Understanding the Challenges Faced by the Disciplinary Committee of the Barbados Bar Association
Marguerite Woodstock-Riley, Chair of the Disciplinary Committee
It has become evident to BU that one of the reasons the Disciplinary Committee (DC) cannot effectively carry out its work is because of a lack of resources. Even the well-meaning Andrew ‘Pilly’ Pilgrim could not make a difference and the incumbent Woodstock-Riley must be facing the same challenge.
The DC is an autonomous body – not to be confused with the Bar Association – of all volunteers therefore adequate administrative support is essential for the committee to do its work. Routine office activities to efficiently record complaints, follow up on decisions, timely service of documents and record of date served, records of what is sent out and follow up, notices to committee members of matters to be discussed to enable preparation etc. BU understands that the staff at the DC work only two days per week. To exacerbate the situation one staff member was extended to 5 days but was off sick for a large part of last year. After persistent representation by the BA another person was appointed to work 5 days per week by the Registrar. A scanner was used to better distribute documents and various systems put in place to have information automated. It is evident the BC needs greater resources to improve office administration to effectively tackle the mountain of complaints against members of the profession.
The committee meets every Tuesday but decided to meet one Saturday per month in an attempt to chip away at the backlog. Some hearings were done on other days to accommodate complainants and teleconferences used to facilitate overseas complainants. Complaints were prioritised and those involving financial issues as the highest. Firmer positions taken on adjournments by both parties.
It is BU’s view given the backlog – just like what exist in our Courts – a draconian and urgent intervention will be required by the government to address the several issues faced by the DC. A proposal was made to increase the size of the committee to 14. At present 7 persons with 4 needed as a quorum makes it very difficult to review complaints efficiently, schedule hearings and have decisions written. An increase in the amount of financial support received by the committee to improve administrative support has been requested. However BU suspects given the current state of public finances the challenge at the DC will be with us for a while longer.
One area the DC can improve is in the area of communication with the public to increase awareness of what the DC is mandated to do. BU understands that many persons use the DC as a means of collecting funds or resolving issues that can more effectively done in other forums.
It is interesting to note that the majority of complaints to the DC involve land matters. While there has been a suggestion to restrict funds paid to attorneys on land sales BU has been advised that is not something the DC can act on. BU’s concern is that Barbados should not have to reinvent the wheel in this regard. Let us borrow from other jurisdictions where disciplinary action is undertaken with fervour. We therefore await the proposed changes to the Legal Profession Act that is slated to be reviewed soon.
Can we [the people] expect to hear from the Attorney General and government on this issue?
Barbados Underground 
David
The Disciplinary Committee of the Bar Association was not designed to be effective. It is a tool to help lawyers get away with wrongdoing by giving the impression that something is being done.
When lawyers steal or otherwise defraud clients, they should be brought before the courts like any other suspected criminal. In most instances where theft by a lawyer is reported to the police, the complainant is directed to the Disciplinary Committee. Very rarely do police take action against lawyers. The system was designed by lawyers to benefit lawyers.
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Can the people hear from the government or the AG on this matter? We already did. The leader of this government is on record advising a cohort that since he had done nothing wrong”get a lawyer”.As I recalled the supreme court had just demanded that cohort to pay monies owed to a disabled old man. Juxtaposed with the facts of the case that comment lends exposure to the absolute contempt this class is shrouded in.
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No one wants to advocate violence but when one accepts the frailty of the human mind it begs the question how long now before the wants are overtaken by needs?
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@Caswell
Do we not have Disciplinary Committees in our jurisdictions?
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The staff of the DC as I understand it are under the control of and selected by the Registrar. Other than complain to the Registrar the bar association has little recourse to control staffing the committee and as we all know the government has no money for certain projects. I know the committee had a torrid time with one Clyde Cummins former government lackey of the Urban Development Commission who performed clerking for the committee and acted as a law unto himself when it came to complaints. The Committee is misused by the public.About 75% of complaints are frivolous, i.e I called for my lawyer and he is out of the office or he won’t return my call. As correctly stated in the post many persons have other quicker avenues for recovery but don’t use them. The best way to recover money from an attorney is a theft charge or to pursue the matter in a civil action but many persons cant be bothered. Look at the gentleman who had the issue with the speaker by his own admission he delayed doing anything for several years because the speaker was his friend. I know it is tempting to rake all lawyers over the coals and there are some wicked ones out there but use common sense people, don’t select a lawyer because of perceived popularity. Sadly bajans like too much freeness and will select a politician lawyer that they know do not have the time to be in parliament and run a practice because they think that person can pull strings for them. I have always maintained the worst lawyer is a politician one but we are yet to learn.
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Let’s see what kind of effect this luke warm legislation to stop thieving lawyers actipually have, the bar association need more powers to deal with repugnant lawyers and so do the judges.
http://www.barbadostoday.bb/2016/03/16/govt-acts-to-stop-thieving-lawyers/
While they are at it, maybe they can also stop the practice some lawyers have of misleading and lying to their clients, taking full advantage of their client’s lack of knowledge of basic law….those types of cretinous lawyers should be immediately disbarred.
