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Fee Setting by Legal Profession and other Associations Left Unchecked by Successive Governments

The following was posted to the Fair Trading Commission (FTC) website in July 2008. It is not necessary for the blogmaster to cover the below with comments except to say, ‘we not ready’. See FTC recommendations on page 26 of the document embedded. In 2007, the Commission began a follow-up inquiry into fee setting in…

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The following was posted to the Fair Trading Commission (FTC) website in July 2008. It is not necessary for the blogmaster to cover the below with comments except to say, ‘we not ready’.

See FTC recommendations on page 26 of the document embedded.

In 2007, the Commission began a follow-up inquiry into fee setting in the professions focusing especially on the schedule of legal fees for non-contentious matters.

The Commission had previously found that mandatory fees set by professional associations were in breach of the Fair Competition Act. However it stopped short of making the same finding in regard to non-contentious fees because they were set in statute. The Commission however determined that the schedule of legal fees for attorneys at law, represented a conflict with the principles of fair and open competition as advocated in the Fair Competition Act.

The Commission therefore has formally recommended that an amendment be made to the Legal Profession Act 1997, so that the fees charged for non-contentious matters can be recognised as being provided for reference only, and attorneys wishing to charge above or below these fees, being able to do so without reprisal.

This will resolve the conflict between the two statutes, and should allow for some competition in the legal profession.

See Fee Setting in the Professions II:  Follow-up Report. [pdf]

Closed July 2008

130 responses to “Fee Setting by Legal Profession and other Associations Left Unchecked by Successive Governments”

  1. Hal Austin Avatar
    Hal Austin

    Part of the price we pay for party-politicising our public discussion is that the discourse goes off on a tangent. Here we have a prison officer, a senior official in his professional association, being charged with an uncommon offence. Prison officers throughout the Commonwealth cannot go on strike by law. Nothing new here. Why the decision to prosecute this man?
    What is particularly interesting is that that decision was taken, it appears to me, as a warning; it is clear it was not the police – with their notorious sick-out reputation – who took that decision. I cannot believe the DPP would have taken that decision on her own without consulting the attorney general; and I cannot imagine the AG taking that decision without consulting the prime minister. Was the minister of home affairs part of the decision-making process? Was t he prison superintendent told before it was made public?
    Something is going on; first we were told about sabotaging government policy, presumably by civil servants, now we see those active in the civil service being picked off by people known or unknown. This is fundamentally an attack o0n our democracy. As BERT fails the government will panic more and more.
    Are we going to see members of the NUPW, the BWU, the teachers’ unions etc threatened with prosecution under the Official Secrets Act (remember all citizens come under the Official Secrets Act whether they have worked in the civil service or not) or the Public Order Act?.
    Let us have a clear, grown-up discussion and not silly jokes or pro-party nipping. Remember, the DLP was incompetent, this BLP is of a different breed altogether.
    It is going to end in tears. Barbados is a failed state.

  2. Hal Austin Avatar
    Hal Austin

    @Simple Simon,

    May be Caswell can clarify, but do civil servant s not get up to 20 days’ annual sick leave officially?

  3. Georgie Porgie Avatar
    Georgie Porgie

    @ WARU
    RE Nurse is known as an extremely nasty piece of work and a prime example why some black people should NEVER have any power, no matter how minute…over each other…the negros can be evil.
    100% CORRECT NURSE IS A HAUGHTY INFERIOR SUPERIOR!

    pieceuhderockyeahright December 7, 2018 3:06 PM

    RE this Ministry of elder care is the most inept minustry in Barbados

    It started under the so called apostle David Durant and now culminates with talky talky Cynthia Forde

    CINTY IS A MORON SAID TO HAVE TAUGHT PRIMARY SCHOOL FOR 25 YEARS
    WHEN SHE GOT THE BIG JOB IN GUVMENT IN EDUCATION IN 1994, I WENT TO THE WOMAN WID A VERY GOOD PRODUCT TO AID IN THE TEACHING OF BASIC ARITHMETIC ; ADDING SUBTRACTION ETC AND FRACTIONS AND DECIMALS AND SQUARE ROOTS ETC

