Attorney General Allyson Maynard-Gibson has rebuked the Bahamas Bar Association (BBA) over the association's perceived unwillingness to move forward with a practicing certificate for the country's lawyers, stating that the "proverbial ball is in the court of the Bar Council".
Addressing the BBA's first training and education retreat on Friday, Maynard-Gibson said that the practicing certificate, which would require further education for the country's legal professionals, is to be expected in the 21st century and implied that a lack of legal sector will is holding back the certificate's implementation.
Maynard-Gibson went even further, suggesting that the increased call for a more liberalized immigration policy with respect to foreign lawyers speaks to the need for continued training throughout the legal field in order to maintain the jurisdiction's competitiveness.
"It is within this context that the Bar Association, since I was secretary to Bar Council, has been advocating for a practicing certificate. Since then colleagues said, 'Oh, we'll never get it past those lawyers in Cabinet'.
"I've thought about why ours is one of the few professions that does not mandate continuing education - which is really what a practicing certificate is all about. I've come to the conclusion that the real answer may be that the Bar Association itself does not agree that continuing education should be mandatory," she said.
Maynard-Gibson rebuffed any assertion that Cabinet is responsible for the delay and further charged the BBA to embark upon a public information campaign for lawyers and the general public to drum up support for a practicing certificate initiative.
"It is squarely within your remit, and you are obligated to conduct consultation with your members. Members, it is squarely upon your shoulders to provide comments," stated Maynard-Gibson.
Awaiting the BBA's input on the Legal Profession Act, Maynard-Gibson pointed out that the government had recently passed the Medical Act, requiring continued educational commitments. This, she said, is vital for the long-term growth and competitiveness across jurisdictions and disciplines.
"It does concern me that it has been suggested that the hardworking team at the Office of the Attorney General is holding up this legislation, when the fact is that the proverbial ball is in the court of the Bar Council," Maynard-Gibson said.
Outstanding matters
Aside from the importance of a practicing certificate in promoting an image of jurisdictional excellence, Maynard-Gibson said that the BBA must do more to address The Bahamas' reputational harm caused by the increasing delays of the Supreme Court in producing judgments.
Maynard-Gibson reiterated that some courts contain judgments that have been outstanding for over four years, while judgments for some interlocutory matters have been outstanding for more than one year.
"In many other jurisdictions, this would be considered judicial misconduct and an abuse of power. In the face of this, the Bar Association is silent. By whatever yardstick is used, this is unacceptable and it reflects poorly on our legal system. The Bar Council and the Inner Bar must openly discuss inefficiencies like this towards finding a solution," she stated.
Further woes include the state of the Supreme Court Registry, on which BBA President Elsworth Johnson said the group is currently conducting a report.
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