The latest report emanating from Adriel Brathwaite on amendments to the Legal Professions Act has appeared in several news outlets. For those who have not read about it, here is one such report.

The truth is that these amendments will be as much use as trying to stick a plaster on a gaping abdominal wound. They are merely a political ploy to make it look as if Adriel Brathwaite is actually doing something so that the electorate will feel that he is deserving of his salary as an MP. And, of course, allowing him – some refer to him as Nitwit – to jump on the BU bandwagon in decrying the BA and the entire justice system, which now has come into fashion in politics as if it is the idea of each and every politician who spouts off about it. We have never heard one of them give BU any credit – but never mind, we can live with that – we are an anonymous blog and service to the country.

A quick look at how things operate in other jurisdictions, a look that Brathwaite could have taken himself, provided he is computer literate.

ENGLAND AND WALES: 

In England and Wales, the qualifications to practice as a solicitor are determined by the Law Society, which as a result vests in the Law Society the right of discipline, without recourse to any Court of Appeal – although the solicitor concerned can appeal a decision by the Law Society.

Here is what the Law Society has to say on its website about complaints. These complaints can also be made directly to the Solicitors Regulatory Authority (SRA). We recommend that everyone read this link and advert your particular attention to the part dealing with the Compensation Fund, which will resonate loudly with far too many dissatisfied clients in Barbados. It will also be noted that the SRA has the authority to close a firm and take possession of its accounts and documents, so that if, for example, a solicitor is withholding your documents, the SRA can and DOES force that solicitor to give them back to you.

In England and Wales, the Law Society also mandates that solicitors are obliged to take out professional indemnity insurance.

ONTARIO: 

The Law Society of Upper Canada determines who and who cannot practice law in Ontario and, therefore, determines and applies disciplinary measures – see link.

The LSUC also has a Compensation Fund. However, be warned that, lacking an organization such as the UK’s SRA, in Ontario it takes ages for complaints to be addressed and dealt with, which is why they fudge the issue on their website and therefore for the Compensation Fund to kick in.

It is also to be noted that all Ontario solicitors must have personal liability insurance cover through LawPro. This insurance in both the UK and Ontario, provides that if you take a lawyer to court and win, it pays not only the lawyer’s legal fees and your legal fees, but also, up to a certain amount (I believe it is the equivalent of BBD$1.25 million) of any awards the court might make.

So compensation for the aggrieved and the costs of obtaining redress, other than trying to fruitlessly pursue and bankrupt attorney, is addressed by these countries.

BARBADOS

In Barbados, the BA does not determine qualifications or to whom practice certificates are issued. That is the right of the executive. And it is clear that membership of the BA is certainly not mandatory The BA cannot discipline, but may only make recommendations to the Court of Appeal. This prolongs an already retarded and cumbersome process.

Why can the Legal Professions Act (in Brathwaite’s amendments) not establish under the same authority that determines qualifications and issues practicing certificates, a disciplinary body with the power to enforce disciplinary measures? It isn’t nuclear science is it?

The truth is that as it stands, the BA has cocked up the whole concept of the Disciplinary Committee. The Legal Professions Act specifically states that members of the Committee are to be “NOMINATED” by the executive. However, guess what? The BA’s executive does not nominate members, it has them elected by the membership, no doubt preparing those aspiring to be members of the DC for later general elections.

The framers of the Act showed great wisdom in using the word “NOMINATE”. It allows for lack of conflict of interest in that it allows the executive to NOMINATE retired judges and attorneys, rather than having brethren sit in judgement on fellow brothers. It is also true to say that the senior attorneys NOMINATED ought to have extensive criminal law experience, as they have far more experience with the weighing and assessment of evidence. This too is common sense, as long as you know the difference between “nominate” and “elect.

At the end of the day, the only amendments to the Legal Professions Act that stand a chance of dealing with the matter of discipline is to remove it completely from the BA and into the purview of the authority that determines who can and who cannot practice law in Barbados and to give that authority the right to discipline without recourse to the Court of Appeal and also to give it the Compensation Fund to administer and make payments out of. Otherwise, the general public will think that these Nitwit amendments are merely designed for political gain and mileage and will not benefit them at all – and they will be RIGHT!

However, there is absolutely nothing that says that the Legal Professions Act cannot establish a separate entity, not under the umbrella of the BA, to deal with disciplinary matters and with the Compensation Fund and to disbar without having to waste more time going to the Court of Appeal (or, more commonly, not) after decisions that at best smack of bias.

So Mr. Attorney General now that you know how it works in other countries feel free to use BU to lobby and put on pressure for workable amendments to the Legal Professions Act, instead of just a political sticking plaster on a gaping abdominal wound.

49 responses to “Tales from the Courts – Adriel Brathwaite #bajanswantchange XXX”

  1. Well Well & Consequences Avatar
    Well Well & Consequences

    The Bar Association and Disciplinary Committee in Barbados are ugly jokes, I figured those two entities are used by those who volunteer or are elected or whatever, as stepping stones to titles and higher office, now I have been proven right….that’s disgusting.

    Those two offices cannot be taken seriously and should both be disbanded.

    Here is ample proof that parliament and the ministers never copy the positives of bigger countries but only the negatives that serves their narrow self interests.


  2. @Well well. Amen!!!

    @David. Well done. The amendments are rubbish and all they have produced is a chance for Adriel Nitwit to give the impression that he is a big, tough man determined to sort out the legal profession and the disciplinary committee. Meanwhile, what he is really doing is boosting himself politically and straining every nerve to cover up for his BF, the CJ. No wonder members of the BA have not wanted to waste their time discussing amendments that change not a blasted thing. Status quo masquerading as revolutionary changes in the public interest and the idiot doesn’t even get the fact that the electorate sees clearly the tactic and is not fooled. In fact, the only people fooled is the traditional press, but then they do not see that they join the justice system in the total eradication of public confidence towards them and no one believes these hacks either. Interesting how the loyalty of the cartel partnership of Nitwit Gibson & Co. has shifted from mindless support of Gale/Khan/BA to anti-Gale/Khan/BA. Clearly the thieves have fallen out and the cartel is looking for a scapegoat. I put that down to BU’s long-term and ongoing crusade for which you deserve the very highest credit. Hats off, sir. Researched, supported, reasoned – in other words, investigative, not blindly accepting.

