President of the Bahamas Bar Association Elsworth Johnson has disclosed that - after years of discussions - the Bar will conduct a poll to see whether the majority of Bahamian lawyers support the opening up of the Bahamas Bar to allow foreign lawyers easier access to practice in the jurisdiction.

Johnson has tussled in the press with Minister for Financial Services Hope Strachan and her predecessor Ryan Pinder over the idea that the Bahamas Bar ought to be opened up to allow foreign lawyers to practice more freely in The Bahamas. Now, he said, the issue will be put to a vote sometime soon.

"I may have my views and the next lawyer may have her views. We've had this discussion over and over. What I've suggested, and what we're going to do is... have a poll to see what the membership of the Bar thinks about whether or not we're just going to say you need no requirements. You don't have to really be licensed - you can just come and set up. There's a whole issue with money-laundering and all of those things, and how do we police the Bar.

"For years we've been trying to amend the Legal Professions Act, and I must commend the present attorney general. She's been working with us, but this should have happened back in the 80s. So that if we do open up, you can have ongoing development and training and all those things that pertain to being a 21st century lawyer," he said.

"But it's not for me. It's for the membership to decide whether or not we're going to have this."

Arbitration
Meanwhile, Johnson concurred with the idea that The Bahamas should explore arbitration, with some caveats.

"I think we can become an international arbitration center. We have one of the largest ship registries in the world. What we're saying is that you don't want to be a slave in your own country. The man on the street who is afraid to speak will tell you that.

"And we've seen it in so many other industries," he said.

On an open Bar
According to Johnson, there is a glut of lawyers in the market. He pointed out that some 30 lawyers are to be called to the Bar shortly, and pointed out that not many of then have secured pupillage.

"What is curious in the country - in terms of owning the means of production in this country - for years, even when you look at the hotel industry or whatever industry, we prefer to let people lead. Even in simple things, we prefer to bring someone to do it. You don't show me how it affects our gross domestic product. You see anybody putting out any figures? Nobody has put out any figures, they just want you to go on a dream, on pie in the sky.

"We are suggesting that we have the necessary expertise, and where you can't find that bring in folk. And if you bring them in, let's train the local talent. But the Bar is not averse to people coming in and practicing," he said.

Johnson sought to drive home the point.

"We are not averse to people coming to The Bahamas. Forty years in we're saying, where is our part in this?"

He stressed that the goal is not to create a 'welfare state'.

"We are not trying to create welfare conditions for our lawyers. But we want the opportunity to compete. We are going to have that. It's about not only survival of the fittest, but it's about self-preservation.

"If anything is going to happen, we don't want you to come and tell us without bringing us the figures. That is how it happens everywhere else."

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