In a pivotal address to the bench and bar, Barbados’ Chief Justice Sir Patterson Cheltenham emphasized the critical need to prevent disbarred attorneys from resuming their legal practices under new guises.
During his final address in this capacity, Sir Patterson highlighted the imperative of bolstering legislation to put an end to this troubling practice.
Swift and unambiguous disbarment
Sir Patterson firmly asserted that where persons are found guilty of misconduct, are disbarred, they cannot be in a position to offer their skills to members of the public.
The Chief Justice expressed his concern over individuals who have been disbarred adopting new identities and continuing to provide legal services to the public.
Legal profession bill to address the issue
To tackle this issue head-on, Sir Patterson revealed that the forthcoming Legal Profession Bill would address this challenge comprehensively. Simultaneously, he underscored the pressing need to overhaul the attorney disciplinary system.
Revamping the disciplinary framework
Sir Patterson stressed the necessity of a complete overhaul of the disciplinary framework for attorneys-at-law, emphasizing that the current system had outlived its utility.
He advocated for a model that would swiftly address both client and attorney complaints.
He pointed out that key components of this revamp would include a substantial alteration in the composition of the disciplinary body and its chairman.
He called for the provision of adequate resources to ensure the body could function systematically and effectively.
Sir Patterson made these remarks during the official opening of the 2023-2024 legal year at the No. 1 Supreme Court.
Challenges in the legal system
During his wide-ranging speech, Sir Patterson acknowledged the persistent challenges within the island’s legal system.
While some issues are already in the process of being addressed, he emphasized the urgency of finding solutions to others.
One area he highlighted was the need for legislation to facilitate judge-alone trials.
This move was seen as necessary to overcome the difficulties of securing jurors for the increasing number of criminal courts.
Personnel resources and judicial assistance
Sir Patterson also emphasized the need to augment personnel resources across various departments and advocated for each judge to have a dedicated judicial assistant, citing inefficiencies in the current system where one assistant serves multiple judges.
He also called for the establishment of a Public Defenders Unit to enhance the legal defense system.
Estate management
Addressing estate management issues, Sir Patterson acknowledged long-standing complaints from both lawyers and the public.
He mentioned the completion of a manual audit of all files from 2011 to the present, with plans to share a detailed list of outstanding issues with the Barbados Bar Association.
Mediation and alternative dispute resolution
Highlighting Barbados’ subpar success rate in mediation compared to international benchmarks, Sir Patterson called for renewed efforts in this crucial area.
He proposed dedicating a floor at the Henry Forde and David Simmons Legal and Judicial Complex to alternative dispute resolution, injecting fresh energy into this vital aspect of the legal system.