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All parts of the government of parts of law and order seem to behave like the DBLP government , To much conflict of conflict on all levels ,Many sit on the same boards or tables that are to judge each other, Only thing that change is the NAME of the HEADING,So so many have the same family member or members friends from same schools watching after the robberies in the getaway cars with all the keys for all doors and locks,
Ghost sounds and papers issue to give appearance that some thing was not done,Being judge over the phone , All things settled by name alone and who when where , who knows who, the pimp title given out for level of crime done, Payment to enter the Sir and Judge side of Protection from what appear to be Law, Movie , LAST KNIGHTS ” GEZZA MOTT”Shows the crimes until a few take them down,
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If that luke warm legislation does not also include sections criminalizing the conflict of interests too many lawyers on the island practice against their clients, then it can be seen as another slimy pre elections political move to pacify a very angry and victimized, by lawyers, public.
These actions practiced for decades by the most dishonest lawyers to be found anywhere in the world have the supreme court as a now nonfunctioning entity and the practce of law on the island seen as one person I know said yesterday as “the practice of stupid unintelligent law”.
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“The best way to recover money from an attorney is a theft charge or to pursue the matter in a civil action …..”
+++++++++++++++++++++++++++
Ha ha ha
LOL
What a joke….
You mean if yuh don’t have a ‘cell phone’….. 🙂
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The Bar Association seems incompetent. How long will matters continue as they are. I am sure that the time will come when those who have been wronged will take matters into their own hands. Only in this country Barbados can things like this occur. People have lost their monies in CLICO and many have lost their lands to avaricious barbarians call LAWYERS. I hope something is done and done quickly. This country is decaying like ancient Rome..right from within…May God help us.
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The most important reform is missing from the draft legislation: Withdrawing money from the clients’ account for any purpose other than that for which it was intended should be a crime in itself. Phillip Nicholls, who is far from the worst, admitted that he and his partners borrowed from the clients’ account and he didn’t seem to think that there was anything wrong with this. The whole mindset regarding the clients’ account has to change.
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Committees with their hand out. It’s a civic duty, fund it with donations. What is the case load? What are the results: cases vs guilty vs acquittal, and the sanctions/actions placed on the guilty. If you show positive results you just might attract donors. But show us what the DC has accomplished to date first.
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In my opinion, the first mistake in constituting the Disciplinary Committee is that the members are practicing lawyers. I well recall a case where a friend of mine complained to the DC about a lawyer. The lawyer’s defence was that he did not do the work because he was not paid for his services.
The DC sent a copy of the lawyer’s sworn affidavit, making that claim, to my friend who then produced receipts from the lawyer to show that he was paid. You would not guess in a million years how the matter was resolved. The term of that particular committee expired around that time; the lawyer ran in the elections and became the chairman and the case was never heard of again.
This was many years ago, so I don’t want cast aspersions on the character of any of the recent chairmen.
Sent from my iPad
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The problem is that most of the high offices in Barbadian judiciary are political offices (courts and bar), not depending on exam marks, professional performance and other merits.
And by the way. New legislation will not change the course of judiciary here in Bim. You can enact whatever law you want but enforcement of law is usually very, very poor. Adding more persons to DC? Will not help. You need a certain quality of human resources.
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@Paula
The Committee is misused by the public.About 75% of complaints are frivolous, i.e I called for my lawyer and he is out of the office or he won’t return my call
++++++++++
Your above is incomplete as in “he won’t return my call because he/she hasn’t paid me the funds owing for the sale of my property’ or “he/she hasn’t turned over the insurance settlement from my accident” or “he/she hasn’t paid the purchaser the funds I gave to him to purchase a property” or “he /she took his payment out of my settlement and I understand the Insurance company paid him/her” or “he/ she won’t turn over the papers for the property I purchased years ago” or “he/she supposed to be working on the probate of my relative’s will for the last three years and we can’t get in touch with him/her”
Yeah we know the “frivolous” as in when we call and the Receptionist/Secretary wants to know your identity and when we identify ourselves he/she is miraculously out of the office, yuh see how quickly the “frivolous” becomes significant?
BTW how does “freeness”’ appear in any article about Bajan lawyers?
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I like Sargeant’s response to Paula. Paula must be either a lawyer or naïve.
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The author of the above article is indeed being dishonest and sounds very much like a lawyer, refusing to address the real, substantial and very NOT FRIVOLOUS existing issues.
Time to address the real issues and not bullshit fantasies to slither out from taking responsibilty for thieving, unethical, dishonest lawyers and their actions.
How many decades has the bar association and disciplinary committee been in existence, how many more decades do they need to get it right re locking up and disbarring the dishonest criminal minded lawyers.
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Should read instead:
The person giving this information to BU re dishonest lawyers and the role of bar association and disciplinary committee is indeed being dishonest and sounds very much like a lawyer, refusing to address the real, substantial and very NOT FRIVOLOUS existing issues.