  3. Well Well & Consequences Avatar
    Well Well & Consequences

    Amused…you nailed it, how long do they think they can continue in that vein, it has already come apart at the seams and everyone knows it, apparently except them.

  4. Sunshine Sunny Shine Avatar
    Sunshine Sunny Shine

    David, please provide more details relative to Adriel Brathwaithe’s proposals. You should know why. Cheers sweetie


  5. Many other issues are supposedly being addressed all of a sudden, crop theft, illegal dumping, violence in schools etc. Apparently they have “heard the people” and realize they “should have engaged us more.” Adriel said that they have “got their PR wrong.” But still nothing of the integrity legislation for parliamentarians! It’s like they have selective hearing. That is what we have been SHOUTING FOR more than anything else because that would have a domino effect and be the start of other things falling into place. Since many of them are attorneys I have no doubt that these new rules are nothing more than an attempt to fool the public. I am yet to meet ONE PERSON whom they have fooled. If you refuse to make rules to force parliamentarians to be accountable because you are one of them, you want me to believe you will make rules to force you to be accountable when your a$$ gets kicked out of parliament and your backside has to go back to practising law? Steupse!


  6. And Barrack got his money too, I see. Hark! The silly season approaches!


  7. Damage control for Cahill fiasco? What are they going to do about that mess? Any ideas?

  8. Well Well & Consequences Avatar
    Well Well & Consequences

    Donna..from what I heard, there are those eagerly awaiting the AGs return to private practice, hope they are not thinkig they wi be in parliament forever….that government wasted a lot of time talking a lot and doing very little to make positive changes, wasted years.


  9. @Well well. Do you seriously think that the other side will be better in government? Whipping and biting? In spite of the idiots that surround him, I am sticking with Freundel – de blood done tek wid de udder leader and when you add in those idiots, well……Pity we don’t have a third party. Pity that Bajans, usually so bright and independent, seem so brainwashed into not voting independent.

  10. Well Well & Consequences Avatar
    Well Well & Consequences

    Well put Amused..but they both need to be very ashamed and continually made to be ashamed of themselves and their behaviors in the last 30 years and the behaviors of their predecessors and both political parties in the last 50 years, that disengagement from the people who elect them every five years, will return to continually bite them both…they pay attention to the wrong people and expect the majority to be satisfied and accepting of mediocrity.


  11. Check this link out still on the BAR website.

    http://barassociation.com/components/…/documents_download.cfm?.

  12. Well Well & Consequences Avatar
    Well Well & Consequences

    http://www.nationnews.com/nationnews/news/80739/lawyers-legal-aid-action

    Why does government never want to pay it’s bills, why does it always have to reach a critical stage.


  13. It is amazing to me that the lawyers of Barbados continue to get away with behaviour which would get you instantly struck off or dis-barred in the civilised world, even those lawyers with high profiles who call themselves “honorable” and who hold a position of respect in society.
    Some of these crooks are very vocal about probity etc. yet hang on to their clients’ funds for months or even years beyond legal deadlines and have to sued in turn by their clients who desperately try to get their own money back.

    Proceeds of sale, insurance settlements which rightfully belong to the client seem to disappear into lawyers hands and can only be wrested out of those corrupt hands by further legal struggles by the client who has to use yet another lawyer to claw back what is their OWN MONEY, even after the original lawyer has deducted his proper fees.

    In turn, that means more fees for the new lawyer and waiting yet again, for the client to just get their own money back.

    It seems that lawyers and the judiciary are hand in glove and as that glove is passed from hand to hand, everyone gets a payoff. Apart from the client, as court dates seem to conveniently get postponed for random reasons etc.

    There are hard and fast regulations enshrined in the Barbados legal system about the protection of clients’ funds, yet lawyers are flouting these with gay abandon and nothing is done to discipline them.

    Obviously the buck stops with the Attorney General who is meant to oversee probity in the legal profession, yet he turns a blind eye to this appalling behaviour by lawyers. You have to wonder if he is also getting a rake-off.

    Hiring a lawyer in Barbados does not provide support or protection it just throws the poor client into a greedy, Mafia-like maw that feeds on your funds for as long as possible.

  14. Well Well & Consequences Avatar
    Well Well & Consequences

    Why you think the bar association lawyers are thumbing their noses at AG Brathwaite and it’s taking them 6 years and counting to return the draft legislation re regulating the legal profession , 90% of the problem is that Brathws5ite, being one of the clique of practicing lawyers before being elected to parliament, did the same damn wicked, vicious things to clients and now wants to regulate the brethern, for doing the same thing.

    How many lawyers and how much time does it take to amend and approve a draft legislation, even if, as the lawyers are accusing, the CJ is being tardy in responding to some concern or other.

  15. Well Well & Consequences Avatar
    Well Well & Consequences

    It’s unfair that an injured claimant is made to wait 3 years for the statute of limitations and the attorneys only file the claim the week or day before the claim expires, some plaintiff’s attorneys….and I said some, if paid enough by the insurance company to sell out the client, lets the statute of limitations expire….no case is filed.

    It’s unfair that once that case is filed, the injured claiman if following up his or her case, has to wait one more year to get a court date…which makes a total of 4 years, so far.

    It’s unfair that after getting the court date, the claimant goes to court, only to find out that the case is not on the court list….another 3-6 month wait for a date.

    In the meantime the doctors are being paid out of the claimant’s pocket for treatments and surgeries and medical reports, the lawyers are being paid by the insurance companies to ruin the case, the plaintiff’s lawyer is being paid by the client and if corrupt trying to get paid by the insurance company to lose the case.

    It’s unfair that the defense attorneys tell lies to the judge’s face to delay the case, lie about receiving documents, lie to the claimant about the doctor’s qualifications and specialty, if the lawyers are colluding.

    The claimant’s attorneys try to get adjournments to create further delays. The insurance company pays corrupt lawyers to withhold medical reports from the judges. Pays doctors to tell lies on medical reports. So everyone is being paid..except the injured claimant, personal injury cases are just a means to enrich everyone else, except the injured claimant, through the court system…..and that is the scam that’s been running in the judiciary, for decades.

    The system is extremely flawed, there is no balance or justice unless that claimant is just as mean spirited and vicious, the others who are relying on bad lawyers to protect their cases are eaten.

