2016 Financial Statement of the Barbados Bar Association – A Matter of Public Interest


Liesel Weekes, President of the BA
BU is of the view the 2016 Financial Statement of the Barbados Bar Association (BA) is of public interest for two key reasons. There is sufficient cash generated from membership fees to fund the recruitment of a senior clerk to assist with trying to improve service delivery to the public. Then there is the matter of the stagnant Compensation Fund BU has written about several times. It appears that the fund is used only to feed the coffers of the Nation newspaper yet clients who are abused by dishonest lawyers continue to NOT have access to money collecting in the Fund.
Presidents of the BA or BAR take turns crooking the Citizen of Barbados? With all the crooks lawyers in Barbados . Its a post for the boostment of self, Even the Bab lawyers are under their protection, Its the Worst lawyers who pay their Bar fees on time and with out talk to be in good standing with the Bar , Goodstanding is a Word that fool people to make them think they have a god lawyer,Yet outstanding in the cold with their Clients . Clients are BARed from Justice of crook ass lawyers, The BAR is the lawyer for the lawyers,They need disbanding,
Just look at their man made fraud record,on looking for for the non lawyers who seek help.To trust them is like seeking a refund from Harris or the Speaker of the House or better yet waking Sleepy Smith,
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One thing though David is that there really doesn’t seem to be enough in the fund to make a dent in that area. How many clients who have been wronged could really be compensated? Seems to me that the best method to assist these clients would be to hold the attorneys accountable and ensure that the procedures are followed through to deliver them justice. That is what their role should be.
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@Donna
Something as simple as reimbursement for legal fees will help.
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David,
The fund would still soon be dry. The solution is to hang the offending attorney out to dry. They could do it if they wanted to. That would rein in what is currently a bolting race horse.
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@Donna
Understand your point however it is better to use the fund for productive purposes. Right now it is money just sitting there.
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Donna…there is a proposal by the attorney general for indeminty insurance for lawyers so that they can be sued when they steal from clients, this is a draft, sent to the Bar for amendment, as I understand it the lawyers do not like the indeminty insurance proposal..
.according to Adriel Nitwit, he gave the attorneys at the bar association the draft proposal 6 years ago for amendment…..and they are yet to return it…they in turn blamed the CJ for they not being able to return the draft to be legislated…and around and around you go.
A joke system, with joke people.
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@David. I As you know, I support the concept of personal indemnity insurance, even though it is expensive. That very expense would sort the wheat from the chaff for a start. As for the Compensation Fund, my understanding of that is that it is not designed to refund in full, but to offer a measure of financial ease/redress. However, not a single member of the Bar has ever been able to advise me of how financial ease/redress is quantified and this is not surprising as no money has ever come out of the fund, except for advertising the estates of deceased attorneys.
Back to the personal indemnity insurance. One of the main reasons I think this is necessary is because there is no system of pupilage for newly-qualified attorneys. They are simply handed their licenses and set up shop. Pupilage is an integral part of the issuance of licences to practice in almost all common law countries, as it ensures that lawyers have a measure (hopefully large) of practice experience prior to being released on the general and largely unsuspecting public. We used to have a form of it and it blows my mind as to why we still don’t. These days that pupilage should be mandated to take place post degree for a specified period of time. This too would sort the wheat from the chaff, as graduates would be required to find chambers to take them on for pupilage and only the cream of the crop would manage this, although it would be true to say that nepotism would also, in Barbados, play a role, leaving the rest to find other areas of employment to which they are likely far better suited and in which their law degrees could not be other than of assistance.
On disciplinary matters and compensation, I re-iterate and will continue to do so in the hopes (unrequited so far) that at some stage someone in authority will recognise that to have members of the Bar hear and advise on disciplinary matters against the Bar’s own members is tantamount to a conflict of interest. Far too many cases of merit slip through the cracks and unless the case is particularly serious and well-publicised, it will not go anywhere. Once again I recommend that a single body that determines the issuance of practicing certificates also be mandated to carry our disciplinary investigations with the power to discipline. And have possession of and authority over the Compensation Fund. And this body should be completely divorced from and independent of the Bar Association AND the courts. I am not by any means suggesting that this will be a total solution, because this is Barbados after all, but it should go a long way to ameliorate the present level of injustice in relation to disciplinary issues.
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@Amused
Agree with a lot of what you posted. In 2016 indemnity insurance is par for the course.What is troubling is the indifference by those involved to do anything to alleviate the situation.