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Sorry, I am a bit confused. Didn’t David write the article?
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@Old Baje
Why are you so easily distracted? We can beat up on the DC but that would be myopic. Yes the DC can find areas to improve on their mandate but other factors must be considered as well. Unlike some others BU is about bringing all the issues to the table and avoid being blindly influenced by an agenda.
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Old Baje…I meant Paula’s post trying to justify the bar association and disciplinary committee ‘s decades old ineffectiveness in ensuring relief for clients ad others victimized by bad lawyers.
Caswell sums up best the roles both entities have played in favor of the dishonest lawyers and why.
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More evidence that Stuart is about protecting the corruption.
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The Piss Poor Prime Minister (3-PM) stated that he will be dealing with the matter of lawyers stealing clients money by putting measures in place that would allow lawyers to deal with lawyers when they steal clients money. In other words, if you steal like the speaker of the chair, do not worry, you will be dealt with by a lawyer. And if you have nuff money and steal, I will call you friend. And if you are former Prime Minister involving in shady deals to get 3.3 million, I will call you outstanding son of the soil. ALL STUART; OUR PISS POOR PRIME MINISTER:
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I understand that there is a fundamental difference in the functions of the bar association and the disciplinary committee. The disciplinary committee is intended to be independent of the bar association for obvious reasons. There are several individuals on this site who are so blinded by their hatred and resentment of lawyers that they cannot look at anything objectively. Thankfully I have experience with lawyers both here and overseas and can speak from a position of knowledge. I have dealt with lawyers in the UK and Canada, you don’t get to call those lawyers for free, or drop in unannounced to ask a question or tack on new cases on a previous case. You are billed because a service is being provided, you pay for their time in the same way you pay your doctor when you go in to see him. I read all of Philip Nicholls book I certainly didn’t get the impression that he was saying that it was okay to borrow from the clients account, hence his actions in trying to get his partners to repay what was taken as he was on the hook for it. Sargeant if you don’t know Bajans like freeness you must not live here. If your lawyer steals your money go to the police. That is the function of the police or sue your lawyer. Philip was naive and admits that a lot of their problems came because of poor business practices and ineffective systems in operating their business. As for well well and consequences I have no intention of responding to you… ever. Since David identified your moniker as one of those linked to the naked departure site it certainly put in perspective your stance on a number of issues. I have no intention of even reading your comments so your attempts to shout down or intimidate will not work on me.
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@ Paula
Phillip admits that they only had an overdraft of $100,000 so where else would these euphemistically called “overdrawings” be coming from if not from the clients’ account?
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@ Paula
You say go to the police but often these are complex matters and the attorney has all of the documents. I seriously doubt the willingness and ability of the police to involve themselves in disputes between attorneys and clients.
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The bottom line is that the law should be that from the time you touch the clients’ account you have committed a crime.
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@Old Bajan
And that is the law.
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@ David
You mean that is the law right now? They are not allowed to borrow from the account? Please give me the reference number.
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@Old Baje
The academic Jeff Cumberbatch addressed the issue on the 6 March 2016 under the Nicholls blog.
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@ David
OK. Now that we’ve established that it is illegal to borrow from the clients’ account the next step is to devise a system of surprise audits. Our current system is based on the premise that all lawyers are honest and would never do such a thing. I used to be in a consumer goods business and I have witnessed lawyers paying for goods with cheques clearly marked “Clients’ Account”
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As part of their legal education are lawyers advised how to setup their accounts and office procedures?
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@ Old Baje
OK. Now that we’ve established that it is illegal to borrow from the clients’ account the next step is to devise a system of surprise audits.
+++++++++++++++++++++++++++++++++++++++
Skippa…. tek it easy!!
You want the world to come to an end? … surprise audits? …in Barbados?
You got money to build another Dodds? … in fact …ten?
Boss, if you were to institute surprise audits (or even ‘not-so-surprised’ ones) we would have to lock up all lawyers in Barbados except about four or five (depending on the notice given for the audit)….
You would have to lock up many private sector managers and senior staff…
You would have to lock up almost all the sports leaders… especially the fellows with the Lotto dollars..
You would have to lock up doctors, plumbers, mechanics … all the politicians… even undertakers…
Perish the thought…
Pay David no mind…
What law what… The use of client funds by lawyers represents nothing more than a disagreement between lawyer and client …and has even happened to Froon…
All it requires is to ‘get a lawyer’ – (who will have a first hand understanding of his lawyer -client’s dilemma…. 🙂
This from the highest source…
…in any case ‘The Law’ in Barbados only applies to to certain people….
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@Old Bajan
What framework exist to support surprise audits? Only central bank can audit banks.
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The academic Jeff Cumberbatch addressed the issue on the 6 March 2016 under the Nicholls blog.