    It’s unfair that 9 or 10 years later a case can still be dragging throught the system.

    The judges need more power to put an end to these ridiculous and unfair practices.


  16. The judges need more power to put an end to these ridiculous and unfair practices
    ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
    The ‘Judges’ are mostly just EX-thieving lawyers who don’t want Pandora’s box opened.


  17. @Bush Tea

    More to the point, many of the lawyers who are now judges could not cut it in private practice and the BMW became an alluring alternative.


  18. Yes, we have so much to be proud of on this 50th anniversary of Independence! Our proud, industrious nation is backpedalling to attain the status of some third world tinpot country. It’s not “unfair” it’s criminal.

  19. Well Well & Consequences Avatar
    Well Well & Consequences

    The Bushman…the judges are being watched so closely days days, they will be foolish to push the envelope, those who are known to have a thing or two to hide in a pandoras box.


  20. @Well well. While I agree with most of what you say in general terms, you haven’t quite got the handle on it all.

    There is a period of time during which an action must be filed, or it become statute-barred. Once the action is filed, certain deadlines have to be met and your attorney has a big problem if they miss these. Negligence. That they wait until the last minute is entirely reasonable, as it allows negotiations for a settlement to maybe succeed which, given the state of the courts, is desirable as if shortens the wait considerably.

    Insurance companies cannot withhold, nor can their attorneys, any medical reports, nor can the doctors. How can they? The attendance of the injured party at any medical examination would be arranged through the injured party’s attorney and so the court would order that the other side produce those reports if they failed to do so voluntarily. Also, the authors of the reports can be examined and cross-examined on them. Also, both sides can seek expert evidence.

    I do take your point that the process is far too long, but this is hardly the fault of attorneys. Remember, most PI lawyers worldwide actually work on contingency (no win no fee) so they don’t get paid until their client does. Once again, the delays are solely the fault of an incompetent judiciary and its support organisations like the Registry.


  21. Amused,

    I know an attorney who stopped doing personal injury claims because she thought everybody including lawyers were deliberately frustrating the process. She told me of lawyers who told their clients they were waiting for her to complete documentation when they themselves were the hold up. Maybe the lawyers prefer payouts from the insurance companies for doing no work than payouts for doing work. She also thought that doctors were being paid by insurance companies to write poor reports. My doctor was appalled at the report written for a patient whose injury occurred outside his office. Also a lady told me that after getting a very poor report from her doctor she discovered that he was also on the insurance company’s payroll. And right now I know a lady whose judgment was handed down two years ago. No appeal has been lodged by the insurance company and her attorney is dodging her. She has approached another lawyer to follow up and he is demanding $700 to start. Poor soul hardly has $7.

    If you are one of the clean ones, keep your mouth shut.


  22. Drive by ? Wunna importing North American ghetto methodologies???

    http://www.barbadostoday.bb/2016/05/02/woman-in-serious-condition-after-shooting/

  23. Well Well & Consequences Avatar
    Well Well & Consequences

    Amused…you must jave been out of practice for some time, yes they can withhold a medical report from the judge…now this is personal first hand knowledge.

    Yes I know of the statute of limitations deadline, the insurance companies do not use that time to settle, but use the time to get out of paying the claim, whether it’s bribing the doctors, plaintiff’s lawyer or whoeverelse is so bent….you are talking about what should happen, but never does, in the reality and corruption the supreme court has become.

    This really happened Amused…a claimant after dodging being sent to the wrong doctor by the insurance company and the lawyer who should have protected the client, decided after seeing the right doctor, that the attorney could not be trusted and insisted on taking the bundle of medical reports to the insurance company doctor personally.

    Upon looking through the reports, noticed that one of the reports in the bundle was missing, now this is a report that was listed on The List of Documents as having been filed over a year before, so naturally the claimant checked with the court and found that the attorney, did not file the document, maliciously withheld it from the court because of his arrangement with the insurance company..when asked about the medical report missing from the bundle, he swore he never has the report, to send him a copy, the nerve of that fraud.

    What the claimant then did is priceless…the client filed the medical report with the court personally, remember it was on the List of Documents any, and told the attorney to serve it on the defense or the judge will be told what he did….so dahling, dont tell me it cannot be done…it is being done.

    Suffice it to say, the lawyer knew what time it was and gave the client back the file, without being asked…so the client could move on to a real lawyer.

    There is more but I want you to keep telling me that this nastiness is not being practiced by insurance companies and some lawyers at the supreme court…lol

  24. Well Well & Consequences Avatar
    Well Well & Consequences

    Amused…it can get even worse for personal injury claimants, trust me, it’s rotten to the core the conspiracy between lawyers, doctors and insurance companies against injured people, it’s not all the fault of the registry, maybe before with setting court dates, but I can tell you for sure, the insurance company doctors tell lies, their lawyers lie to the judges and tell them they never received medical reports, when they did, any lie to delay the case for many years…that attorney I told you about, only just got away by the skin of his ass, the client would have finished him off.


  25. @ WW&C
    For the life of Bushie, why the hell are you not naming these frauds?
    You going wait and let one of them have to face the whacker,,,?

  26. Well Well & Consequences Avatar
    Well Well & Consequences

    Bushman…those are names I called on here already, ask David, one of 3 names in a law firm, the name is also on page 248 second paragraph to pages 251 in Philip Nicholl’s book, as “holding papers” for…. the lawyer representing Griffith in the thiefing of client’s money at Cottle Catford..the other name I called on another thread earlier today, easy to trace Bushman.

    Besides, you already know the lead insurance company CGI is famous for these nasty corrupt things in the supreme court, given license by Simmons and some politicians and one of the law firms representing CGI is lead by none other than the same name I called on the other thread earlier.., think former director at thiefing Clico insurance.

    Now after reading the Nicholls book, here is what pissed the client off, the lawyer was named on page 248 second paragraph of Nicholls book as “holding papers” for the insurance company lawyer in 2011, took the file in 2012 and never told the client of his close relationship with the defense attorney, but ended up withholding the medical report from the court, suffice it so say, the client was fit to be tied when the book came out and saw the conflict of interest the lawyer subjected the case to and the fight that occured in the 2 years before….vile piece of work…now you know who it is, both you and David and everyone else who read the book.

