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The Speaker of the House Michael Carrington has been reported to have significantly repaid monies withheld from a septenarian wheelchair bound client demanded by Madam Justice Jacqueline Cornelius’ court order. The issue of the indiscipline approach to how Barbadian lawyers appear to manage client’s monies must become part of a national discussion and lobby to make better.

While it serves the purpose of the legal profession, including the large cadre who makeup the members of parliament, managing client’s accounts (monies) does not require a rocket science approach. President of the Barbados Bar Association (BBA) Tariq Khan can deny it all he wants, we know lawyers hold client’s monies handed to them for simple to complicated transaction for unacceptably long periods and complaining to the BBA is a joke.

Have a look at the Solicitors Regulation Authority handbook. We claim t be an educated people, we pay hundreds of thousands of dollars to educate lawyers so where is our return in value to making our society a better place.

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89 responses to “Regulate Lawyers’ Clients Accounts”

  1. Caswell Franklyn Avatar
    Caswell Franklyn

    The problem in Barbados with respect to lawyers abusing the trust that their clients repose in them and getting away with it is multifaceted. First and foremost is the fact that the legislators have traditionally been lawyers. They go to the House and pass laws to benefit themselves, like reserving certain functions for themselves. They also ensure that the laws to regulate their profession are tepid and ineffectual. They make sure that the laws that are put in place are not used to harm themselves when they are no longer legislators and back in their practices fleecing clients.

  2. Togetherness Avatar
    Togetherness

    Old timers say the white solicitor firms did more thieving than the new generation black punk lawyers who cant keep their hands off their clients money. The difference was few people were educated or brave enough to question solicitors back then and what they siphoned off was mainly poor and often illiterate black people’s land. There was no social media or call in programs back then and blacks were strictly hewers of wood. Now the young pups bequeathed with intelligence from Barrow’s free education stealing from their own people. Same story different pigment.

    Did I miss it or didn’t Mia Mottley broach the subject of Nicholls one of her BLP candidates borrowing $15,000 on Deacons Road on ELECTION DAY. This act brings into question electoral integrity, governance , bribery, vote buying and the rest. It should be discussed in those contexts.

  3. David Avatar
    David

    @Togetherness aka waiting

    What you missed is the Prime Minister and Attorney General of Barbados admitting to having witnessed irregularities on election day.

    JA

  4. ac Avatar
    ac

    Sir now as designated(presumably) acting head of BU. Bar association can u please specify/or explain in legal terminology the following ” unlimited access” also please bear in mind that each case is treated on an individual scale according to merit.

  5. John Hanson 1781-1782- I SERVE 1788- 1792 BARBADOES. Avatar
    John Hanson 1781-1782- I SERVE 1788- 1792 BARBADOES.

    Well we may see that. the same time that BANKS in Barbados make a list of monies that belong to dead people or other families members, Unclaimed FUNDS that they hide and use for self , FUNDS that were never handed over the the CENTRAL BANK,

    FIRST CARIBBEAN IS ONE OF SUCH BANKS , CROOKS LIARS AND SCUMBAGS THEY ARE , IN GOOD COMPANY WITH LAWYERS.

  6. Alien Avatar
    Alien

    John Hanson 1781-1782- I SERVE 1788- 1792 BARBADOES. January 31, 2015 at 4:17 PM #

    I do not understand – if the list is published, why do you say that the funds are hidden?

  7. robert ross Avatar
    robert ross

    As a matter of interest, when will the BU BA scrutinize the activities of clients when it comes to payment for services rendered?

  8. Crusoe Avatar
    Crusoe

    robert ross January 31, 2015 at 7:22 PM # As a matter of interest, when will the BU BA scrutinize the activities of clients when it comes to payment for services rendered?

    Oh lookie, you have got to be joking. So, RR’s solution …two wrongs make a right1

    Gotcha!

  9. robert ross Avatar
    robert ross

    Crusoe

    “Gotcha”…bollocks….oh dear, you poor fella, you do rather lack understanding. I neither said not implied anything about “two wrongs making a right”. BUT if you admit there are “wrongs” all ends up in the system then good.

  10. Crusoe Avatar
    Crusoe

    I do not lack understanding and you certainly inferred it. Backtracking much???