It is also illegal here, Sarge. It amounts to a breach of the fiduciary relationship that ought to subsist between the parties
see the word “ought”. Listen if this were true, the lawyers would have a separate banking account for each and every client. They don’t. They have a cohobblopot, where monies and out are noted separately in internal books. This is how lawyer A can indirectly access lawyer’s B client funds, for they all end up in the same place. Why A/R can go undetected for years. And IF ONLY the senior lawyer assigned to any client, is the only one who can sign at the financial institution, then one establishes a clear line of cause and effect. It is a pain in the ass, but when persons cannot be trusted, it is the only solution.
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@ David
Financed by BA dues (which would obviously have to go up), an audit firm could visit one lawyer each week (the names could be picked out of a hat to make it random). They would look at the Client Account bank account and ask to see the paperwork associated with large withdrawals (at random). They would also have to contact the purported payees and see if they actually received the money. Obviously checking a few transactions per week would not turn up much, but the chance that it may would be an deterrent to lawyers borrowing from the clients’ account.
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@Old Baje
that would be an invasion of attorney/client privilege, and an invasion of propitiatory business knowledge (ie) how an attorney sets their fees.
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Paula…you are crazy…David cannot link me to Naked Departure because I have never been linked to the website, I read certain things on it, just like you and David.
I dont care how many lawyers you visited know or whatever, I was legally trained in the US and a dishonest lawyer is a dishonest lawyer…..Barbados has too many dishonest lawyers for a small island….only an equally dishonest person would try to justify their nasty actions.
And only a dummy would read my posts and then claim they will never read them, how did you know what I posted.
David…you really need to bring this proof linking me to Naked Departure…..really, since you are the one started the rumour, not that I care, but it seems people of a certain intellect do…AC and Paula.
I can guarantee you Sherri Veronica is wondering who the hell I am being accused of being linked to her…when she dont even know me….bring that proof.
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Northern…re attorneys fees, anyone can go to the government printery on Bay Street and get a schedule of attorneys fees, if it still does this, the printery…its not supposed to be a secret unless the attorney is over charging.
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Old Baje…Paula is an idiot or pretending she does not know that the police have to determine if a crime is committed when the tiefing lawyer, pick up the client’s moneyl, because though Jeff claimed this act of stealing client’s funds is ‘illegal’…I know it is not criminalized unless determined by the police, they can and do ignore complaints….violating your fiduciary duties to the client by stealing their money, is a very long jump to criminal…in Barbados, unless determined by the police….having social interactions with lawyers, does not make anyone a lawyer..
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I am reading of this account and that account, but on no account should the lawyer be given all of the money. Near the end of the transaction, the lawyer should make the client aware of his/her fees. When the amount of money is decided on, two checks are written; one in the client’s name and the other in lawyer’s.
I dealt with a lawyer in the US and that was how the transaction was done. Why do we copy everything (from the US) except the good and commonsense things.
I wish someone could convince me why a lawyer must have control of both his/her and the client funds.
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If the lawyer is honest, he she would only touch the client’s account to pay the client, personally I do not believe most lawyers on the island are mature or ethical enough to be handling any client’s money…particularly, insurance settlements…they do not even want to pass over the check that is in the client’s name, for goodness sake, some of them, their only intent is to keep the client’s money for themselves, come what may, knowing the client is injured and suffering …what kind of beast would do something like that…
I really hate when hypocrites pop up trying to deny the level of victimization of clients by attorneys so inclined…particularly when they are well aware it has been ongoing on the island for decades, everywhere you turn on the island someone can tell you they or a relative or someone else was victimized…yet the jokers and enablers want to pretend that it is not so….but how will you stop the exposure when it’s now all coming out in the wash….as it should…hypocrite.
I am in Toronto one day some years ago talking with a couple…wife was Bajan, the conversation drifted to legal matters, what do you think the couple had to say…only about their bad experience with lawyers in Barbados re their property, so when ya coming to justify, be better prepared.
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The ‘draft amendments to the Legal Profession Act’ as reported in Barbados Today, is comparable to the promise of ‘ integrity, transparency, accountability and freedom of information legislation’ promised eight years ago…2008.At that time, it was reported that it “has taken two years and nine months to get to this place where a government MAY actually publish draft FOI and Integrity Legislation for public consideration”. We are still awaiting that legislation! But instead, we were recently told that there is no problem of corruption in Barbados.Let’s face it ! Professionally, members of the legal profession are over-represented in Parliament. Many entered politics because they see it as a means of quick self-enrichment ! Some of them have been accused of professional malfeasance ! Unless aggrieved persons start taking the law into their own hands,( which is to be eschewed), does anyone seriously believe that there will be meaningful change to the Legal Profession Act even WITHIN THE NEXT TWO YEARS AND NINE MONTHS or, for that matter, anytime before we celebrate the centenary of Barbados’ Independence ? We will soon forget about Philip Nicholls’ revelations and return to our accustomed habit of being victims of the many thieving lawyers !