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@ Amused
We note that you have touched on matters like ‘pupilage’ etc
But those matters are merely tangential to our central interest.
The lawyers who ‘steal’ client funds are most times senior practitioners
We would say most of them have been, maybe in the 90 percentile, practicing law for over 10 years, sometimes as many as 30 or 40 years.
At other times associated with ‘venerable’ law firms.
Why do we as citizens have to, like sheeple, let our power, money, property, pass through the hands of teffing lawyers?
And why is this simple problem able to forever avoid the clear solution.
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@ Pachamama
why is this simple problem able to forever avoid the clear solution.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++
Amused will give you the book answer….
Here is the truth…
In order to apply the ‘clear solution’, we would need an audit of ‘client fees’ held by lawyers (including Amused).
Cuh dear Pacha… Can you even IMAGINE the chaos that such would engender…?
What would you guess would be the relationship between the outstanding balance on the books, and the account balance in the bank? …100%? …50% …10%
How about an average of 15%.
What do you think would happen to all the ‘movers and shakers’ bout here…?
You think BMWs come cheap?
You think banks give out mortgages for big houses without extensive financial information?
You know how EASY it is for a lawyer to ‘borrow’ some money to buy a bargain piece of land?
….from his ‘clients’?
So when you do this big-up audit; …or when the personal indemnity insurance company ask for detailed information related to their exposure, ….. where the hell would you find space to lock up all the ‘thiefing’ lawyers?
…shiite man …. we may have to put the honest people in Dodds to keep them away from the lotta crooks and brass bowls on the outside….
Therefore, the Bar Ass has determined that the status quo is already close to that situation with Dodds, …and hence there is no need to take the required ‘clear solution’.
Hope that is clear.
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The Bushman,…I am truly stunned…lol
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The funny thing is that the BA given its deep membership and role in the judiciary is in a position to facilitate real change to the systen.
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@ Bushie
We underestimated the confusing correcting the history of malfeasance by lawyers would involve
However, going forward, surely we could take the simple actions to make certain that future transactions are treated differently, with third party involvement, while we work through the past crimes.
But even this minimal action would make the whole criminal enterprise collapse like all Ponzi schemes do when new moneys can be no longer added.
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funny the FUND is dry, dried up , nothing their Empty , what little the white master paying is goes out fast as the CB prints undated money to keep things going ,
You all better wake up to what comes next , When as said before BRICS take over ,
Dealing with a New World Order as many 50 Year parties going on this planet now the change over is in full gear, The Queens little bitch ass spies going to jail and cant run no where to hide,
Clear title to land and banking rules as many educated people on the net act like fools from the truth , We watching for we Know , The truth never changes only lies and Liars
We will soon be set in Order , Wait for it,
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@Pachamama. Whenever any lawyers raids client funds, as far as I am concerned it is theft, criminal and their backsides should be locked the hell up. However, complaints to the disciplinary committee are not solely or even mostly about theft. But theft complaints are the only ones that make it into the national press and consciousness and, disgracefully, the only ones on which the disciplinary process seems to be activated. The BA has no authority to go in and freeze a lawyer’s accounts or take control of them, if there appears to be grounds to do so in order to try to ensure that there possibly might be funds (or some funds) for reparation.
Then we get @Bushie the thrust of whose comment suggests that client funds should be done away with. I doubt if any lawyers would have a problem with that, so long as the client protects those funds in a way that they are immediately available for the transaction in question at the time and in the quantity required. So, I think I can safely say that any client who wants to go to the expense and trouble of setting up an escrow account is most welcome to do so. It is very expensive and not at all easy, but be my guest by all means.
For me, a start to address it all hinges on having one body independent of the BA that deals with disciplinary matters with the right to discipline, without the time-consuming exercise of having to go to the Court of Appeal. And also deals with the Compensation Fund.
Finally, it may have escaped everyone’s attention, but it hasn’t mine, that criminal prosecution is in the sole discretion of the DPP (and that includes the Police). In its defence, the disciplinary committee has no say over that whatever. If the DPP opts not to prosecute, there is nothing that can be done. I thought everyone knew that. So, when you see those “teefin” lawyers get struck off, but not locked the hell up, direct your ire at the DPP and Police where it properly belongs. Usually, it means that the DPP has done a deal with said lawyer for reasons that I do not understand at all and please, Bushie, do not try to enlighten me, as you will be bombastically stumbling in the same Stygian darkness as I am as to the DPP’s motives and how in hell it is supposed to benefit society.
