Marguerite Woodstock-Riley, Chair of the Disciplinary Committee
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?

92 responses to “Understanding the Challenges Faced by the Disciplinary Committee of the Barbados Bar Association”


  1. @ 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).


  2. @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.

  3. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    “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

  4. Well Well & Consequences Avatar
    Well Well & Consequences

    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.

  5. Well Well & Consequences Avatar
    Well Well & Consequences

    Jeff…thanks for explaining to those who do not understand the differences in how the laws are interpreted.

  6. Well Well & Consequences Avatar
    Well Well & Consequences

    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.

  7. Well Well & Consequences Avatar
    Well Well & Consequences

    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.


  8. @ 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”


  9. … 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 !


  10. @ 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?


  11. @ 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.


  12. @ 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.


  13. @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.

    >


  14. BTW Bushie, a surgeon operate with precision.


  15. 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/


  16. @ 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…..

  17. de pedantic Dribbler Avatar
    de pedantic Dribbler

    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…


  18. @Sargeant

    The reverse is true, lawyers are paid interest on funds – clients monies or not – to allocate as they see fit.

  19. Well Well & Consequences Avatar
    Well Well & Consequences

    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..

  20. Well Well & Consequences Avatar
    Well Well & Consequences

    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..


  21. @Bush Tea

    Others are free to do as they please, the BU household will continue to use our best judgement.


  22. Ok…
    Just don’t judge them….
    Leave that to higher authorities.


  23. 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.


  24. @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.


  25. @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.


  26. 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.

  27. de pedantic Dribbler Avatar
    de pedantic Dribbler

    @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.

  28. Well Well & Consequences Avatar
    Well Well & Consequences

    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..

  29. Well Well & Consequences Avatar
    Well Well & Consequences

    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.


  30. 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 !


  31. @pieter pieper

    So who will bell the cat.


  32. @David

    The cat has had a long-standing acute hearing deficit and is in a coma ! Maybe we should consult Philip Nicholls !


  33. @Pieter Pieter

    BU is prepared to give Nicholls a space on BU – The Philip Nicholls Column – variable title based on topic of the day.


  34. @ 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 !


  35. 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.

  36. Retribution-things that make me go hum! Avatar
    Retribution-things that make me go hum!

    @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!

  37. millertheanunnaki Avatar
    millertheanunnaki

    @ 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.

  38. Well Well & Consequences Avatar
    Well Well & Consequences

    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/

  39. Well Well & Consequences Avatar
    Well Well & Consequences

    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/


  40. 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.

  41. Well Well & Consequences Avatar
    Well Well & Consequences

    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…


  42. Hi,

    I am wondering if we can rank your website barbadosunderground.wordpress.com on Google, Yahoo & Bing, without having you to pay upfront fee. Not until you are ranked… Would you be interested?

    We specialize in Performance-based SEO, means you don’t pay if you don’t rank.

    Kindly reply to me if interested.

    Thank you,
    Mr Sim
    SEO Sales Specialist

The blogmaster invites you to join the discussion.

Trending

Discover more from Barbados Underground

Subscribe now to keep reading and get access to the full archive.

Continue reading