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Where there is no justice,even sensible people resort to hooliganism.I have stated a true story on BU when a maverick lawyer was denied access to a computer sent to a company in Bridgetown for repair and the company responsible for the repair withheld the computer for an inordinately long time.The lawyer Ambrose call the company director Brian and tell him in plain bajan…..Gaul bline yuh,u get my effing computer at my house by 10 o’clock tomorrow morning or I gone sen a convict fren ‘o mine that owe me a favour wid orders to break eva one ‘o dem effing show Windows yuh got out dey.
The computer was returned with hours to spare.
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@WW&C
I hope you do not allow yourself to be silenced. I think you do do a great job on the legal items that are of interest to the average Joe.
@Gabriel
Yuh bajan real bad…
I gih yuh sum help
Corl bline yuh,u get my effing computah at mi house by 10 o’clock tomorrah morning or I gun sen a convict fren ‘o mine that owe me a favah wid orders to break eva one ‘o dem effing show Winduh yuh got out dey.
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Lack of resources – bunch of BS, all the thiefing lawyers are friends and have dirt on each other. Pleeeeeeez!!
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@Well, what do you care being linked to ND at least she is ruffling some feathers. This Government want throwing out of Government and all the dishonest business people with them.
Most people in Barbados is living pay check to pay check and still afraid to bring down the corrupt at their expense – Stupse!!
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@David,
I cannot understand why we (Bajans) with easy access to the Internet, google and yahoo, do not use it, and then they show their ignorance by posting submissions on BU. All they have to do is Google “Solicitors Rules and see what they are required to do; which monies they can hold on to (in trust) etc, etc. All this thing and fringe is tiresome, when the answers are there. At the same time they can look up Judges’ Rules.
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@ Northern Observer
Re: Your 6:02 PM post
You have a good point about an audit violating attorney-client privilege. Any ideas on how to police these crooks? How is it done up north?
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Alvin, the rules may be there, but are they being obeyed? That is the heart of the discussion.
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@ TheGazer
Re: Your 6:51 PM post
Under our system attorneys have to hold money in escrow (usually 10% of the purchase price). The lawyer must have control of the funds otherwise they would not really be in escrow. Regarding insurance settlements, there should be some way (a law?) that insurance companies are directed to write two cheques (one to the claimant and one to the lawyer).
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@Retribution-things that make me go hum!
And it does not matter the innocent people who are maligned in the process right? With great power comes great responsibility.
BU has been at this blogging thing for a while, if we post an item it is 99% certain it is truth. What BU will never do is publicly reveal the IPs of commenters, it is not our style.What we will share as a general comment is that an ISP will allocate IPs to subscribers based on an assigned range.
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“This case presents this court with an opportunity to admonish the bar of the State that it is absolutely impermissible for an attorney to commingle his funds with those of his client or with money he holds as a fiduciary. Unfortunately, many attorneys are either unaware of, or indifferent to, this proscription….”
Every regionally trained attorney has been exposed to this, although some may have survived the exposure. It may not immediately be a criminal offense, but that depends on the availability of evidence of an intention to permanently deprive the client of his funds. This evidence might not be easy to establish
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The Gazer…..the lodge members of lawyers and tight circle of criminals posing as lawyers in Barbados cannot send lightweights like Paula and expept to silence me….they think Sherri Veroinca is bad…at least she is giving them a chance to clean up their nastiness…knowing more than her about what they been doing on the island to their own people for decades…they will get no such chance from me….I take no prisoners.
What most people are missing, but which that clicque of lawyers who practice organized crime in the supreme court is well aware, that Bajans who reside on the island are very rarely, if ever, able to get any of them locked up or disbarred for their crimes against the people, they are protected from their victims by other dishonest lawyrrs, the Attorney General, Prime Minister, DPP and his office, the police who can easily get a call from any of them telling them whether to back off, or if the lawyer is not a lodge member….lock him/her up…..these bitches dont know it yet, but they dont want to be floating around trying to annoy or anger me…in any form.
The only people who have been successfully, not many though, in getting one or two dishonest lawyers locked up, disbarred or getting a judgement, but not paid, are those Bajans or others living in North America or England who lost property and money to thieving lawyers…many people in these countries were also victims, but most did not have the resiurces or time to leave their jobs and spend 7 to 8 years fighting a thieving lawyers all the way to the supreme court and appeals.those are the ones who are usually determined to expose these lawyers and have them arrested, some are usually successful. .
If the victims in the US formed a group and marched down to the island fighting for what they lost, there are sure to be numbered in the thousands, so them little snitches like Paula better stay clear of me.
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Jeff…thanks for explaining to those who do not understand the differences in how the laws are interpreted.
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Retribution…I really dont care about being linked to ND, but since David is being accused, I want things cleared up for the illeterates who do care….lol
Remember. ..I am mostly outside of Barbados, but can be more dangerous than ND to those lawyers who think they are all of that,…if I need to be.