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Amused…a good example is the former attorney, Therold Fields who was disbarred for theft recently, he lost his case, lost his appeal, got disbarred, has not repaid the lady he stole from…and was never locked up for theft, so of course it’s the DPP and police to blame.
Any other average citizen would have been locked up by the DPP, that is why he should not be DPP…
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@Well well. That was indeed one of the cases I was thinking about. I mean, in what is tantamount to a civil action, which admittedly has a lower burden of proof….but still, he is found culpable and the DPP and Police do not have enough evidence to bring a criminal prosecution? Give me a break!!!! A strong rodent smell permeates.
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@ Amused
You would be pleased to know that I was thinking of you earlier when I was talking about men with balls.
That did not come out too well did it. I would have changed the word to testicular fortitude but i had already hit the submit button.
You said and I quote “So, I think I can safely say that any client who wants to go to the expense and trouble of setting up an escrow account is most welcome to do so. It is very expensive and not at all easy, but be my guest by all means…”
Methinks that thou has presented a burr into the equation when there was no need, and knowing you to be a man of honour, for you alone I would reserve rather restrain by normal ebullience to say gently, there is another way, which is far simpler, and which both pachamama, Bush Te and WW&C have hinted at or spoken outright to.
There is no need for client accounts nor a client establishing an escrow account.
All one needs is an honest man like Leigh Trotman ( i would have called your name but I did not know that you were a lawyer, Bush Tea alludes that you are, but in the same way that Jeff has been accorded Honourable citizen status, i will reserve such status for you too.
So we appoint Mr. Leigh Trotman as Manager of ALL client Funds that are to be held in this state of Stasis for pending legal transactions.
I thought of him as the best person since he will soon be retired from his post, given that the trick to extend the current DPP of whom you stated, indirectly, is the bane of all lack of prosecution of criminals who are lawyers!!
I made two mistakes in that sentence I think.
I doubt that one can say “the bane of Prosecution” since i do believe that band carries and animate object, I must check AND then i said criminals who are lawyers which some would say is repetition of a most egregious nature present company and Jeff excluded.
So it would be possible for a man of the Auditor General’s morals to incorporate a company called The Foundation for Client Escrow Accounts where any person transacting business within the current environment of obvious teifing and crookery would have the confidence of allocating their funds to FCEA (I was trying to spell FACE of something catchy.
But then again like Pachamama is suggesting and Bush Tea Concurs and Well Well can provide the teifing names for, such would do away with the problem one time and we cant have that.
Just in case wunna want help with such a system, me grandson does work at de bank and would be willing to help wunna Anonymously causing Heather Cole and Carl doe More de ingrunt man clime de More he showing he tail (or he infected parts) would got he name and den dem would expose de ole man, so you betta lef dat out.
But tell me what you think bout that idea? As a lawyer would that work???
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@ Piece
Boss, Amused is a BIG part of the damn problem. Read his 3.00 PM again…. Lotta shiite.
The only difference between him and most other lawyers is that he happens to be bright as shiite….. and tricky too….
Amused is one of those fellows who could easily be a ‘BU insider’ AND an occasional ‘AC advisor’.
Watch this!
Whenever any lawyers raids client funds, as far as I am concerned it is theft,
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Who is talking about ‘raiding’ client accounts? …only hand-to-mouth, thieving, nothing-arians like the Speaker, the Fields fella and the Jackman retard would do such shiite.
Bushie SPECIFICALLY referred to lawyers ‘BORROWING’ such funds – perhaps even seriously intending to repay the ‘loans’ in all good conscience.
Now the PROBLEM comes when, due to simple greed; to illness; down-turn in business; party lose power; or just plain ‘wutlessness’… things fall apart… leaving them trying to manage wit a fund that is 20% of the book liabilities.
Amused skilfully evades this issue by talking shiite about ‘raiding client funds’.
Looka, the temptation is SO GREAT, …and the action SO EASY and confidential, that even Amused HIMSELF probably never bothered with a bank mortgage at 15%… when a 0% loan was so easy…
Little wonder that they circle wagons on this issue…..and the talk about ‘buying insurance’ is just so much shiite …..that it IS funny….. who the hell do you think will end up paying for the insurance that simply FACILITATES their stealing of funds with the expectation that the insurance company (clients ultimately) will settle…?
@ Amused
What the hell do you have against simple HONESTY,,,?