  11. Crusoe Avatar
    Crusoe

    So, RR methods (I would not advise using him, whomever he is), is Mr Jones does not pay him on time, nor Mrs Ethelbert, so Mr.Davids should not expect his money for the sale of a house anytime soon…… because the first two are owing him….

    😉

    Yes we get it RR!

  12. Gabriel Avatar
    Gabriel

    Ther is a system in place in the UK dealing with this lawyer/client accounts business.Skulduggery is wherever a sucker exists and where the law is either non existent or loosely written affording the lawyer a way out.
    In the bad old colonial days the AG was a UK appointee and he couldn’t afford to have local lawyers making him look bad.Bajans with a 7th standard education were well informed and no white man could steal their land just so.This nonsense only start recently fueled by drugs and guns, Benzes and Beamer

  13. Togetherness Avatar
    Togetherness

    Gabriel you would have be the hue of an angel or the inside of an oreo to make that statement. A zillion credible stories are out there of the skullduggery of solicitors before the professions were fused in the 1970’s. Only solicitors could convey and handle land transactions before then. Don’t bring no jackass distractions to the discussion. Solicitors were major culprits in shenanigans where poor disenfranchised blacks lost their property after trusting a solicitor. What only start with benz and drugs what! Foolishness on your part.

  14. David Avatar
    David

    Here is what section 22.3 says about how lawyers should manage interest paid/not to be paid on Client’s Accounts.

    http://www.sra.org.uk/solicitors/handbook/accountsrules/part5/content.page

  15. David Avatar
    David

    Here is is in 2015 Barbadians are concerned about the governance of lawyers’ Clients Accounts TODAY and all therein and we have two JAs who would bray about what use to happen YESTERDAY OR citizens owing the BA (officers of the court). No wonder!

  16. robert ross Avatar
    robert ross

    Crusoe…now don’t let your empty article go to your head…you may trip over it. OR…you’re over your head…stick to dreaming.

  17. Simple Simon Avatar
    Simple Simon

    @Togetherness January 31, 2015 at 2:50 PM “Did I miss it or didn’t Mia Mottley broach the subject of Nicholls one of her BLP candidates borrowing $15,000 on Deacons Road on ELECTION DAY. This act brings into question electoral integrity, governance , bribery, vote buying and the rest. It should be discussed in those contexts.”

    @David January 31, 2015 at 2:52 PM “What you missed is the Prime Minister and Attorney General of Barbados admitting to having witnessed irregularities on election day.”

    Dear Togetherness and David: You are BOTH right. In the 2 situations above NEITHER of you is a JA.

  18. Simple Simon Avatar
    Simple Simon

    I feel like a complete idiot now. It seems clear that both parties were passing money, and gifts to ensure an election victory.

    And me like a big idiot, or a SImple Simon didn’t get any.

  19. Alien Avatar
    Alien

    http://www.nationnews.com/nationnews/news/62932/clico

  20. David Avatar
    David

    @Alien

    About time, may the gods go with you Patrick Toppin.

  21. Crusoe Avatar
    Crusoe

    Robert ross ”robert ross February 1, 2015 at 12:09 AM # ”

    You don’t like to be caught out, do you? And no, I know you would have found my article ’empty’…aka you like the ‘status quo’, works for you, doesn’t it?

    Now I know why you defended the Speaker so heartily! Birds of a feather!

    😉

  22. PUZZLED Avatar
    PUZZLED

    the question is whether or not the receipt of the cash of over $10,000.00 could be considered money laundering. Ask the DPP

  23. David Avatar
    David

    @Puzzled

    Based on the law Carrington’s bank should have requested a declaration if deposits of greater than $10,000 and this applies to Griffiths lawyer’s bank as well. Some banks based on relationships assign deposit limits to lawyers and others. Let us hope the authorities are looking on.

  24. robert ross Avatar
    robert ross

    This post is rooted in desperation. It says nothing new and, as usual, takes the line “Whatever X says, we say” no matter the status and level of expertise of X and whatever the evidence actually is.

    In context this is understandable given that the post asserts that Carrington has complied with the Court Order.

    The overarching principles contained in the Solicitors’ Regulation Authority link really contain nothing that is not understood and practised. In particular, the Judicial Advisory Council under s.13, Legal Profession Act Cap 370A may make rules of the kind stipulated in the Act governing client’s monies. Rules 87 and 88 of the 1988 Code of Ethics established by the Disciplinary Committee under s.18 of the Act explicitly deal with client’s monies and there are other rules which deal with unconscionable delay. There is no self-evident difference in substance with the SRA principles and the distinction between attorneys’ monies and clients’ monies and the duties arising therefrom are clearly explicated.

