Legal Profession Bill not stalled; Walwyn knocks overseas lawyers
BVI News staff reporter - Monday, December 24th, 2012 at 8:03 AM
Myron Walwyn
With one member of the House of Assembly raising fresh concern about some BVI lawyers practicing overseas, Premier Dr. D. Orlando Smith has assured the territory that legislators will soon move forward with the Legal Profession Bill, 2012.
The Bill, which was first introduced in 2007, is aimed at strengthening the integrity and reputation of the legal profession here in the BVI. It will also address a plethora of issues including those relating to lawyers who have registered in the BVI and are practicing overseas.
The bill was first introduced to the House roughly five years ago. It was reintroduced earlier this year as the Legal Profession Bill, 2012.
During his budget presentation last week, Premier Smith told the House that members of the legal profession have been constantly making suggestions as to how the bill can be improved.
He emphasized the increasing relevance of having the bill passed and announced that it will be given a second reading by the end of March next year.
“This (bill) has been a sore point for quite a long time – an Act which merely will regulate the work of lawyers and how they register in the BVI. It did not have a second reading. But Madam Speaker there is more and more need for this Act, and I know that the Act has been circulated to members of the legal profession and the bar, and I know they are all constantly making suggestions as to how the Act can be improved to be as efficient as possible,” Premier Smith told the House.
He continued: “And I promise Madam Speaker that having brought the Act and have the first reading during early this year – that we will have a second reading of the Act within the first three months of 2013 because we see this as very important, Madam Speaker, both for our own people who are studying and coming back from abroad, and also for the continuing development of the legal practice here in the British Virgin Islands.”
While Premier Smith promised to move forward with the Legal Profession Bill 2012, Education Minister Myron Walwyn used a portion of his budget presentation to complain about lawyers who are registered in the BVI but are practicing overseas.
Walwyn, who is also a lawyer by training, told the House that many BVI-registered lawyers who work outside the territory are not contributing to the local economy.
He is confident that the Legal Profession Act will eventually address the matter. “That Legal Profession Act that the Premier wants to bring is so important. It’s important because you have attorneys who come in this country; they are called to the bar, go to Timbuktu and present themselves as BVI lawyers from wherever they are – no need to set up shop in the BVI.”
“So our offices are not being rented. You are not hiring anybody from the BVI. You are not paying any payroll tax – no social security. You are not renting no property to live in, but you are practicing BVI law somewhere where we don’t know where you are. So the effects of all of these things are affecting the economy of this country. And we got to get them fixed. We got to get them fixed.”
Walwyn also highlighted the fact that some overseas lawyers may end up tarnishing the territory’s reputation.
“So you could be out there in Timbuktu doing some foolishness out there and affect the reputation of our country that we have worked so hard to build and protect. But it’s good that we have the Legal Profession bill that will be coming to this house soon to address, Madam Speaker, some of those very very vexing and important issues,” Walwyn emphasized.
This article was posted in its entirety as received by bvinews.com. This media house does not correct any spelling or grammatical error within press releases and commentaries. The views expressed therein are not necessarily those of bvinews.com, its sponsors or advertisers.
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The overseas lawyers bring in the hedge funds and Russians that make the BVI a financial centre. Local greed will kill the golden goose, just look at what happened in The Bahamas financial sector, dead and bured.
Freedom of speech is a right guaranteed by the constitution of the Virgin Islands but it was not intended for that freedom to be misused to address a serious matter (as the one pointed out by the minister) with childish, digressive and uneducational comments about the semantics and dynamics of speech communication and not the content of the message itself. The real questions are; Is the BVI being taken for granted? Is there real evidence of abuse of legal privileges? Is the BVI under a real threat by the overseas practice of lawyers who truthfully do not pay their fair share of taxes, rent, or investment in the creation of jobs for a better economy?
Those are tho real issues! Let’s keep it real!!
Hon. Walwyn, as a Lawyer, should do a speech check….his grammar is not a good representation of his profession.
Did he write the article?
Don’t u c the big quotations showing where he spoke? Bad talking or round-the-curve talking can’t look good on paper. Anyways, I don’t have a big problem with his grammar as understandably he was talking off the top of his head. Not many of us can do that and do as well as Walwyn
You should learn to engage your brain before you blog. It is an article not necessarily word for word. Myron speaks very well so stop your nonsense. When are we going learn sense in Tola!!!!@ concerned citizen
You all talking crap. Get a transcript of the man’s speech and look at it. It is not perfect. Who is perfect?? These politicians try to pack everything in one sentence. That’s the problem. Sentences would be clear, short and simple. I guess of all the politicians the Hon. Julian Fraser is best, seconded by Fahie, then Myron. START LOOKING AT THE TRANSCRIPTS of the unscripted speeches and then make a judgement.
The issue is actually much more complex than Myron presents it. Although having BVI lawyers overseas does prevent money coming directly through to the BVI economy, it is the jurisdictions who have large numbers of lawyers practising oversease (BVI and Cayman) who have become the dominant jurisdictions in the offshore world. Government needs to be careful not to kill the golden goose by preventing BVI law firms from competing on equal terms in London and Hong Kong with Cayman, Bermuda, Jersey and others.
However, some kind of regulation is long overdue (and is welcomed by the legal profession). Far, far too many law firms who have no connection at all in the BVI are flying lawyers in, having them admitted, and flying them back home again where they make zero contribution to the BVI. Some kind of effort to get this under control is long overdue.
The really difficult issue is how to deal with law firms who have some lawyers in BVI, but keep a majority of lawyers (sometimes the vast majority of their BVI lawyers) outside of the BVI. The Government needs to decide what is a sensible position with respect to those firms – balancing the long terms needs of the jurisdiction against the short term needs to boost the economy.
Very good points, alas it depends on an expectation of the government to develop a “sensible” position. The underlying question surely is why do law firms need to engage in the practice of keeping a portion of their BVI admitted lawyers working outside the Territory.
That is essentially what I said earlier. I understand that firms like Maples, Harneys, Ogier etc. that have a foothold in the BVI can do BVI work at their other offices, fine. But those that just ‘fly in and fly out’ are the problem. Who’s regulating them? It’s about presence.
You could not possibly expect the minister to expound on all the issues now could you?
y is it that Walwyn has to be watching everybody’s pocket?? Is it that he doesn’t want anyone else to make more money than he does?? STRANGE MESON
Do you even understand the issue? If you did you wouldn’t write such emptiness. Try to understand what is happening to our country and stop being soo narrow minded.
Myron is absolutely right and it’s not only lawyers, it’s other service providers as well. They are allowed to operate anywhere but using the BVI brand and nobody is regulating them. That is not right. it’s not fair to the country nor is it fair to the other providers that set up in BVI and have to be subject to regulations, inspections etc. and spend big money to remain in compliance. It’s an unfair advantage and it’s time it comes to a halt. There are situations where Law Firms with a branch in BVI may have lawyers at other Branches do work and in some instances, that’s fine. However, there are some who simply called here, set up offshore as an independent provider and selling themselves as BVI. When they screw up? It makes things bad for all of us. Good direction!
@ Biggs. That is not quite true. If trust companies wish to sell BVI companies and other BVI fiduciary services then they usually still need to hold a BVI trust licence issued by the Financial Services Commission.
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