…and the persecution of those who fail to comply?
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@Bushie. I am amused. As I said, in Stygian darkness….Just lift the phone, if you have the energy and call your bank. I realise that the automated answering systems are a pain in the backside and will likely lead to a strain on your already overwrought nervous system and deplete your limited energy and that the thought of being transferred from one person to another and likely cut off by the phone system in the process and having to start from scratch will cause you to overheat, but take your meds and persevere. At the end of the day, if you take the time to understand it (or try at any rate) you will actually have learned something and this will rejuvenate you. This advice to you is pro bono publico. This time. Just ignore it if you wish, after all it hasn’t cost you anything – and neither will the phone call to your bank.
@Piece. A body, headed by the person you suggest, is an idea that could catch on. A statutory body. I am not sure if it could work, as have not had time to really consider it and all the implications involved. I will think on it carefully and revert. You are thought-provoking as always, but at first impression I would suggest that this is likely going to be merely a sticking plaster remedy, when a whole reorganisation is better. In England and Wales, there is a body known as the Solicitors Regulation Authority, that is separate from the Law Society (the equivalent of the BA). It is this body that deals with disciplinary matters and the Compensation Fund as well as regulating client and other accounts.Have a look first at https://www.sra.org.uk/consumers/sra-regulate/sra-regulate.page . Also, take a look at the regulation of accounts (including client accounts) at https://www.sra.org.uk/consumers/sra-regulate/sra-regulate.page . And finally in terms of disciplinary action, look at https://www.sra.org.uk/consumers/problems.page . Finally, take a look at the panel of the disciplinary committee and you will note that by no means are all of them lawyers, but external: http://www.sra.org.uk/sra/news/press/2009/sra-announces-appointment-of-external-adjudicators.page . I suggest that this type of body, if statutory, may be a better long-term alternative and is certainly more user-friendly and protective for the consumer/client. I would be very interested to hear your thought on it.
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@ Amused
Bushie is ALSO amused.
What call what bank what??!!
Why do you think Bushie and Carl Moore were in the bank last week? We went in person to check into this matter of your mortgage history.
Carl is probably working on a story about identifying the names of clients with more than $50,000 in lawyer’s client accounts.
Boss … the bank laughed at us when we asked about a ‘bright, honest, big-up lawyer’ having had a mortgage there….
When the manager was able to control himself, he showed us the door and suggested that next time Bushie do not bring Ossie ’round him with such jokes …. “honest lawyer” indeed!!!
…and besides, he asked, “why would a Bajan lawyer need a mortgage? Wuh we does borrow from them to fund ours….”
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@Bushie. You need to take your meds. You think the Bank is going to give Carl that information and find themselves sued for breach of privilege? I have never come across any bank borrowing from lawyers from their client account to fund the bank’s mortgages, but it is certainly good for both the bank and the lawyer’s client as the client gets a higher interest rate than they would get from the bank. If the Bank’s interest to a client is, let us say, 3%, then by doing it through the lawyer, you might be looking at as much as 1% more. BUT, can you enlighten us as to just how the Bank told you that an escrow account is set up? If you did not get round to asking this question, make the call. As for the banker laughing, was it with, or at, you?
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Escrow account shiite!!
Come on Amused….
You think Bushie can’t see a red herring when one is tossed?
This subject seems to be too ‘touchy’ for you…
Lets drop it….since you seem able to respond to everything else, EXCEPT – DO WUNNA LAWYERS BORROW FUNDS FROM CLIENT ACCOUNTS for personal matters from time to time?
IF so…. Who audits to ensure that such ‘borrowings’ are repaid – with interest? …and that the book liabilities match the bank account?
WHO DOES THAT?
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@ Amused
Many thanks for the comprehensive document(s) and the extensive structure that white, civilized? people, who are responsible for the financial calamity that we find ourselves , have developed.
My earlier submission was as you would have noticed a layman’s perspective, laced in the inexperience of many things, all related to a Brumley Education etc., etc.
But it is evident that it is possible to implement a systems AND AS Caswell often says, once we enforce it, all will be well that is IF WE GET A DPP who is willing to do his job and sstop playing golf.