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Old Baje….after multiple thefts of claimant’s insurance settlements by their attorneys, the rules were changed to accommodate the clients by eriting two checks….but I do not know who prayed for the attorneys who cannot seem to restrain themselves from stealing, but some of them still go out of their wsy to steal from the client….using their alliance with the defending attorneys and the insurance company, that conflict of interest can be used to successfully reduce the amount that the injured claimant can be paid, if the client is not legally savvy…the client can very well end up getting very little to no compensation. ..that is how the crooked lawyers operate….just like the dude who was lying in the hospital homeless while his lawyer stole the 13 million dollars the insurance company paid out, but he chose not to give this suffering man his money…they can be brutal and animalistic and need to be taken down…dude did not even onow the money was paid.
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@ David
And it does not matter the innocent people who are maligned in the process right? With great power comes great responsibility.
+++++++++++++++++++++++++++++++++++++++++++++
Skippa, you are in the same business as ND……the only difference is that you are a nice family doctor and she is a radical surgeon. If the patient has failed to respond to your medicine after 9 years …and the symptoms are getting worse …. don’t you need to refer them to the surgeon?
You think surgeons are squeamish people who lose sleep because they may leave a few scars?
You think that they bother about the fact that a previously firm organ may never again percolate?
… or that chemotherapy damages some healthy cells and cause hair loss…?
Cancer has set in…DESPITE your measured medicine boss… Surgery is the only option even then, things still looking ‘shaky’…. your painkillers and antihistamine are NOT working…
THE DAMN PEOPLE ARE GETTING WORSE …NOT BETTER.
By the way ….
Name ONE “innocent people who are maligned” that you know….. 🙂 It would have to be a child….
The old folks used to say that…
“what miss yuh in the swing does catch yuh in the turning”
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… and to think that one government official was in New York last year promising,to all and sundry, that thieving lawyers in Barbados would soon be a thing of the past ! Bajan Yankees beware ! As a matter of fact, ‘a promise is but a comfort to a fool !’ Things will continue to get worse !
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@ Jeff
It seems to me that you have admitted (5:54 AM) that borrowing from the clients’ account is only a crime if it can be proven that the lawyer intended to permanently deprive the client of his money. Isn’t this the nub of the problem? Shouldn’t it be immediately a crime for a lawyer to borrow from the clients’ account? When all of the clients’ money is co-mingled in a single account how can one client say that you stole from him? Can you agree with me that the rules governing this need to be changed?
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@ WW & C
I know for a fact that some attorneys in Barbados sell out their clients to insurance companies. There is no system to prevent this. People just have to find as much information as they can and be very careful when picking a lawyer.
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@ Old Baje
I know for a fact that some attorneys in Barbados sell out their clients to insurance companies.
+++++++++++++++++++++++++++
Not only to insurance companies… Lawyers ROUTINELY get together and decide how they will dispose of their client’s cases with the opposing attorneys …and it mostly depends on which Lodge the client is in; how savvy (ingrunt) the client is; and how much money/work is involved.
Such ‘disposals’ often involve delays “until death do us part”… withheld arguments in court…. withheld documents; …. or compromises designed to maximise the lawyers’ fees and to minimise the legal work involved.
Lawyers are near the top of the list of the worse set of people on this earth….. and they FULLY deserve the position.
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@Bush Tea
We can debate your analogy but BU knows for a fact that several postings on the website are manufactured, we have a problem. You are the one who always refer to karma. There must be a sense of decency to what we do.
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BTW Bushie, a surgeon operate with precision.
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I wrote before that up in the sunny North that lawyers ask the Banks to ensure that all Service charges accruing to their Trust Accounts be billed to their General Accounts. If the Banks somehow overlook this request and bill the Trust Account, in most instances the lawyer will not transfer the funds from the General account to cover the charges but will ask the Bank to reverse same. In other words, they want to be as scrupulous as possible in distancing themselves from the transaction as funds in Trust Accounts are to be used for the benefit of the client. If there is a major screw up, say a certified cheque is charged twice to a Trust Account the Bank may be asked to write a letter of explanation to the Law Society. Trust Accounts are not the primary preserve of lawyers; Real Estate firms also have them to safe guard their clients interest (if a purchase falls through).
In my view there should never be a “comingling” of client funds and lawyer funds, if a lawyer has any account where funds are “comingled” I would surmise that it is for nefarious reasons to thwart the eyes of those who would be investigating any fraudulent activity (not that there is any chance of that happening in Barbados).
The issue of suspected lawyer fraud, delays and general abuse of clients is a recurring issue in Barbados and where there is smoke there is fire. I don’t have any statistics but giving the number of people being admitted to the Bar annually perhaps the island has the highest number of lawyers per capita in the world and when the pie has to be shared by so many, some lawyers may take advantage of the situation for their own benefit to the detriment of clients where there is no meaningful oversight.
Take a stroll through the Law Society of Upper Canada (my neck of the woods) website, I believe they are transparent in how they deal with complaints and other legal issues.
https://www.lsuc.on.ca/
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@ David
You mean a GOOD surgeon operates with precision…. which is why Bushie has been encouraging BU to give up the general practice and move into surgery.
You must know that when cancer hits, in the absence of good surgeons, the patient has no choice but to subject themselves to the crudest of methodologies (including witch doctors)….