    BEFORE I WENT TO HER, I SHOWED IT TO ALL THE PRIMARY SCHOOL TEACHERS THAT CAME TO MY OFFICE, AND ASKED THEM TO TELL ME HOW IT COULD BE USED

    EVERYONE OF THEM COULD IMMEDIATELY SEE ITS BENEFITS

    CINTY, WHO I HELPED WITH HER THESIS AT ERDISTON TOLD ME A LOT OF RUBBISH
    SHE COULD NOT SEE THE BENEFITS
    THIS WAS AT A TIME WHEN THE BITER AND CURRENT PM WAS ADVOCATING EDUTECH WHICH WAS A FAILURE

    I AGREE WITH YOU THAT ” One thing that I am sure of is that God does not sleep and the evil that men do WILL BE REVISITED UPON THEM as they will see, in the fullness of time” FOR IT IS
    WRITTEN IN Ecclesiastes 8:11-13
    Because sentence against an evil work is not executed speedily, therefore the heart of the sons of men is fully set in them to do evil. Though a sinner do evil an hundred times, and his days be prolonged, yet surely I know that it shall be well with them that fear God, which fear before him:13 But it shall not be well with the wicked, neither shall he prolong his days, which are as a shadow; because he feareth not before God.

  4. Walter Blackman Avatar
    Walter Blackman

    Pachamama
    December 7, 2018 11:59 AM

    Weather (sic) under austerity or neo-liberalism the elites and those so minded are the enemies of the people……..

    We have no intension (sic) of engaging the elites in a food fight…….

    Pachamamum,
    At one point, you were showing improvement. However, your current writings demonstrate that you have obviously suffered a serious relapse.

    Go back to reading “Uncle Arthur’s Bedtime Stories” and don’t stop until I tell you to.
    This is all for your good, so don’t let anybody say that I am not showing and giving love.

    Tough love, that is.

    PS: If you heed my advice, one of these days you will reach the lofty height of being an “11+ boy”.

  5. Simple Simon Avatar
    Simple Simon

    @Hal Austin December 7, 2018 3:52 PM “@Simple Simon, May be Caswell can clarify, but do civil servant s not get up to 20 days’ annual sick leave officially?”

    I don’t know. I have NEVER been a civil servant, nor a member nor supporter of a political party.

    For a very, very brief period in my youth I worked in a SOE. I left because the work was too easy.

    I like to work hard.

    I like to work well.

    No generally healthy young person needs 20 days of sick leave annually. Goverment should reduce the sick leave to about 5 days per year. Civil servants could take more time if they wished, but with no pay.

    Too many people abusing the overburdened tax payers.

  6. Simple Simon Avatar
    Simple Simon

    @Georgie Porgie December 7, 2018 3:53 PM “CINTY, WHO I HELPED WITH HER THESIS AT ERDISTON.”

    You should not have helped anybody with any thesis.

    Let them pass or fail on their merits.

    After all Erdiston is only a two year program, equivalent to an associate degree.

    Nobody should need any help with associate degree level work.

    Stupseeee!!!.

    Wunna men too soft.

    I have no use for soft men.

    Lolll!!!

  7. Georgie Porgie Avatar
    Georgie Porgie

    SS
    RE We call in sick for bare sport…and to rip off the NIS.

    THIS IS NOT STRICTLY TRUE

    I CAN GIVE YOU A LONG LIST FOR REASONS FOR WHICH SICK LEAVE WAS REQUESTED
    AND AN EQUALLY LONGER LIST FOR CASES WHEN SICK LEAVE WAS JUSTIFIABLY OFFERED BUT REJECTED

    I CAN ALSO WELL REMEMBER LEARNING EARLY THAT IF YOU DONT GIVE A PERSON SICK LEAVE, THERE WILL LEAVE YOUR OFFICE AND IMMEDIATELY GO AND PAY AND GET IT ELSEWHERE

    I CAN TELL YOU TOO ABOUT THE TIME WHEN THREE MEN (ONE RECENTLY DECEASED) SENT HOME ALMOST THE WHOLE POLICE FORCE IN 1999

    I USED TO ENJOY JOKERS WHO WOULD CALL TO CHALLENGE A SICK NOTE.
    I WOULD REMIND THEM THAT THOSE YELLOW FORMS ARE ADDRESSED TO THE PATIENT AND PARTICULARLY POINTS OUT THAT THEY WERE SIGNED BY A PERSON WHO WAS GIVING HIS OPINION……….NOT ASKING FOR THEIRS.