  27. Well Well & Consequences Avatar
    Well Well & Consequences

    Bushman..ya checked the book yet, if ya did, you again know another bunch of lawyers to stay well away from, there are real lawyers on the island, who do not have to be fly by night immoral croòks to survive…but those who like to sleep with dogs always come up laden with fleas.


  28. Amused,stop the pretence and the defence of the defenseless.You have been proved wrong in the matter of the BA and what you said the VAT office should do.Caswell pointed out that the BA is not a registered trade union.You have been again proved wrong in stating that you revered friend is a gentleman,yet he entered a private dwelling to commit an assault on the homeowner.He is lucky to be still walking about making a nuisance of himself with his sidekick Gollop,last seen in the company of the maverick idyut of Alexandra notoriety.The brethren suggest Gollop is the man who keeps the old fellow current in law and translate when he conveniently does not hear the bench.WW&C has just pointed out another area in which you are to be guided.


  29. @Gabriel. You have an agenda. What that agenda is is crystal clear. It is to attempt to bring down Mr Smith and anyone who takes an opposing position to yours. To this end, you constantly try to divert the discussion on to the subject of which you appear to have intimate views not to mention information, none of which do I accept and all of which you seek to pass on as anonymous and unsupported gossip, rather than putting it into court documents and a formal application – on which you may be summoned to witness and cross-examined by the court……..as may Mr Smith and any other witnesses. May I, with the utmost disrespect and distaste, suggest to you that Mr Smith’s reputation, particularly at the level at which he practices and socialises, is not assailable by you or your alter ego Mr Roger Smith, he who is no longer represented by Mr Giles and Y&B for good cause. By the way, how have I been proved wrong in the matter of the BA and what I said the VAT office should do? Where is the court decision and ruling? Please share it with us. I have never been reluctant to admit error on my part, so share these court decisions with us all and advise if there is any appeal.

    @Well well and Donna. While I accept everything you have said happened, my experience makes me really question how it could have happened. @Well well, you made a comment that resonates with me. “….so the client could move on to a real lawyer”. A real lawyer is what the client should have got in the first place. The trouble with Barbados is it is small and nepotistic/incestuous when it comes to choosing a lawyer. People listen to the advice of friends, instead of doing due diligence and finding the best lawyer for them. I don’t care if Auntie Florence has a godson who she thinks is the best lawyer since Perry Mason. The questions the plaintiff has to ask are, “Is that lawyer going to do the job for me? Has that lawyer the necessary experience to do what I need to get done?” Most importantly, “Is that lawyer going to be honest and forthright and tell me the truth so that I can decide whether I am wasting my time and money, or not?” On the face of it, these are difficult questions. But in actual fact, they are not difficult at all. If the client does their due diligence and refuses to listen to unsupported crap from people who have definite views about lawyers whom they have never met, have never had dealings with, are related to or friends with or sleeping with and these advisers are spouting scandalous opinions on based solely on hearsay…..then the client will make the wise choice. BTW, likely not Mr Smith who, at almost 86, has been trying (with a spectacular lack of success) to reduce his workload for well over a decade now…..but if your case is interesting enough and there is a sufficiency of a denial of justice, you never know…….and it does not do any harm to ask.

    I suppose that the litmus test really is to find a lawyer who will work on contingency (no win no fee). The senior people are unlikely to do this – they don’t need it – and they will tell you up front if they have a conflict of interest (in other words if they or their firms are involved with the insurance company in question). The advantage of contingency is that you have the comfort of knowing that if the lawyer takes the case, you do have a good chance of success, because the lawyer is then committed to working a very great deal for no financial return for quite an extended period of time. Think of the salesman who works on commission only – it is the same thing. Except in this case, the commission is 33.3%. Also, be warned that contingency does not cover filing fees and out-of-pocket expenses (which could range from photocopying to medical and private investigation reports) – so you will get bills, but not for the lawyer’s time. Also, a good lawyer will ascertain with you if you can afford the expenses every step of the way before incurring them themselves.

    It is useful also to insist that the lawyer write you a letter in which they state their opinion and give you a statement of the percentage of the chances of success as is customary and standard practice in other countries, but be aware that, as there are sides to each case, this percentage may alter from time to time. If it dips below 50%, a good lawyer will seek your instructions to reach a settlement and end the case.

    Mostly these cases involve civil negligence, as opposed to criminal negligence. A client, of course, can be expected to take and represent the position that they did nothing to contribute to their predicament. However, the facts adduced (or that will be adduced in court) may well (and too often does) show that, even though the defendant was right in the eyes of the law, the plaintiff contributed to the negligence. In fact, sometimes the percentage of contributory negligence is greater than the degree of negligence itself. In which case, your lawyer will seek your instructions to reach a settlement.

    Now, having in my time worked for both sides, plaintiff and defendant (insurance companies) in PI cases (and I refuse to involve myself in PI cases any longer) I think that a consideration of both sides may assist. The defendant (insurance company) is inundated with legal matters, of which over 50% are nuisance actions – people claiming soft tissue injuries and those are notoriously difficult to prove or disprove and on occasions I have known the insurance company to hire private investigators to look into them, only to find that the injury claims are completely false and the investigators will take verifiable photographs or obtain admissible evidence to prove their falseness. So the insurance company will likely offer their usual settlement for nuisance actions so as to avoid for themselves the far greater expense of going to court. And I deeply regret to say that there are lawyers who almost exclusively rely on these nuisance actions and settlements for their daily bread. And this is partly responsible for driving up our premiums.

    So, what have we got so far? We have an insurance company incurring the expenses of their own lawyers, their own doctors and experts, likely also private investigators and to this are you seriously telling me that they are going to buy off plaintiff’s counsel and doctors and expert witnesses as well? I submit that it would be less expensive to settle the claim. After all, insurance companies do not follow the irresponsible culture and practices of governments when it comes to matters financial.

    Suppose for instance that a LEGITIMATE claim is likely to result in an award of $1 million, just for argument’s sake. The plaintiff’s lawyer will get 33.3% of that amount. You can do the math for yourself. So you are telling me that the insurance company will pay the plaintiff’s lawyer just under $350,000, plus pay their own counsel, doctors, experts and PIs? Yeah sure. That really would make sound financial sense – not. I would offer, as I am sure the pragmatic counsel for the insurance company would also offer, a settlement of say $500,000, but accept that the plaintiff’s counsel is going to try to increase the offer to somewhere in the region of $750,000. The eventual settlement will likely be between $500,000 and $750,000 which the plaintiff would be well advised to accept, rather than going through the long process of going to court and the relative uncertainty of what award the court might deem just.