BU has tried…. but the patient has been too ‘brassy’
….after a point yuh gotta call on Doctor Jerry…..
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Jeff, you have an impressive way with words…one can say you speak like a lawyer….LOLL.
Pray tell what exactly does it mean: “Every regionally trained attorney has been exposed to this, although some may have survived the exposure. It may not immediately be a criminal offense, but that depends on the availability of evidence of an intention to permanently deprive the client of his funds. This evidence might not be easy to establish”
May I …..
——- “Every regionally trained attorney has been exposed to this, although some may have survived the exposure.”
So, every attorney has been clearly educated and advised that ‘this’ is wrong and unethical. They have been cautioned of its infelicity so extensively that its like an over exposure to the sun where a bad burn can result….they survived. Is that one prolix of your cryptic remark????
——- “It may not immediately be a criminal offense, but that depends on the availability of evidence of an intention to permanently deprive the client of his funds. This evidence might not be easy to establish.”
So, if money is taken -which is wrong- but it is available to be paid when it’s due to the client then proving criminality is impossible. However, if it can’t be paid when due then an action for theft can be advanced. Again, is that an accurate enough prolix of your second cryptic sentence?
And to cap it all, although we have trained lawyers who understand the concept of inviolable lawyer-client confidentiality and the rules and regimen of precedent, all the archaic Latin phraseology and the myriad arcane aspects of the legal process they can’t grasp that using money that DOES NOT belong to them is wrong, unethical and illegal.
Amusing or should that be ‘I am not Amused’ …LOL…
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@Sargeant
The reverse is true, lawyers are paid interest on funds – clients monies or not – to allocate as they see fit.
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Pedantic..you deserve that one…lol
Old Baje….not only do the plaintiffs attorneys collude with defense attorneys re insurance claims, but they dont ever let the clients know upfront, that they have working and other relationships with the defense attorneys and the insurance cimpanies….a very clear unethical and should be criminalized, conflict of interes practicet….but wait…in all of these scams and fooling the client, working hard to reduce the compensation, without the client’s knowledge, so they themselves would get the lion’s share of the client’s compensation to divvy up among themselves. ….the shithounds for attorneys STILL have the nerve, to manufacture fees to charge the unknowing clients…they tell lies to manufacture fees, so inevitably, the client is victimized not once, but twice throughout the course of the 10 or 15 yesrs their attorneys work hard to find endless ways and means in collusion with the defense lawyers and insurance company to delay the case indefinitely and clog up the supreme court to their benefiy
They better dont piss me off, if they know what’s good for them…I too know the law as it relates to ceryain practices. …and when I finish with them, they will be begging for Sherri Veronica and Naked Departure to help them out..
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The practice of allowing lawyers to accumulate money on client’s accounts should be stopped cold, made a criminal offense…too many keep the client’s money indefinitely. ..the “to allocate as they see fit” translates to, they can keep the interest money for themselves, the longer they keep the money on the account, the more money accumulates, until naturally, after 10 or 20 years sitting in the bank, the attorneys no longer sees the cmoney as nelonging to the client, so they just keep it, the client will then have a hell of a time explaining to the police, why they allowed the attorney to keep the money that long.
Does lowlife Michael Carrington, speaker of the house of thieves not come to mind…re holding on to the gentleman in the wheelchair money for years, hoping the man would die, how would his beneficiaries be able to fight for the estate after he or Carrington died. died …wont happen..
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@Bush Tea
Others are free to do as they please, the BU household will continue to use our best judgement.
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Ok…
Just don’t judge them….
Leave that to higher authorities.
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When a young student decides to study law is it out of a desire to ensure that justice is provided to all, or is it seen as an avenue to get rich quickly.
Perhaps we have to find a way to teach new lessons in honesty at Cave Hill, as that is the last point to bell this cat before letting it loose on the public. Of course someone will point out, not all of these thieves were trained at Cave Hill.
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@Bush Tea
“Skippa, you are in the same business as ND……the only difference is that you are a nice family doctor and she is a radical surgeon.”
I share a similar opinion. It is like deciding to go to see Richard Pryor or “Bill Cosby”. One was raw and unedited comedy, the other was clean.
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@TheGazer and Bush Tea
Let us agree to disagree. We try to verify our blogs and encourage others to challenge. We don’t manufacture stories. BU content is miles apart form the salacious bullshit posted on ND.
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Agree, I compliment you on adhering to the Marquess of Queensberry Rules.
ND has thrown elbows, jabs, sucker punches and the kitchen sink. Sometimes I wonder which approach is most effective.
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@Gazer, “When a young student decides to study [MEDICINE OR ACCOUNTING] is it out of a desire to ensure that [GOOD CARE OR GOOD SERVICE] is provided to all, or is it seen as an avenue to get rich quickly…..??
Can that question not be paraphrased in that way too?
As duplicitous as lawyers are, can we honestly say that they are fundamentally any worst that the other professionals who offer themselves to the public?