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@Bushie. But I don’t want to drop it and you can get as bombastic as you damn well please. Are you sure you are not a lawyer? Seems to me every time in court that a lawyer is confronted by evidence or asked a question that they don’t like, they scream “red herring”. Do lawyers borrow funds from clients accounts? I really don’t know. Some may, but I am certainly not going around asking them, “Hey, my bro, you borrow out of your clients account?”. And you ask who audits? It is a requirement that there be a yearly “taking of accounts” and all the people I work with are scrupulous about seeing that this is done. Of course, being Barbados, I can imagine that there are some who do not, but, so far as I know, I have never dealt with any of them and it is not my place to enquire of each and every member of the brethren if they have met their obligations. BUT, I do know of one now-defunct firm whose “sole partner” was ordered by the court to have a taking of accounts and has done nothing to date to obey the court order….and that was some years ago. But, I have no involvement in that case, so it is not my place to enquire why he has not been hauled up on contempt charges – not my problem.
@Piece. Yes, they surely did screw us over royally as far as the financial calamity is concerned and your criticism is well made. However, as far as discipline goes, you will admit that they seem to be on the right track. I read, likely here on BU, that they paid out over £30 million last year from their Compensation Fund. You will also have noted from the SRA website that consumers can check the records of solicitors online to see if there are any strikes against them. This surely must be of great assistance in choosing a lawyer. Can you see a conflicted body like the BA doing that so that consumers know that when a disbarred attorney is allowed back into practice that (s)he has a record? No way Jose!!! The BA is an AYOR organisation and, until matters disciplinary, compensation and for the information and protection of the public are removed from the BA and placed in the hands of an independent and un-conflicted body, then we will get nowhere.
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@ Asmused
We are at a loss. Why do you feel that because your hands are clean but operate in a profession were it is public knowledge that many lawyers have been caught mishandling clients funds, or unduly delaying matters because of misappropriation that it should not be of concern to you?
It is not at all possible that a lawsuit may be lodged in, let’s say an American court, by a dual citizen who has been so wronged and that that suit is brought against the government of Barbados and the Bar Association and that Barbados itself is bankrupted by such an action, or otherwised harmed?
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@ Amused
Boss.. your 3.56 PM has to be the most pathetic argument ever put forward by you since your mis-steps into the Mrs Smith affair.
Bombastic? … yuh mean FOCUSING you on the point of discussion instead of the lotts shiite talk about Bushie’s medicine, about some shiite bank; about insurance etc?
OK … Bushie accepts Bombastic!!! shiite man, that may even be a compliment 🙂
You think BU bloggers are idiots?
Question…
“Do lawyers borrow funds from Client’s Accounts?”
….YOU REALLY DON’T KNOW!!! Liar…!!!
More specifically …HAVE YOU EVER borrowed….?
Some may…..??!! MAY!!
“May” shiite!! Almost EVERY ONE does…. and you KNOW it.
It is a requirement that there be a yearly “taking of accounts”
++++++++++++++++++++++++++++++++++++++++++++++++++
What the hell is THAT??!! You think Bushie is some junior blogger? …or that because the whacker ‘get tek way’ the bushman gone doltish..??
What requirement?
By whom?
What is the percentage of compliance?
What happens to defaulters?
What the hell is a ‘taking of accounts?’ – dat is when money getting thief…?
What happens when none is taken? …Oh wait – you said that even the High Court is ignored in this ‘taking of accounts’ shiite? steupsss!!!
Look Boss – take Bushie’s advice and drop this…
You are NOT doing yourself any favours….
LOL
Now Bushie is a lawyer!!??
Wait – there may be a legion of Bushmen yuh…
LOL
ha ha ha
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Unless a very public and detailed class action lawsuit from dual citizens living in the US, Canada and UK is instituted against the government, bar association, attorney who steal from clients and disciplinary committee in Barbados . …it’s very unlikely that any of them will budge to do anything to right those wrongs.
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Amused must think he is talking to JA’s on this blog.He knows of one ordered by the court to have a taking of accounts and has done nothing to doso.You must think we are idyuts.Of course you don’t know that the big thieves in that partnership cannot return to Barbados without sanction of the same High Court.Of course you do not know that the said big thief and his wife used the partnerships’ funds like their personal bank.Of course you do not know that your alter ego Smit uses his delay tactics to deny justice for the said “sole partner”.As I have surmised on another thread,you lot are only interested in principal and in what you can bleed from a corrupt system that is destroying this once proud country.If only,if only,if only.
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@Gabriel. Actually, you are wrong. The “sole practitioner” I referred to lives in Barbados.
On the matter of a class action in the States, the States would deny jurisdiction, dual citizen or not. End of. Dual citizenship does not confer an automatic right to sue out of jurisdiction. But don’t take my word for it. Consult a US lawyer.