    If you are working on the plaintiff’s side, you are really hamstrung by how much the plaintiff can afford in terms of independent medical assessments and expert opinions and remember that the defendants’ side have the right to demand that the plaintiff submit themselves to examination and assessment by their own medical and expert resources. Then, each side has the right to cross-examine and try to impugn the medical and expert opinions.

    Insurance companies are understandably cautious about any claim, given the very high percentage of nuisance and meritless claims they receive, most of which are alleged soft-tissue injuries. So it is not easy to strike a balance.

    I have two friends overseas. One of them is a PI lawyer and the other a car mechanic. At one time or another, both of them have been involved in traffic accidents and in both cases the other side has admitted liability. In both cases, the claims were amicably settled within two hours of the accidents. Yet even now, years later, they both receive calls and letters from no win no fee law firms seeking to represent them on what amounts to a nuisance claim. I am told that the usual approach is, “We can get you a four figure settlement.” Which they likely can as a nuisance settlement involving suborning perjury about non-existent soft tissue injuries. And these calls and letters will continue for the entire six years of the limitations period. Meanwhile insurance premiums will continue to rise for all. They do not call these lawyers “ambulance chasers” for nothing.

    I am not surprised, @Well well, that the attorney who failed to file the document set out in the List was most willing to get rid of your friend as a client. Has your friend considered sending all the evidence with a complaint to the BA’s BC to the attention of Mrs Woodstock-Riley? But first, I would actually consider writing the attorney concerned and stating this intention……you never know what might happen then, if you get my drift.

    I hope this in some way assists. It is not meant to decry or impugn anything you have said, all of which I accept as your considered opinions based on the evidence available to you. Merely I offer an alternative view for your consideration which, as I have no axes to grind either way, is factual, independent and non-partisan and is based on actual/real experience.

    BTW, @Well well, the names of the lawyers you are reluctant to name but state they are named by Nicholls. As Nicholls has published these names, provided you don’t take a position on his allegations and state that clearly for the record and merely report what HE has said in his book, then…..if you don’t follow me, I am sure that @David will be able to assist you.

  30. Well Well & Consequences Avatar
    Well Well & Consequences

    Amused…I called one of the lawyers name on a thread yesterday and every chance I get, I have called the same lawyer’s name and those of his law firm partners on here previously, no reluctance involved. People remember.

    Suffice it tp say what Nicholl’s book alludes to has nothing to do with the case I mentioned but, had Nicholls not written the book, the client would not know why it felt like the client wss fighting both the plaintiff and defense attorneys…in other word, the client’s eyes were opened by the book…

    “@Well well and Donna. While I accept everything you have said happened, my experience makes me really question how it could have happened. @Well well, you made a comment that resonates with me. “….so the client could move on to a real lawyer”. A real lawyer is what the client should have got in the first place.”

    It happens very easily Amused, there are lawyers whose sole intent is to get rich quickly and to do so, they take large bribes from insurance companies and whoever will pay them , to sell out client’s cases, in this case, the client was just as vicious as the lawyers involved.

    And what will now resonate with you more , is that the attorney is not from Barbados and should not have been in that pit of vipers against his client to begin with, he aligned himself with who he thinks can further his self enrichment plan from the island and from clients….a real attorney with ethics and morals would not do so and would avoid the scum on the island….like the plague.

    Amused…you will find you are not just dealing with any insurance company, you are dealing with one with David Simmons as consultant, where the 350k would be divvied up among all the players so as not to pay the injured person a dime…you have been out of the loop too long.

    While your information is very useful, in some cases the insurance company and the lawyers involved all know from the very beginning they are going to lose the case, should settle, but because they believe themselves untouchable, despite all the proof and evidence to the contrary, will try their best….not to pay, so the case will then be dragging through the system clogging up the courts, that’s where I believe the judges need more power to put an end to that farce.

    There are all types to testing available to disprove or prove injuries, but are being ignored by insurance companies….to avoid paying compensation.

    A few other insurance companies on the island are getting a reputation for the same very nasty practices.

  31. Well Well & Consequences Avatar
    Well Well & Consequences

    Bar Association….Disciplinary Committee, ya joking right Amused….Woodstock Riley and the dude are from the same country..lol

    The client is not one to take anything just so and can throw down, that was why the need to get rid of the file was so great, no useless BA and DC needed, the client can be frightening,

    Next time I will tell ya what the client did, it’s one for the ages, give me some time…lol

  32. Well Well & Consequences Avatar
    Well Well & Consequences

    BTW….for those who are not aware and whose doctors and lawyers may not volunteer the information, there is a test called a Nerve Conduction Study, that is very accurate in diagnosing soft tissue damage, muscle damage, nerve damage, damage to the spinal column including all the vertebrae. ..this test cannot be disputed, ever.

    Amused…being so well versed in the law, you may want to consider becoming BUs lawyer on call. I am very serious, your information is appreciated.


  33. Thank you for the information, Well Well, I have need of it. I am fighting my own case at present and my injury to the right hand is proving problematic to be diagnosed even though it is hurting to type here on BU. I had to fight to have the injury acknowledged and investigated. Also the doctor wrote a wishy-washy report that made no mention of the complaint. He wrote only of the ones he could not deny, such as bones smashed to pieces. And even then he played down the pain and suffering aspect. I am right handed so it could be the difference in my being classified as able or unable to work. So you can imagine the difference in payout. And it took legal action to even get the report in the first place. This was the same doctor whom my GP told me wrote the terrible report for his elderly patient who was struck by a car outside his office. Was hesitant to mention that as my substantiating stories seem to be a problem. But I thought nothing would convince Amused besides a first hand account.

  34. Well Well & Consequences Avatar
    Well Well & Consequences

    Donna May….some doctors can be idiots, they never put in the report what you, the patient says, but what they feel like putting…remember, some are self proclaimed Dr.god…too many doctors are earning themselves really bad reputations, in that aspect, not remembering that the island is still very small and people now have no choice but to start sharing information about insurance companies, laws, doctor’s etc.

    In my mind what the insurance company’s doctor did not dispute in your medical reports, the insurance company cannot dispute, since that would be contradicting their own doctor.