  25. robert ross Avatar
    robert ross

    Crusoe

    You are quite right. I do believe in justice and would always place it over mob rule even in the case of a 70yo, wheel chair bound complainant. As I said in another post, it matters not whether the complainant has that handicap or is a teenage forty legs. He is entitled to the SAME consideration in matters of this kind as everyone else.

  26. David Avatar
    David

    @Ross

    Did you not also assert that BU was wrong to highlight the dishonorable deed by the Speaker of the House MICHAEL CARRINGTON for withholding quater million from a wheelchair bound septuagenarian last week?

    Does ignorance have any bounds?

  27. robert ross Avatar
    robert ross

    David

    In your case, no.

    But I NEVER argued that BU should not have highlighted this case. What I said, and I reassert it, is that in the absence of all the facts BU was not entitled to make itself counsel, judge and jury. That was not right then. It is not right now despite all your fake moral posturing.

  28. David Avatar
    David

    By your response Ross you have cemented yourself into the JA Hall of Fame. All BU did was to give vent to Madam Justice Cornelius court order. What you conveniently opted to do was to retreat behind procedure. You may have the last word.

  29. Bush Tea Avatar
    Bush Tea

    @ David
    Does ignorance have any bounds?
    ++++++++++++++++++++++++++++
    Of course not….. you ever heard of AC….?
    rahhhhhh ha ha !!! too sweet bout here…!!

    You all right yuh….
    Ross is understandably concerned that this situation may lead to all lawyers in Barbados being forced to account for all client funds…..

    Wuh shiite man David!!…..we can’t have THAT…….can we?

  30. ac Avatar
    ac

    @ Bush shite ..

    look close …see! i am rolling my eyes

  31. Bush Tea Avatar
    Bush Tea

    @ AC
    …and a blessed good morning to you also…

    WAIT….
    You have eyes…?
    How come you can’t see a shiite…?

  32. ac Avatar
    ac

    David February 1, 2015 at 9:50 AM #

    @ ross

    All BU did was to give vent to Madam Justice Cornelius court order.

    ///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////

    to vent …….

    Irritated? Angry? Plain furious?

    were all of the above necessary given the fact that the court had spoken.
    …………………………………………………………………………………………………………………………….

    seems more likely a pillar of political venting towards mr carrington with an unauthorized appendage of theft to judge cornelius order laid out in the BU court authorized by judge DAVID>

  33. ac Avatar
    ac

    @ Bush shite

    Look again ! this time look a little closer ! see! it is sitting right next to your name even a blind man stumbling in the dark can see it,

  34. David Avatar
    David

    A time out from some of the BS comments so far:

    Guidance notes

    (i)
    Requirement to pay interest

    (a)
    Money is normally held for a client as a necessary, but incidental, part of the retainer, to facilitate the carrying out of the client’s instructions. The main purpose of the rules is to keep that money safe and available for the purpose for which it was provided. The rules also seek to provide for the payment of a fair sum of interest, when appropriate, which is unlikely to be as high as that obtainable by the client depositing those funds.

    (b)
    An outcomes-focused approach has been adopted in this area, allowing firms the flexibility to set their own interest policies in order to achieve a fair outcome for both the client and the firm.

    (c)
    In addition to your obligation under rule 22.3, it is good practice to explain your interest arrangements to clients. These will usually be based on client money being held in an instant access account to facilitate a transaction. Clients are unlikely to receive as much interest as might have been obtained had they held and invested the money themselves. A failure to explain the firm’s policy on interest may lead to unrealistic expectations and, possibly, a complaint to the Legal Ombudsman.

    (d)
    The Legal Services Act 2007 has abolished the distinction in the Solicitors Act 1974 between interest earned on client money held in a general client account or a separate designated client account, meaning that interest earned on the latter type of account is, in theory, to be accounted for like interest on any other client money on a "fair and reasonable" basis. In practice, however, a firm which wishes to retain any part of the interest earned on client money will need to hold that money in a general client account and continue to have interest paid to the office account (see rule 12.7(b)). The tax regime still treats interest arising on money held in a separate designated client account as belonging to the client, and requires banks to deduct tax at source from that interest (subject to the tax status of the individual client) and credit the interest to the separate designated client account. This makes it impracticable for firms to retain any part of the interest earned on a separate designated client account.

