to regulate the legal profession. He said that the legal fraternity is also linked to the reputation of the financial services industry.
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