    I USED TO ENJOY ASKING SUCH JOKERS TO TELL ME WHICH MEDICAL SCHOOL THEY ATTENDED AND REMINDING THEM THAT THEY WERE NOT MY EXAMINERS AT ANY TIME.

  8. Hal Austin Avatar
    Hal Austin

    @Simple Simon,

    Years ago, in one of my Notes, I wrote about this, suggesting it was perverse to give people effectively four weeks holiday a week for nothing. What is that in economic terms: 25000X 20 = that is 500000 working days, or 500000X8 = 4m working hours at the mean average hourly pay of a civil servant. Have the BERT economists done that arithmetic?
    I can’t be bothered to go searching for the Notes I wrote on the issue. It is not that important to me. What I have said is that BERT is about false economies. The poorest people are paying a heavy price. It will end in tears.
    By the way, how can young, professional people stay quietly in a Cabinet that is this biased against the poor? Do they have any pride or ill they sell their souls for status? If they walk out of the Cabinet they do not have yo leave parliament or resign from the BLP. Who is going to be the first to walk?

  9. Georgie Porgie Avatar
    Georgie Porgie

    RE You should not have helped anybody with any thesis.Let them pass or fail on their merits.

    WHY NOT? I LENT OUT BOOKS AND OTHER LITERATURE TO MANY, AND GAVE IDEAS AND SUGGESTIONS AS A MENTOR

    I HAVE NO APOLOGIES TO MAKE FOR DOING WHAT I DID TO HELP OTHERS FOR
    IT IS WRITTEN IN Proverbs 3:27 Do not withhold good from those to whom it is due,
    when it is in your power to act.

    I DONT TALK BOUT LOVE LIKE THE BU BRIMBLERS, I ACT IT OUT

  10. Hal Austin Avatar
    Hal Austin

    four weeks’ holiday a year…..

  11. Walter Blackman Avatar
    Walter Blackman

    Robert Goren
    December 7, 2018 3:38 AM

    “@ T. Inniss
    ……you like to call people who disagree with you BLP supporters….
    you’re pushing this nonsense a bit too far…..
    you’re a DLP pimp incognito.
    stop being dishonest……
    You are misleading us
    …….to make up things just to find something to criticise is wrong.
    Maybe at the next CSME meeting they should include skilled political yardfowls, allowing you (to) go through the region without a work permit to spread political propaganda……”

    Robert Goren,
    Immediately after the 30-0 annihilation of the DLP at the polls, T. Inniss turned up on BU like a forlorn, half-drowned rat. Was he/she a parasite that the Barbadian electorate had ruthlessly excised from the nipples of taxpayers?

    I knew it was only a matter of time before I started reading comments similar to the ones you have made above. I agree with all of your comments except one.
    He is a pimp “cognito”.

  12. Hal Austin Avatar
    Hal Austin

    I ask again: why was the prison officer, a man of previous good character, released on bail by the chief magistrate? Is he a flight risk? Is he likely to interfere with evidence or witnesses? Our criminal justice system is without question in need of reform.

  13. Simple Simon Avatar
    Simple Simon

    @Georgie Porgie at 4:11

    It seems clear to me that you were a part of the sick leave problem.

    Upholding people to feel that they are sick, when there is not one damn thing wrong with them.

    Once a policeman come “axing me a question”, then he told me that he was 29, and “looking to come out medical”

    He NEVER heard from me again?

    What on earth would I do with a 29 year old man who is too “disabled” to work?

    I had no intention of being his “mummy”

    Lolll!!!

  14. Simple Simon Avatar
    Simple Simon

    @Hal Austin December 7, 2018 4:15 PM ” …will they sell their souls for status?”