    (e)
    Some firms may wish to apply a de minimis by reference to the amount held and period for which it was held, for example, providing that no interest is payable if the amount calculated on the balance held is £20 or less. Any de minimis will need to be set at a reasonable level and regularly reviewed in the light of current interest rates.

    (f)
    It is likely to be appropriate for firms to account for all interest earned in some circumstances, for example, where substantial sums of money are held for lengthy periods of time.

    (g)
    If sums of money are held in relation to separate matters for the same client, it is normally appropriate to treat the money relating to the different matters separately but there may be cases when the matters are so closely related that they ought to be considered together, for example, when you are acting for a client in connection with numerous debt collection matters. Similarly, it may be fair and reasonable in the circumstances to aggregate sums of money held intermittently during the course of acting for a client.

    (h)
    There is no requirement to pay interest on money held on instructions under rule 15.1(a) in a manner which attracts no interest.

    (i)
    Accounts opened in the client’s name under rule 15.1(b) (whether operated by you or not) are not subject to rule 22, as the money is not held by you. All interest earned belongs to the client. The same applies to any account in the client’s own name operated by you as signatory under rule 10.
    (ii)
    Interest policy (rule 22.3)

    (a)
    It is important that your clients should be aware of the terms of your interest policy. This should normally be covered at the outset of a retainer, although it may be unnecessary where you have acted for the client previously. It is open to you and your client to agree that interest will be dealt with in a different way (see rule 25).
    (iii)
    Unpresented cheques

    (a)
    A client may fail to present a cheque to his or her bank for payment. Whether or not it is reasonable to recalculate the amount due will depend on all the circumstances of the case. A reasonable charge may be made for any extra work carried out if you are legally entitled to make such a charge.
    (iv)
    Liquidators, trustees in bankruptcy, Court of Protection deputies and trustees of occupational pension schemes

    (a)
    Under rule 8, Part 3 of the rules does not normally apply to liquidators, etc. You must comply with the appropriate statutory rules and regulations, and rule 8.3 and 8.4 as appropriate.
    (v)
    Joint accounts

    (a)
    Under rule 9, Part 3 of the rules does not apply to joint accounts. If you hold money jointly with a client, interest earned on the account will be for the benefit of the client unless otherwise agreed. If money is held jointly with another practice, the allocation of interest earned will depend on the agreement reached.
    (vi)
    Failure to pay interest

    (a)
    A client, including one of joint clients, or a person funding all or part of your fees, may complain to the Legal Ombudsman if he or she believes that interest was due and has not been paid, or that the amount paid was insufficient. It is advisable for the client (or other person) to try to resolve the matter with you before approaching the Legal Ombudsman.
    (vii)
    Role of the reporting accountant

    (a)
    Paragraph 2.8 of the Guidelines for accounting procedures and systems at Appendix 3 states the need for policies and systems in relation to the payment of interest.

    (b)
    The reporting accountant does not check for compliance with the interest provisions but has a duty under rule 40 to report any substantial departures from the Guidelines discovered whilst carrying out work in preparation of the accountant’s report. The accountant is not, however, required to determine the adequacy of a firm’s interest policy (see rule 41.1(d)).
  35. robert ross Avatar
    robert ross

    Oh David…now you’re scissor and pasting from a link you’ve already given us. It changes NOTHING. The relevant principles are all in the Code of Ethics.

    As a matter of concern……which banks do/do not pay interest on clients’ accounts monies?

  36. Enuff Avatar
    Enuff

    Where are these “facts” that ac etc persistently told BU to await before passing judgment? Am I to conclude that with the money now paid these facts were pure myth?

  37. ac Avatar
    ac

    An Factoid of theft which was mostly said and repeated by the BU witness without substantive or formal information in BU court and which the BU judge had let be stated as evedience while not being able to provide proof,/evedience /or knoweldge of such criminal activity by the defendant.
    However the FACT as stated by the court shows no relevancy of said accusation / allegation Those are the facts.

  38. Enuff Avatar
    Enuff

    wahlosssss arrant nonsense!! But many have repeatedly shot down this argument so no sense in me wasting my time. Girl bye!!!