    As the one with such specialty…Amused may be able to give further tips.


  35. Well, Well,

    Not sure he is an idiot. Think it is something more deliberate.


  36. @Donna and Well well. Have to say although I most sincerely feel your pain, well not your physical pain, Donna, I am thoroughly enjoying this civilised exchange with you both. Just think, no insults, no rigid positions taken (no pun intended). Unusual for blogs, but refreshing and a tribute to the blogmaster.

    Donna, I would, if it were me, ask for a second opinion and I would choose the doctor and make sure it was a very highly respected doctor of unimpeachable reputation. I would also ask for a psychiatric referral, as these cases do tend to cause psychological problems of which most people are not even aware. You might also speak to your family members and close friends and ask them if they think that you have been negatively affected by the incident in terms of psych issues. It may be little things, like nightmares, not sleeping well, flashbacks etc. Or they may be worse, like inability to cope, depression etc. If family and friends are willing, then they ought to go with you to the psych meeting and speak to the doctor about what they have observed. Now, lest you think that I am saying that you are nuts, it is not so at all. Often there is a degree of post traumatic stress disorder involved with these incidents – and that is medical. Then too, I have no idea what you do for a living, but if your work is physically impaired, along with the psych damage of not being able to function properly, by the incident and you are suffering loss for it, then the insurance company can be required to pay for special equipment or personnel that will allow you to function effectively. These days most people do not have secretaries as such, but do their own typing – particularly lawyers, as the can draft as they go along. So, for them a top line state-of-the-art dictation device to their computers ought to be borne by the insurance company to, as it were, make them whole – just an example. As for the pain, I would think that somewhere in Barbados there is a doctor specialising in pain management and you can seek a referral to them as well. And this is how, if your case is genuine and I am sure it is, you stack the deck.

    @Well well. I have no doubt that your friend is capable of fighting. However, as I said, file the DC complaint with Woodstock-Riley and the BA – and then send a copy of all to our good friend David who I am sure would be willing to provide a little ventilation for the edification of the general public. Maybe just let David see it first before you send the complaint off and give him the chance to ask questions and seek clarification. A little pressure (sorry, I mean publicity) can have such immediate and satisfactory results sometimes.

    Does that assist?

  37. pieceuhderockyeahright Avatar
    pieceuhderockyeahright

    @ Amused

    You state “I suppose that the litmus test really is to find a lawyer who will work on contingency (no win no fee).”

    You then go on to say why such a senior lawyer would be a good choice because, unlike his juniors he would not be “hand to mouth” (my summary, not yours) etc etc.

    You jest right?

    You are saying that (a) a senior lawyer who has been in the industry for several years (ii) with possible interactions/allegiances with said Insurance firms and like you, has previously fought both for or against said firm (though, unlike you, don’t eats rabbit, but like elephants lol) ) (iii) one cognisant that “the premium” (legal fees) for representing an insurance company is much higher AND MORE FREQUENT, THAN taking one or two PI small fish/rabbit claims from individuals, you are not present this as the reasoning behind finding lawyers and engaging them under your “contingency fee” suggestion?

    You most assuredly jest!!

    Were it not for my erstwhile belief that you did not smoke certain substances, I would say that you had imbibed hallucinogens of a gaseous nature.

    Amused, one can provide several instances where collusion between the defendants and the lawyers both those of the Defendant(s) AND THOSE OF THE PLAINTIFF(s) have been and are the order of the day.

    You know something Amused?

    Until someone becomes the equivalent of Grady Clarke and puts their personal funds into the development of a electronic ratings board for Lawyers, like he did for the Credit Bureau Agency, Barbados is going to languish in this doldrum of existence.

    You see the lawyers in the news kaleidoscope that the Blogmaster has un here on BU?

    What is needed is for someone with $$ and some more Grady Clarke like innovators to put a system where ALL OF THE LAWYERS IN BARBADOS are listed in that directory and every Bajan that has had a case that has gone wrong to go any upload comments on THE ENTIRE SECTOR

    It is noted that you are strongly indicating that bloggers cease and desist in saying anything spurious or defamatory here on BU but, since you are not IT literate you may revert to Stephen on this issue and the difficulty of bringing a case against a WordPress site which DOES NOT MANDATORILY VERIFY THE POSTER’s email address or in layman’s terms, tying the blogger, with the blog, like The Nation, Barbados Today, the Advocate and the BLP Troika website do.

    What that little kaleidoscope does is that while not defamation, it causes users to see which of you loves the clients money, more than the client.

    THere is a new wave that is coming that is going to sweep all of those who have hidden behind the anonymity of physical documents in the Registry of the barbados Courts aside like the renting of the Veil of Secrecy that even the Lodges and the Grand Master of the Fraternity in Salters St. George CANNOT KEEP HIDDEN!

    Are you a travelling man?


  38. Are you mad, “Amused” as you quote the legalities of what OUGHT to happen?

    Oh yes there are laws but these are flagrantly flouted all the time.

    Completion dates are ignored as a matter of course which would be totally unacceptable in the Western world; you’d be struck off after violating these more than once without a verifiable excuse.

    Hanging on to clients’ proceeds of sale? Until the Vendor has to SUE their OWN conveyancing lawyer to actually get the proceeds of sale?

    Settlements on injury claims are held from the claimant for months even years while their lawyer uses the funds for his or her benefit.

    Amused, there is no point denying it. It’s a disgusting way for a country which regards itself as part of the modern world to behave.

    As for judges, we only have to laugh THERE IS NO PROBITY in the Barbados legal system full stop.

  39. Well Well & Consequences Avatar
    Well Well & Consequences

    Lol…Amused, very good, as I said, dont waste your talents, look on it as a public service, very much needed on the island. I do plan to run that suggestion to the client and get the approval re David, but timing is very important.

    Donna…many of those doctors do take bribes to write bad reports, many of them had very negative publicity recently about those same nasty practices.

    As to Amused advice, it’s spot on, particularly the psych eval to initiate the psychological supprt in face of chronic pain, paid for by the insurance and a second opinion independent of your previous reports and the report from the insurance company doctor., if the doctor was not on the take, it would have been mentioned in his report re psychological support..


  40. @PUDRYR

    The advantage Grady Clarke has is that he receives data on customers from lending houses that can be validated by the affected customer. In the case of a lawyer database some subjectivity will come into it.