A lawyer has been described as having ‘broughtupsy’ and family values and many of these individuals like him are scions of similar ‘family value’ households. Yet we are extensively debating a basic concept of right and wrong enunciated at the Sunday school class they all attended or heard in one of their chats with Mummy or Daddy.
Yet we seem to be confused why corruption is so rampant across the board.
Absolutely comedic, to use a word you said previously.
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Pedantic…none of the other professions are in a position to steal as much money from vulnerable people the way some lawyers do, except for politicians.
No right or wrong or adherring to laws, ethics, morals, etc…..just ugly greed and the available opportunities to victimize helpless, vulnerable people..
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Gazer….many of the very worst crooks who destroyed the supreme court and stole from Bajans were schooled in England, members of inner temple and all the pretentious crap they carry on with, many of the older attorneys schooled at UWI Caribbean are also some of the worst culprits, the younger crooks like Fields, Alexander etc….do not have the finesse of the older ones, people are more knowledgeable, there is social media and the wannbe thieves are in too much of a hurry too get too rich, too quickly.
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The majority of our present-day lawyers are graduates of the Faculty of Law at Cave Hill. They graduate and immediately expect to live in ‘The Heights’, drive ‘big rides’, drink ‘big mout’ drinks’, not have ‘staycations’ or even vacations in other ‘Caricom member states’, but ‘vacations in Europe, Asia and other far off destinations. Teaching Ethics and Morals or even Religion at the Law School will not make its graduates honest and trustworthy. There is an urgent need for meaningful laws designed to ensure our lawyers’ honesty, trustworthiness and integrity, that all their dealings will be above board, that our society will be protected against those with ‘sticky fingers’, and those who would sell their otherwise (hopefully) good character, ‘for a mess of pottage’. Sanctions and penalties must be certain, severe, indiscriminate, and swift in their application! No more unjustifiable and unreasonable delays ! No more should we be satisfied with being the laughing stock of judges at the CCJ ! But can we realistically expect change at anytime in the future ? Certainly ! When cats bark and pigs fly ! Pity !
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@pieter pieper
So who will bell the cat.
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@David
The cat has had a long-standing acute hearing deficit and is in a coma ! Maybe we should consult Philip Nicholls !
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@Pieter Pieter
BU is prepared to give Nicholls a space on BU – The Philip Nicholls Column – variable title based on topic of the day.
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@ David
Great idea ! I’m sure his contributions will be of great interest and will, no doubt, help in great measure, to facilitate meaningful change particularly in his area of expertise… an area in which we, the people of Barbados, are suffering tremendously and unnecessarily ! I implore you to keep at it !
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Caswell Franklyn, is an eternal pessimist and I know that I have the support of some here in advancing this narrative. Because this legend in his own mind can’t help, but to spew and peddle his conspiracy theories as though the Barbados public pays him notice. A week ago there was an article written by our very Caswell Franklyn on the social media Barbados Today, in which he called for the disbandment of the Barbados Defence Force, and his very call for the removal of this institution confirms the fact that Caswell Franklyn is in progressive stage cognitive decline.
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@David, “And it does not matter the innocent people who are maligned in the process right? With great power comes great responsibility”
Your above statement is not my sentiments. Adults will be Adults!
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@ TheGazer March 17, 2016 at 12:00 PM #
“When a young student decides to study law is it out of a desire to ensure that justice is provided to all, or is it seen as an avenue to get rich quickly.”
The production of lawyers from the mill on the Hill of paper certification is what one would call a necessary evil.
Without the Law Faculty there would be no justification for the existence of that educational entity as a University campus.
Any void resulting from its closure can be easily filled by the BCC or any tertiary education and training provider with the development of the Internet and other ICT-based delivery methods posing the biggest threat to antediluvian and overly expensive to maintain physical plants like Cave Hill.
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And here is government able to find millions to waste and all types of pretentious nonsense, but cannot find money to pay lawyers who represent people who cannot afford representation.
http://www.barbadostoday.bb/2016/03/18/million-dollar-answer/
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http://www.barbadostoday.bb/2016/03/18/no-pay-relief/
What does Adriel Brathwaite AG, who promised to deal with this matter as quickly as possible…last year, Roger Barker the bad minded counsel, the other lawyer who keeps dodging this injured woman….do at their desks all day that they are unable or just dont want to address and settle this matter….do you know how you look to people on the outside hearing about this lack of care for another human like yourself…think about it, if you are capable that is..
http://www.barbadostoday.bb/2016/03/18/no-pay-relief/
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WW&C at 6:16 a.m.
Is this the same as ‘pro bono’ work in some states. Where the lawyer represent the client for free, but get some sort of compensation from the state,
Regardless, good work is being done by some lawyers in Barbados. There is yet hope.
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Gazer…there are lawyers on the island who do extremely good work and also handle pro bono cases, but if the government contracted with these legal aid lawyers to represent clients and be paid by government, the lawyers should not have to take their own money to fund that representation. …the government continues to look like the uncaring idiots they all are…
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