  39. ac Avatar
    ac

    the same ole ammo used by the yardfowl Hit and run but in this instance missing the target /bulls eye called “THEFT”

  40. robert ross Avatar
    robert ross

    ac

    Yes, the idea of “venting” also crossed my mind. I saw it more as ‘a lot of hot air’.

  41. Fix It! Avatar
    Fix It!

    regulate? 1st thing lawyers will claim is attorney/client privilege. it will never get pass.

  42. Fix It! Avatar
    Fix It!

    most lawyers in Barbados practice independently and don’t have accounts departments and don’t have their accounts audited.

  43. Fix It! Avatar
    Fix It!

    Some solutions to the issue where property is sold and the lawyer for the vendor collects the money is to have all parties and or reps of those involved to present at the closing and all funds verified and handed over. NO LARGE SUMS WILL be held by any lawyer.

    If it is a debt collection let the money be paid into the high court accounts dept.

  44. Crusoe Avatar
    Crusoe

    Robert Ross said and I will translate..

    ”robert ross February 1, 2015 at 9:35 AM #

    Crusoe

    You are quite right. I do believe in justice (what RR believes is justice, may be a bit subjective) and would always place it over mob rule ) and to retiterate, such as RR dont give a damn about citizens and good men’s opinions NOR Professional ethics) even in the case of a 70yo, wheel chair bound complainant. (RR introduce red herring, funny that, same tactic as ac and Nordick Invader use) As I said in another post, it matters not whether the complainant has that handicap or is a teenage forty legs. He is entitled to the SAME consideration in matters of this kind as everyone else.

    Oh I agree, the issue IS actually more of professional ethics and why in gosh name, the man had to wait 14 years for a Judge to ORDER him to pay the man his money.

    That is all it is about and darned right too!!!

    Res Ipsa Loquitor!!!

    14 years to pay the man his money!!!!!!!

  45. Crusoe Avatar
    Crusoe

    robert ross February 1, 2015 at 11:30 AM # ”As a matter of concern……which banks do/do not pay interest on clients’ accounts monies?

    Ah,.,..more red herring. Heck, throw the gallon of paint at it and cover the whole issue with irrelevant ramblings, cloud the issue. As per ac and Nordick Invader.

    The issue IS of professional ethics and dealings with client funds. Stop there.

  46. Baroness Brenda Browne Avatar
    Baroness Brenda Browne

    As long as you are a so called Big-up in Barbados, you can do anything and find a way out. What with friends in position who will back you to the hilt, its anything goes. Members of Parliament especially feel that they are Hollywood stars -Celebrities and certain rules , admission fees to events and other things that so called ordinary persons are subjected to daily does not apply to them. They are the Political class . They need to be shown a sickle -thats what. Then they are the lackeys who feel that they can get Ministers of Government to telephone people in private businesses and the public sector too and harass them and confuse their lives for some frivolity. These so-called Big-ups need to humble or be humbled.

  47. Crusoe Avatar
    Crusoe

    Baronness said”These so-called Big-ups need to humble or be humbled.”

    And that is what people like David and some of the rest of us fear. That these idiots like RR above, don’t realize the road they are marching down…….

    They love their warped thought processes but don’t realize that man in the street done widdat.

    Attacking what we are saying calling us all ‘yardfowl’ because we disagree with their ways, is ironic, considering that we are the reasonable ones who wish any potential issues to be averted and good for Barbados.

    You think people on this forum vexated?? Should go listen on the street.

    I just because some of us disagree, sorry we are not yardfowl.

    We just do not take to the idea of marching in tandem, arm raised and chanting ‘Heil’ as certain people seem to think we should. Heck no.

  48. ac Avatar
    ac

    crusoe of course everything else becomes “rambling” as long as the wordings are not couched /address and rearranged to fit a specific agenda
    the vexations of all things considered to be ramblings comes from a spirit wanting to control and define, go in peace angel of wickedness

  49. David Avatar
    David

    @Tariq Khan et al

    Will you be another toothless President of the BBA?

    So far your empty mouthings suggest such.

  50. islandgal246 Avatar
    islandgal246

    If ever I have to go to a lawyer to transact some business and have money coming to me, I will demand that the monies be paid to me to an account and that the lawyer is hired only to do the legal paperwork. NOT ONE EFFING CENT GOING TO ANY EFFING LAWYER unless it is for payment for his services.

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