@Bushie. What part of, “I don’t know” and “it is none of my business” do you not understand?
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@ Gabriel
The Lawsuit issue dous apply in two matters I know of
The sale of financial investment instruments cross borders and USPTO patent infractions
I am not too sure how the unauthorized manipulation of client accounts euphemism for teifing could be crafted to fall into either of the above but the two above are definitely jurisdiction compliant
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http://www.nationnews.com/nationnews/news/83580/action-plan-appoint-judges
Amused…this is a real disgrace and serious indictment on CJ Gibson. I know people who had the foresight to go have their files pulled from that pile of thousands of files of civil cases and try to scquire a court date, if they had not done so their cases would be screwed…some of the files could not even be found….what kind of judiciary is being managed….they all get a salary, taxpayers are footing the bill…yet nothing is being done.
They are getting help from North America, help from the CCJ…and still nothing, what is wrong with the ministers in government and those working in taxpayer funded entities. ..it has become systemic blight.
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Amused, you misunderstood…I am not speaking about suing the Barbados govt and tiefing attorneys etc from the US..I know there would be jurisdictional issues, any attorney knows this…I am speaking about dual citizens filing that lawsuit in Barbados and exposing it to the world.
Some don’t realize that there are things US entities can become involved in….if it affects their citizens, eg, tiefing insurance companies like CGI Insurance
tiefing lawyers and the judicial system and government entities who refuses to prosecute these thefts and the thieves who have been getting away with this for a very long time….can be sued in Barbados.
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@ Amused
Maybe when the BLP sweeps out the DLP in the coming general elections in 2017 you might be able to canvass for your SRA.
Ooops now I think about it that is consistent withe the values of a Rule of Law precept and the lawyers in the Troika Core as well as those on the the periphery of Strathclyde who will be ruling the country WILL NOT ALLOW ANYTHING LIKE THAT TO HAPPEN.
You wanna place a bet on that Amused? such a suggestion to regularizes the pack of wolves would be relegated to that statement “young men shall dream dreams, and old men shall see (hallucinogenic) visions”
The rumour is that Mia Mottley has her eyes on who she is going to pick out for her lackey posts of Auditor General and Director of Public Prosecutions.
Whu it mek sense Amused!!!
You doan want that after composing a dogshy*e Covenant of Hope that Leigh Trotman turn round and expose your lying Troika to be as bad a den of teives and Veco corrupt scammers as the Cahill Crew to take a $100 million Dodds prison up to $292 million scam do you?
And suppose dat you had a DPP that would works instead of playing golf and purportedly tekking Guyanese dollars to let off fellow Guyanese pun various charges, you wud want a feller like dat in you hand wouldn’t you?
Whu you tink?
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Amused you know dual citizenship means just that…if am a citizen of Barbados, or Canada or US or where ever. ..I am a citizen, with all the rights conferred on me as a citizen. .including the right to sue from within any country where I am a citizen, that right cannot be taken away from me because I also hold citizenship from another country.
Dual citizens need to come together and show the government, DPP, Bar Association, disciplinary committee and the tiefing lawyers what for.
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@Well well. With respect, that is a mistake that people make all too often. Unless you sue in a country for matters pertaining to that country, you have a problem with jurisdiction. For instance, you cannot as a Bajan sue in Barbados about matters pertaining to your employment in the USA, even if you are also a US citizen. It is all about sovereignty. So, it follows that as a US citizen you cannot sue in the US on matters pertaining to your employment in Barbados, because the US courts would not have jurisdiction to try the case. If you check with the US Embassy, if you have dual citizenship, they will advise that they have no jurisdiction to even protect you while you are in Barbados, if you are also Bajan. As a Bajan in Barbados, you are subject to Barbados law and courts. Then there is the question of enforceability of a US judgement in Barbados. If, and I say “if” because I am sure your case would fall to a jurisdictional challenge, you did get a judgement in the US courts, you would then have to go through the process of having it recognised and enforced by the Barbados courts. This is not unfair at all. In the same way that the US would not sacrifice its sovereignty to us, we will not, nor would the US expect us to, sacrifice our sovereignty to it. So the plan of forming a class action of people holding dual nationality and employed by a Barbados entity in Barbados, for which they would have to be resident in Barbados, is meritless. It would immediately be successfully challenged on jurisdictional grounds and lawyers are a lot more expensive in the US than they are in Barbados and the US courts would not allow Barbados lawyers audience and costs would be awarded against the applicants – and these would be very high indeed. For nothing. There is a substantial body of case law on this and you don’t have far at all to find it. Just check out the Kingsland Estates documents posted right here on BU.