  41. Well Well & Consequences Avatar
    Well Well & Consequences

    Lol…..Piece, very little is sacred or secret anymore, type in any name you know of the parties in any case and it pops up online and that is supreme court Barbados.

    Your good friend Adrian Nitwit is waiting for the bar association to return to him the amended draft legislation re regulating the legal profession, he has been waiting 6 years for the return of the amended draft legislation, when he gets it, if it happens in our life time, we can hope, not only that it really addresses indemnity insurance for thiefing attorneys, but that lawyers with no morals, ethics or interest in their clients well being other than as a stepping stone to join a clique of corrupt lawyers or for self-enrichment at the expense of their clients, are more easily disbarred…but we wait to see.


  42. @Piece. Whatever gives you the idea that I have never smoked “alternative” aka whacky backey? I was young once, you know and even now I am falling, like you, into advanced decrepitude, I have been known to accept a social toke from time to time, provided there is a large supply of snacks to take care of the munchies. I had this discussion years ago with the enlightened duo of Baffy and Miller right here on BU. As I imperfectly recall, we were all three canvassing for the legalisation of weed. Regrettably, I have not partaken since just before last Christmas when just three tokes gave me the most peaceful and relaxing sleep I have enjoyed in years for which I sincerely thanked the grands. I highly recommend it to you. It removes anxiety and depression and instills a sense of well-being for days afterwards. Be a devil….give it a try. Unless you have already done so and, if you have, toke some more.

    @Well well. I said you were bright. If you have a case, be nice and make every effort to settle amicably…..until it is time to NOT be nice – then go for blood and give no quarter. And that includes giving the matter a little publicity through the phenomenon called the blogs…..just make sure the blogs you use are respected and properly regulated and that you provide them with support documentation.

  43. Well Well & Consequences Avatar
    Well Well & Consequences

    Got that Amused, I always tell David, certain things have to be very well timed, particularly when providing documentation, as you know so well.

  44. pieceuhderockyeahright Avatar
    pieceuhderockyeahright

    @ Blogmaster

    You are entirely correct but here is the thing.

    In all “journeys” there is a begin point so one accepts that, like with Grady Clarke’s database, when he first started, it was empty and in our case it would only be populated with the names of the persons list in the directory of legal professionals on the Bar Association’s website and the Yellow pages of SLIME.

    Here is the ole man’s take on this matter for all the luminaries to ruminate on and as usual decry and state that it will not work.

    As you will note I am in “Fix the SHY*E MODE” until the day comes.

    Find a Lawyer that a Client needs

    Compare prices, portfolios, delivery time and community recommendations in order to find a lawyer that best suits your legal needs.

    If the client has a specific question, simply send them an enquiry as part of the due diligence process, to ensure that their is no Conflict of Interest in their Register of Conflicts.

    Chronicle the Scope of Works i.e. Supply Brief

    One of the classic traps that many in the legal profession here employ is the “nothing in writing” practice.

    Many use this “plausible deniability” tactic and like doctors, and generally all professionals and craftsmen, REFUSE TO PUT WHAT THEY PROPOSE TO DO, IN WRITING.

    It is their defense mechanism for when they ef up the who ting, you can’t say that the said they would do “x” and then did “y”

    During the process of Exchange, a client will be required to (a) give a detailed brief of their matter (b) list the COPIES of documents they are submitting to the lawyers (aka *****) (c) receive a scope of works i.e. opinion from the Lawyer in writing (d) obtain a written indication of their prognosis of one’s chances (e) obtained a signed copy of receipt of the documents by the lawyer or a partner of the firm, someone who is authorized to sign for the documents, legibly, and stamped by the firm.

    As far as possible the Lawyer MUST provide the client with a clear undertaking of the scope of services that will be applied AND an idea of the costs (approximate)

    Payments – for Anticipated services

    Your payments to these ***** will be held in a secure facility called “Quis Custodiait Custodient” until you confirm that the service is performed to your satisfaction.. Arbitration Mechanism all bind the administration of these monies should the need arise.

    Management of Legal Transactions

    The exchange of files and correspondence between the Client and the *** Lawyer AS SUCH RELATES TO MILESTONES FOR PAYMENTS AND THE RECEIPT DOCUMENTS/SERVICES will be managed by and recorded on the QCC.

    Bothe Client & Lawyers are expected to perform specific functions within this contractual matrix within a specified time frame failure to do so will be grounds under which either party may request the payment for services rendered to date or the return of funds from the *** lawyer

    Ratings for the Fraternity and Brotherhood of the Rose

    Once clients are happy with the services rendered they sign off on the contract with QCC for the transfer of the funds to the Lawyer SIMULTANEOUS TO the delivery of the corresponding documents, (IF APPLICABLE) to the client via QCC.

    QCC marks the transaction as complete and all of the metrics associated with the service are computed BY QCC which like Grady Clarke’s Credit Bureau, effects such ratings, independent of the lawyer OR THE CLIENT.

    QCC makes sure that the lawyers gets paid aAND THE CLIENTS get what they paid for.

    QCC then broadcasts the metrics so that the community of citizens who have been ripped off by many a lawyer gets pertinent feedback about Honest OR dishonest Lawyers…

    THIS IS NOT ROCKET SCIENCE and anyone who wants to present this as such, INCLUDING BUT NOT LIMITED TO THE CHIEF JUSTICE OF BARBADOS, is an offing ignoramus.

  45. pieceuhderockyeahright Avatar
    pieceuhderockyeahright

    It stripped all the numbers Blogmaster.

    I forgot that it does that

    But the process is based on a Workflow that is displayed by the numbers.

    @ Blogmaster

    You are entirely correct but here is the thing.

    In all “journeys” there is a begin point so one accepts that, like with Grady Clarke’s database, when he first started, it was empty and in our case it would only be populated with the names of the persons list in the directory of legal professionals on the Bar Association’s website and the Yellow pages of SLIME.

    Here is the ole man’s take on this matter for all the luminaries to ruminate on and as usual decry and state that it will not work.

    As you will note I am in “Fix the SHY*E MODE” until the day comes.

    1.Find a Lawyer that a Client needs

    Compare prices, portfolios, delivery time and community recommendations in order to find a lawyer that best suits your legal needs.