    As you well know, some people will sell their mothers for money, and some may sell her for status.

    Human nature.

    God the Father may be good, but he has some bad, bad, children.

  15. Simple Simon Avatar
    Simple Simon

    @Walter Blackman December 7, 2018 4:26 PM “Was he/she a parasite that the Barbadian electorate had ruthlessly excised from the nipples of taxpayers?”

    At some point the taxpaying electorate of Barbados had to take the bubbies out of the mouths of the overgrown babies. AKA the political class.

  16. David Avatar
    David

    Wade Gibbons
    6 hrs ·

    The action brought against President of the Barbados Prison Officers Association Trevor Browne is not only bogus but it is a national disgrace. The charge might be in the Prison Act but there is a reason why it has not been used before. The state cannot prove its case without a public Judas. But the charge will serve to frustrate, expense and put this man’s life in limbo until such time that it is dismissed. Which Judas is going to take a witness stand and testify that in an effort to fight for the rights of prison officers Browne incited him or her to report sick? He or she would be going on oath to admit that he or she falsely reported sick and open another can of worms – his or her own possible sanction down the line. But, having said all that, this is Barbados and there might be a Judas just willing to bear false witness. The state CANNOT prove this case without some prison officer shining the national spotlight on himself or herself as a monumental quisling. Some years ago hundreds of my former colleagues fell ill – including myself – to such an extent that it affected Independence Day celebrations and other national operations. The GENUINE mass illnesses were as a result of horrendous working conditions and they caught the attention of the powers that be who sought to remedy the problems. The president of the police association was not hauled before the law courts then, so why now in this scenario? Why not instead try to deal with the vexing issues rather than be vindictive? Perhaps, this is to balance out the earlier charge brought by Browne against his boss and the state. Would love to read the statements of the virtual complainant(s) who initiated this action.

  17. Enuff Avatar
    Enuff

    It ain’t only me that is convinced TInniss is a pimp–a post 24 May arrivant. Talking pissery about barbers etc moving around freely. Ain’t a former DLP Minister plying their trade in Guyana, or only Dems and the “educated” should be allowed to move freely to wuk?

  18. Georgie Porgie Avatar
    Georgie Porgie

    Simple Simon December 7, 2018 4:37 PM

    @Georgie Porgie at 4:11

    It seems clear to me that you were a part of the sick leave problem. Upholding people to feel that they are sick, when there is not one damn thing wrong with them.

    I WONDER WHAT IT IS I SAID THAT BROUGHT YOU TO DAT CONCLUSION.

    IF I WAS IN DE SICK LEAVE BUSYNESS IN BIM, I WOULDA STAY IN BIM AND MEK A GOOD LIVING LIKE DE INDIAN IN BELLEVILLE I WONT HAVE GONE OFF TO TEACH MED SCHOOL.

    AND IF I HAD STAYED IN BIM IN DE SICK LEAVE BUSYNESS WUH YOU AH DO BOUT UM? WOULDA JUST GO THROUGH THE MOTIONS AND WRITE UP AND KEEP GOOD S. O. A. P NOTES

    I WOULD TEK A HISTORY FROM YA AND EXAMINE YA FROM HEAD TO TOE AND WRITE LONG NOTES LIKE A MED STUDENT AND GIVE YA A NICE DIAGNOSIS TO BOOT. LOL

    A NICE DIAGNOSIS LIKE :GYNAECOLOGICAL PROBLEM FOR A PERSON LIKE BT OR LEXICON I WOULD WRITE PROCTALGIA FUGAX!

    SO IF YA DID RECORDING ME WID YA PHONE TODAY YA WOULDNT HAVE A THING TO CAH COURT, CAUSE I WOULDA GONE THROUGH THE MOTIONS BY THE BOOK.

    I WOULDA LEARN ALL DAT LIKE HOW LEARNED TO CHALLENGE AND MOCK AND BE A MYOPIC PROVOCATEUR ON BU

    MAN I WOULD HAVE HAD REAL FUN WID IT .
    SORRY I DIDNT THINK OF IT IN 2002 LIKE NOW SO, I WOULDA BE RUNNING DE GUVMENT RAGGED

  19. Georgie Porgie Avatar
    Georgie Porgie

    EX SGT Wade Gibbons!