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“In May, 465 prisoners were on remand compared with 437 serving sentences. At that same time last year there were 531 inmates serving sentences, compared with 393 on remand.”
“102 murder defendants on remand”
http://www.nationnews.com/nationnews/news/83579/102-murder-accused-remand#sthash.CFVYuTuq.dpuf
“The source said clerks at the Supreme Court had collated hundreds of thousands of cases many dating back to the 1990s “
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@ Amused.
She clarified that point earlier I believe and said that her focus was moreso on the adverse publicity mechanisms that dual citizens could and should rely on.
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@Piece. I got that and accept it totally. However, I am not sure what main-stream press exposure it would get as I am sure Well Well which, I am sure has considered and, as Well Well is willing to always look at the other side of the coin, I addressed her from the legal perspective. Sorry @Well Well, but I was sure you would understand.
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“So the plan of forming a class action of people holding dual nationality and employed by a Barbados entity in Barbados, for which they would have to be resident in Barbados, is meritless.”
Amused…again, this has nothing to do with dual citizens suing for employment rights or lack of….BUT…everything to do with dual citizens who have be robbed and made victims of by tiefing lawyers over the decades as it pertains to their land and property issues…read the tiefing speaker of the house, Michael Carrington, stealing from the senior citizen in the wheelchair , who had to sue to get back hus oroperty….the lady, another senior cituzen, robbed by Therolf Fields, hr stole all her money, she sued and got him disbarred. ,.,, all those dual citizens living in Canada, US, UK etc.., who have been and are still being robbed, by attorneys such as deceased Caroline Herbert and her still alive husnabd Michael Worrell, no lawyer but real estate agent..,,, famous for stealing from dual citizens living outside Barbados.
All about the government ministers, themselves attorneys and culprits, all about bar association, DPPs office and disciplinary committee who collude with and protect attorneys who steal from clients.
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Amused…you would be shocked what New York Times and other credible international newspapers would expose…Barbados is not immune.
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@ Amused
@Bushie. What part of, “I don’t know” and “it is none of my business” do you not understand?
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
The part about it being a blasted lie …..and about it being YOUR business – since you cannot deny ‘borrowings’ yourself (not without fear of your nose growing…)
Otherwise…
You may be surprised how much ELSE Bushie understands.
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I think Amused moves to his own beat. Seems like he is quite willing to point out or comment on a wrong; tries to be honest; but is very circumspect when addressing comments on lawyers. A principled fellow.
I consider him as one of the folks on my BU ‘required reading’ list.
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Oh Amused is very required reading.
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Oh oh! I fear Bushie has a point again. Such easy access to clients’ funds must be very tempting indeed. I, like him, believe that it would be far too tempting for MOST PEOPLE to resist. I too have long believed that the intention is to borrow and not to deprive the client indefinitely. But as Pacha said, it is like a Ponzi scheme which in bad times will collapse. The trouble is that the delay in paying clients can have a disastrous effect on them and their families and cannot be condoned. It can affect their education, housing, health care, mental and physical health and even their ability to eat a balanced diet. In short it can hasten their deaths. I personally would picket the offending attorney’s office which I’m sure would hurt client intake. If they tried to have me removed it would make for an even better facebook story complete with video. When the system is deliberatelyset up to favour some people and deny others justice one has to be creative.
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@ Donna
You may choose not to believe this…
But this issue may well be the very fundamental genesis of our legal quagmire in Barbados.
Picture this…
A system where Lawyers are able to collect client’s funds destined for many major purchases… and easily getting into the tens of millions of dollars.
When Banks, Credit Unions and other financial institutions do this SAME thing, they are subject to ongoing scrutiny from the FSC, BRA, Central Bank, and from independent audit requirements.
Lawyers check themselves….and ‘take the accounts’ yearly (whatever the hell THAT means…
Now pray tell Bushie the kind of person, with say $10M dollars sitting in Client’s accounts (awaiting his completion of various real estate deals); …and who needs an urgent loan of $500,000 to improve his home …will make an application to FCIB or Scotia for such a loan …. and have to produce their wife’s and girlfriend’s panty sizes… among the other bank requirements
…WHEN THEY CAN JUST WRITE THE $500,000 CHEQUE THEMSELVES????