    If the client has a specific question, simply send them an enquiry as part of the due diligence process, to ensure that their is no Conflict of Interest in their Register of Conflicts.

    2.Chronicle the Scope of Works i.e. Supply Brief

    One of the classic traps that many in the legal profession here employ is the “nothing in writing” practice.

    Many use this “plausible deniability” tactic and like doctors, and generally all professionals and craftsmen, REFUSE TO PUT WHAT THEY PROPOSE TO DO, IN WRITING.

    It is their defense mechanism for when they ef up the who ting, you can’t say that the said they would do “x” and then did “y”

    During the process of Exchange, a client will be required to (a) give a detailed brief of their matter (b) list the COPIES of documents they are submitting to the lawyers (aka *****) (c) receive a scope of works i.e. opinion from the Lawyer in writing (d) obtain a written indication of their prognosis of one’s chances (e) obtained a signed copy of receipt of the documents by the lawyer or a partner of the firm, someone who is authorized to sign for the documents, legibly, and stamped by the firm.

    As far as possible the Lawyer MUST provide the client with a clear undertaking of the scope of services that will be applied AND an idea of the costs (approximate)

    3.Payments – for Defined Services

    Your payments to these ***** will be held in a secure facility called “Quis Custodiait Custodient” until you confirm that the service is performed to your satisfaction.. Arbitration Mechanism all bind the administration of these monies should the need arise.

    4.Management of Legal/Payments Transactions

    The exchange of files and correspondence between the Client and the *** Lawyer AS SUCH RELATES TO MILESTONES FOR PAYMENTS AND THE RECEIPT DOCUMENTS/SERVICES will be managed by and recorded on the QCC.

    Both Client & Lawyers are expected to perform specific functions within this contractual matrix within a specified time frame failure to do so will be grounds under which either party may request the payment for services rendered to date or the return of funds from the *** lawyer

    5.Ratings for the Fraternity and Brotherhood of the Rose (Post Services)

    Once clients are happy with the services rendered they sign off on the contract with QCC for the transfer of the funds to the Lawyer SIMULTANEOUS TO the delivery of the corresponding documents, (IF APPLICABLE) to the client via QCC.

    QCC marks the transaction as complete and all of the metrics associated with the service are computed BY QCC which like Grady Clarke’s Credit Bureau, effects such ratings, independent of the lawyer OR THE CLIENT.

    QCC makes sure that the lawyers gets paid aAND THE CLIENTS get what they paid for.

    QCC then broadcasts the metrics so that the community of citizens who have been ripped off by many a lawyer gets pertinent feedback about Honest OR dishonest Lawyers…

    THIS IS NOT ROCKET SCIENCE and anyone who wants to present this as such, INCLUDING BUT NOT LIMITED TO THE CHIEF JUSTICE OF BARBADOS, is an offing ignoramus.

  46. pieceuhderockyeahright Avatar
    pieceuhderockyeahright

    @ Amused

    You number among the few who, being so “intoxicated”, would amazingly enough still perform.

    Unfortunately my hatred of the substances, in whatever form or fashion, runs deep because of what I have seen it do to one of the most brilliant minds i have known.

    Life is one of the greatest highs all by itself and there is no need to embellish that with the “wacky tabaccy”.

    There must be “backbone” first, like the food that accomplished rum drinkers use use, BEFORE imbibing the Alleyne Arthur ot their choice.


  47. Amused,

    Thank you for your concern and advice. The thing with attending psychiatrists in Barbados that if somebody sees you you are forever mad. Barbadians are surprisingly narrow minded about these things. That can cause even more stress. I have considered it as I do know it will help my case but some things are more precious than money and I am a tough person so I battle through.


  48. @Piece. Weed, in moderation, is fine. It is far less harmful than rum and the effects of far shorter duration and with no hangover, unless you combine it with booze. I was like you and condemned it roundly. But a family member suggested that before I continue to dump on it, I ought to try it. I did and I liked it. Like with rum, I felt no need to use it daily or even weekly or even monthly. I too have seen the damage it causes to those who over-use it; but there again I have seen the damage that rum causes as well. So, once again, I recommend that you try it, but in moderation. BTW, I never attempt to work or even to make much sense if I have a toke or two and I hold that everyone is allowed to take some down time from time to time. So, I do not “perform” (in the sense that you mean) while “intoxicated”, either with rum of weed.

    @Donna. Yes, I know. It is a real problem in Barbados to seek psych help. It always amuses me that those who try to stigmatize are those who are in most need of it themselves. And we all like to think of ourselves as strong and not in need of occasional assistance, but the truth is that if you have actually contemplated it, then there is likely a need. If it helps at all, a few months ago, I was involved in an incident that threw me off kilter a bit, but I am a big, bad man and very strong, so would get through it. And I was actually doing just fine. However, SWMBO ordered me to have a session with a psych and I, with no option other than being hit by multiple flying objects, obeyed. I cannot begin to tell you the relief I felt even after just one session and so I had further sessions, until the psych considered that I was okay. So those who now wish to stigmatise me can apply their lips to my butt and then fornicate off, because, in the unlikely event that I need it again, I will not hesitate to seek help and I don’t give a sh** if someone sees me attending. The most valuable thing I took away from the sessions were different methods of coping with these curves that life sometimes throws at you that are far better than the “big bad strong man/woman” method. I don’t want to appear to manipulate you in any way, but I have to say that you do not strike me as a person who pays too much attention to the views of others…..so why do it on this issue?

  49. Well Well & Consequences Avatar
    Well Well & Consequences

    Psych help is very essential in allowing to one take a better look at everday life, as much stigma as the shortsighted like to attach to that and everything else on the island, far too much, talking through every day realities, because that is really all it is…helps every, regardless of your strength, no one can go it alone, neither should anyone go it alone without a mechanism in place to offload.

    In saying that, it’s easy to evaluate, even as a lay person, that at least 97% of the island’s population need mental health intervention and support, particularly the leaders, who are unable to see themselves within the realm of reality, what they have become over the last 50 years or the destruction they have caused and are causing.

    The professionals and their mental issues are the direct cause of all the problems destroying everything in their path.

    Many of the problems most are facing can be linked to the psychological problems, which caused a trickle down effect over decades, problems in the schools, government offices, supreme court, hospital etc..

    The other problem is, you need real professional psychologists and psychiatrists to perform these psych sessions.

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