    RE Some years ago hundreds of my former colleagues fell ill – including myself – to such an extent that it affected Independence Day celebrations and other national operations.

    I REMEMBER DAT Independence Day celebrations WELL THINK IT WAS IN THE 80’S! 86 OR 87 OR 88! LOL

    BUT 99 WAS THE ONE WHEN ONE OF MY GOOD FRIENDS NEAR DE TOP OF THE FORCE, AND MY PATIENT TOLD ME DAT ONLY A FEW GAZETTED OFFICERS WERE LEFT AT WORK.
    3 FELLAS HAD THE FORCE HOME FOR THREE WEEKS…BUT THE FELLAS LISTENED TO PROMISES AND RELENTED

    WHEN THEY TRIED IT AGAIN IN MID 2000 ONE OF DE DOCS WAS HOLIDAYING OVER AND IN AWAY AND DE SICK LEAVE DID NOT HAVE ITS STING!

    RE Which Judas is going to take a witness stand and testify that in an effort to fight for the rights of prison officers Browne incited him or her to report sick? He or she would be going on oath to admit that he or she falsely reported sick and open another can of worms – his or her own possible sanction down the line. But, having said all that, this is Barbados and there might be a Judas just willing to bear false witness. The state CANNOT prove this case without some prison officer shining the national spotlight on himself or herself as a monumental quisling.

    WADE MA BWOY YA NEVER KNOW SOME ONE MIGHT DO IT WITH A PROMISE FOR A BIG PROMOTION! LOL THEY MIGHT THINK OF THEMSELVES ONLY AND NOT ABOUT ALLTHE OTHERS NURSE IS HARRASSING

  20. Georgie Porgie Avatar
    Georgie Porgie

    MR SKINNER SIR

    THIS ONE SOUNDS LIKE AN OXYMORON

    Joseph Atherley is a man of God , and a man of the Devil.

    ARE YOU SAYING THAT Joseph Atherley IS BUSH TEA THE MAN WID DE WHACKER WHO HAS BEEN “ADOPTED BY SOME BBE” AND WHO ASKS MEN TO GET BEHIND HIM…..PRESUMABLY TO BULL!?

    HOW I DOING BU? AM I A GOOD PROVOCATEUR YET?

    HAVE I PASSED THE PROVOCATEUR TEST?

    I TRYING TO BE surgical in A plethora of attacks (playfully) on fellow commenters.

  21. Sargeant Avatar
    Sargeant

    Anyone mildly acquainted with labour relations in Barbados will recognise that morale at Dodds is at an all- time low, from the various media reports it seems that “its different day same shit” that existed at Glendairy. This is Alexandria all over again only this time the stakes are higher and when you try to pit prison officer against prison officer that is a recipe for disaster.

  22. Georgie Porgie Avatar
    Georgie Porgie

    RE morale at Dodds is at an all- time low,
    IT HAS BEEN SO EVEN AT GLENDAIRY SINCE NURSE CAME CIRCA 1998 OR SO

  23. Pachamama Avatar
    Pachamama

    Walter Blackman

    We have always considered you be a complete asshole.

    Given those circumstances it would not be unexpected that you would seek to defend the elites everywhere, that is how you see yourself, as an elite wannabe, notwithstanding their many rejections of you. Nonetheless, you persist.

    We recall well what Don Blackman did to you many years ago at the DLP HQ.

    A few years ago you came here on BU talking Keynesian economic shite. Again you wanted to be a DLP lapdog. They unceremoniously rejected you at several levels. Yet you seek to wipe the asses of elites to become an elite, all based on a mis-education. Have you no shame!

    In recent times we had noticed a different economic conversation. Maybe yuh pick up something somewhere. Not that you understood what you were saying. Maybe an admission that the shiiite in your head was always unworkable.

    This writer also knows that Charles Herbert, your former boss and a criminal, followed the tradition of Don Blackman in relations with you. But not one word from you about him because you always want to be in a position to pimp from elite forces. You are a rassoooooul lackey.

