Johnson hopes stronger law would weed out rogue lawyers

Sun, Apr 3rd 2016, 11:05 AM

Proposed amendments to the Legal Profession Act will increase sanctions against "the few lawyers who have wreaked havoc on the profession", according to Bahamas Bar Association President Elsworth Johnson.

Johnson said at present there is no way to protect the public from lawyers who have been convicted of theft, but are still allowed to practice until their matters are heard by the disciplinary tribunal.

He said, "In the case of Mr. John Bostwick, there is an appeal and it stays the conviction, but how do we protect members of the public from someone who is convicted of theft and continues to practice? There is no means to suspend them until we would have completed our disciplinary process."

Bostwick, a former Free National Movement (FNM) senator, was convicted of possession of illegal ammunition last year. He paid a $15,000 fine to avoid serving a year in prison.

Johnson praised Attorney General Allyson Maynard-Gibson for her "commitment to enhancing the capacity of the Bahamas Bar Association" through the amendments.

The amendments would introduce a practicing certificate that is renewed annually; increase the number of disciplinary tribunals from two to six; and make the Bar Association a fully regulated body, Johnson said. He encouraged judges and magistrates to preserve the integrity of the profession by commencing contempt proceedings against lawyers who step out of line.

"We want them to cite members because sometimes lawyers do things in court that are really unbecoming," he said.

Johnson said members of the public can also assist the Bar by reporting people who continue to practice despite their disbarment, to the police.

"The Bar is in the process of making a complaint against a foreign national who persists in presenting himself before the court to practice," he added.

Johnson said the Bar is also dealing with impostors who are doing legal work. Last year, the Bar made a criminal complaint against a man who had presented forged certificates in order to be called. Johnson said the Bar may have to pursue civil claims against its members who owe $1 million in dues.

Attorneys who are in arrears face no repercussions, Johnson said, "because there is no practicing certificate we can pull". He said that without the dues the Bar is unable to fully accomplish its mandate though public education programs.

By Artesia Davis

Guardian Senior Reporter

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