Non Membership in the Barbados Bar Association Does Not Preclude a Lawyer’s Right to Practice Law

Marston Gibson, Chief Justice (l) Andrew Pilgrim, President of Barbados Bar Association

Marston Gibson, Chief Justice (l) Andrew Pilgrim, President of Barbados Bar Association

BU has been provided with a copy of the letter dated April 4, 2013 by which the Chief Justice finally advised the new Queens Counsel that he had received the Letters Patent that the GG had executed and sent to the CJ some weeks previously, instructing that they be delivered. The GG had also officially informed the new Queens Counsel himself of their appointment, from which time they had the right to put the letters QC after their names. Do not expect Chief Justice Gibson to offer an explanation for the delay.

BU has also been provided with a legal opinion on the matter of mandatory membership of the Barbados Bar Association, on which it has been argued, in essence, that there is a requirement that attorneys who are certified to practice law in Barbados must also be members of the Barbados Bar Association. BU’s legal opinion states that, as such an Act breaches the Constitution, it is a nullity ab initio, as indeed is any law which breaches the Constitution. Otherwise, the Constitution, which requires a two third majority of the House to change it, would be held hostage to the much lower standard of a simple act of parliament, which requires merely a majority. This would compromise the rights of Bajans and infringe their liberties. Pursued, it could also potentially lead away from democracy to dictatorship.

Thus, the list produced recently by the Bar Association of those counsel who have not paid their membership fees, is not relevant to right to practice law. As long as those attorneys have certification (and a complete list is available from the Official Gazette updated yearly) those attorneys have the right to practice that cannot be gainsaid by the Bar Association.

The Bar Association list has been generally interpreted and presented in the Fourth Estate and the blogs as being a denial of rights to practice by those attorneys and BU posts this clarification. The suggestion or implication that these attorneys, provided they have current practice certificates, are not eligible to practice law is potentially legally actionable.

105 comments

  • If a senior law officer ,a QC to boot, could be so disrespectful to a Judge in Barbados, then it gives Ms Myrie hope of collecting her $1Million.
    This country is out of control. A few years ago we saw and heard the member of St Andrew telling off the Speaker of the House. Since then we had the M’s C outburst in parliament by the Dentist. Law and Order was high on Mr Thompson’s agenda in 1994 ,when he took control of the DLP. What has happened since then,and especially in the last 5 Years.

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  • @Baffy. They have a few that meet your description, so help me out. Does she look like Casewell in drag? If so, it probably is Casewell in drag – except when in drag duh does call she “Mary”.

    @Well Well | April 12, 2013 at 8:38 PM | “We are trying to get to the bottom of why the judiciary has become a joke and now laughing stock in Bim.”

    Do you not think the use of the word “bottom” is, in the circumstances, an unfortunate choice in the sentence that is a redundancy anyway as we all know the answer – including you? As you (and the whole world) well know, the answer is David Anthony Cathcart Simmons!

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  • Amused……….that is a whole nother story there…………..i only realized i used the word bottom after I posted.

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  • PLANTATION DEEDS FROM 1926-2013 AND SEE MASSIVE FRAUD ,LAND TAX BILLS AND NO DEEDS

    robert ross @ let us all know what does good standing mean to the BA?
    As long as you pay up to date with your dues , BA then will publish to say who in good standing ? If you dont pay, you are not in good standing with the BA? even if you are a crook lawyer?
    The list of who paid and not paid have few good lawyers on both sides , Non payment dont show who brought cases against lawyers for land and cash. where is that list ?The case against the bad lawyers as any court case 20 or more, so until the case is heard the lawyer goes on robbing or continues his bad ways ,
    My heading alone will tell you all this is nothing new , so dont act to be shocked ,
    good standing ? all need to sit down

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  • Pingback: Justice Pamela Beckles Rules Membership in the Barbados Bar Association is Unconstitutional | Barbados Underground

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