    Last time we hired an actuary we were paying only the equivalent of US112US per year. We have no current vacancies.

    Don’t let there be any doubt. We have always held an extreme hatred for the likes of you and everybody else who is like you. Let that be your point of departure.

  24. T.Inniss Avatar
    T.Inniss

    Pachamama.

    A word to the wise is enough.

    Man you said it all.

  25. Walter Blackman Avatar
    Walter Blackman

    Pachamama
    December 7, 2018 6:14 PM

    “Walter Blackman
    We have always considered you be a complete asshole.
    We have always held an extreme hatred for the likes of you and everybody else who is like you.”

    Pachamamum,
    I am glad to know that I have rattled you and the schizophrenic voices that constantly harass your head.

    It is not hard for me to guess at least one other person on BU who you hold extreme hatred for. That person is the unpretentious Simple Simon. As cool as ice, she raked you over the coals one day for mis-spelling a simple word. All you could do was, like a duncy village idiot, come on BU and shamefully say: “You got muh, Simple Simon.” That was just another example (of many) which shows that you are an intellectual wannabe.

    In your screwed up mind, you are an international man of mystery, working on important global projects in almost every sector, and hiring top-notch professionals. In reality, you have not even started to understand basic English and have not read enough to identify and spell simple words. I urge you to stop the pretentious posturing. All of us have seen through you.

    By the way, you paid an actuary US112US per year? How much is that in real money? You paid an actuary to do what? Calculate the probability of you ever becoming sane? The answer is zero. I would have charged you BDS$1 for that.

    Sloppiness becomes you.

  26. Walter Blackman Avatar
    Walter Blackman

    T.Inniss
    December 7, 2018 8:18 PM

    “Pachamama.
    A word to the wise is enough.
    Man you said it all”

    T. Inniss,
    You could hush your pimping, parasitic mout’.
    Artaxerxes did it all, and I made sure I recorded it all to be stored in BU’s archives.

    You are a drowning rat, and Pachamamum is only a small piece of a tiny straw. The two of you were made for each other.

    PS: By now, you must have surely realized that I am bored on this Friday night. Therefore, I have no objection to being freely entertained by the two of you. Let Pachamamum teach you how to curse so that I can giggle more.

  27. Walter Blackman Avatar
    Walter Blackman

    Pachamama
    December 7, 2018 6:14 PM

    “Walter Blackman
    …you wanted to be a DLP lapdog. They unceremoniously rejected you at several levels”

    Pachamamum,
    At a time when Barbados was headed for certain destruction, I decided to run for public office so that I could make a positive difference . Incompetent, corrupt people seeking out persons who possessed attributes similar to theirs, recognized that I was bad for business. It was obvious that I did not possess the negative qualities they were looking for.

    I am extremely confident the corrupt rascals would have chosen you. How come, despite your international greatness, you DARED NOT show your face and stand up to be counted when Barbados was looking for good men and women?

  28. Georgie Porgie Avatar
    Georgie Porgie

    Walter Blackman

    You need to understand, as I long have, that Pachamama is one of the two devils on BU. bOTH OF THESE GUYS COME FROM THE PIT IN THE ABYSS IN SATAN’S LAIR.
    I HAVE NO DOUBT ABOUT THIS WHAT SO EVER.
    I WOULD GIVE UP ALL I HAVE IN THIS WORLD TO BET THAT I AM CORRECT ABOUT THIS

  29. Bush Tea Avatar
    Bush Tea

    I WOULD GIVE UP ALL I HAVE IN THIS WORLD TO BET THAT I AM CORRECT ABOUT THIS
    ++++++++++++++++++++++++++++++++++++++++++++++

    …and you WILL ….give up all you have.

    That is on good authority.
    Check back and see when Bushie has been wrong before….

  30. Georgie Porgie Avatar
    Georgie Porgie

    waaiiitttttttttttttt
    the devil has been released from his lair in the abyss for a season
    he is out and about telling men to get behind him ah lie?
    did he not say that in clear english

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