…and NO ONE ASK them a thing….?
All then required is that certain ‘real estate transactions’ encounter various “delays” and obstacles …necessitating the disbursements from Client funds to remain WITHIN the balance remaining on the bank.
When this first ‘loan’ works out so well…..
Why would such a lawyer not then take another ‘loan’ for that “most appropriate BMW” that would enhance his image? … a good investment would you not agree? …and besides, Bajans are happy to wait 8 years while the funds get repaid…
Steupsss
…and then brass bowl Bajans are telling Bushie that they cannot understand why the legal system is slow….
…why files get lost
…why nothing gets done …and nothing gets done about THAT!!!
Lotta shiite!!!
But wunna just focusing on the idjuts like the speaker ..who got carried away and spend ALL the client’s money like it was his….
If no one checked the Banks they would likely do the same damn shiite.
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Bushie,
Why would I not believe what makes perfect sense?
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Seems like we are long past the stage where a man was a man if he only had one pants. Now one’s financial image is more important than one’s integrity. I guess all those who worship at the altar of money have collectively created several monsters.
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@Bush Tea
A good example to support a case of lawyers routinely dipping into client funds is Michael Carrington, the ‘honourable Speaker’. He was bailed out by fellow lawyers and prominent business men. Here is the catch, the help came from across the political divide.
>
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In suggesting a class action lawsuit by dual citizens against those lawyers, juducial entities and government entities et al who collude to steal money and properties from dual citizens of UK, Canada and US…..I even suggested to someone in the US this morning the they may want to hire attorneys from UK and Canada, some of whom are known to practice the Commonwealth Law in Barbados and the Caribbean.
I am sure Amused has loads of information on that procedure.
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@ Donna
Why would I not believe what makes perfect sense?
+++++++++++++++++++++++++++++++++++++++++
Don’t you want to fit in with typical Bajans?
We do it all the time.
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@Bushie. I can and do absolutely deny that I have ever had one cent out of any clients funds ever, either borrowed or otherwise appropriated and nor has any member of my immediate family and nor has any member of my extended family through my agency or with my knowledge. No loans (soft or otherwise) no mortgages, no nothing. And I really couldn’t care less whether you believe it or not. Try barking up a different tree.
@Well well. There are attorneys practicing in certainly the UK who have been called to the Bar in Barbados and who therefore either have or have the right to practicing certificates. Mostly, however, they were called before the regulations and qualifications changed and are therefore of a certain age and most of them are now retired. I am not deliberately putting flies in your ointment and I hope you believe that. It is just that I honestly do not think that there are many of them around and all the ones I used to know are now retired. Canada? I am not sure if there are any of them. USA, ditto. If it helps, it is possible to obtain counsel from Canada, UK, USA to brief and advise local counsel, but they would not have a right of audience and therefore could not address the court. I am afraid that I cannot help you with a list. Now and knowing you, this was likely the next question of your cross-examination of me. Do I think that is right? I most emphatically do NOT. In fact, I view it as unfair and regressive. But, if it is the desire of those elected by the people to carry out their wishes to place Barbados in a bubble, there is nothing that you and I can do about it, except protest here in the hopes that maybe, just maybe, there will be sufficient protest that our Lords and Masters, who are supposed to be our servants, will listen and obey. Just had a thought. There are a members of the Inns of Court and Law Society of England and Wales resident and practicing in Barbados. The name of former BA president Tariq Khan leaps to mind.
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@ Amused
Bushie may well be among those staring at your nose tomorrow….
We shall see…
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Lol…..Amused, I know Tariq, he would undoubtedly have a list.
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“Do I think that is right? I most emphatically do NOT. In fact, I view it as unfair and regressive. But, if it is the desire of those elected by the people to carry out their wishes to place Barbados in a bubble, there is nothing that you and I can do about it, except protest here in the hopes that maybe, just maybe, there will be sufficient protest that our Lords and Masters, who are supposed to be our servants, will listen and obey.”
Amused…you said it right, it all goes to the motives of those who should be protecting the victims but are all instead colluding with, enabling and participating in the theft of property and money of dual citizens who live outside of Barbados.
Ya know there are ways to make it happen though…there is always a way. Not difficult to find either, never is.
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http://www.barbadostoday.bb/2016/07/26/inniss-calls-for-less-incestuous-legal-body/
Inniss got a lot of talk, let’s see him walk the talk with action.
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