BVI’s Legal Profession Act an embarrassment — Michael Fay
Attorney-at-law Michael Fay, KC has ridiculed the current state of the BVI’s Legal Profession Act, describing it as rushed and needing amendment.
The law, in part, speaks to how attorneys are to be called to the Bar in order to practice law in the BVI and was a particular source of contention during the Commission of Inquiry (COI).
“The state of the Legal Profession Act is an embarrassment to the BVI, I’m afraid to say,” Fay stated while addressing the Opening of the Law Year 2023 of the Eastern Caribbean Supreme Court (ECSC).
Some parts make no sense
Even as he acknowledged that the law had previously been amended — twice on the same day in one instance — Fay urged further amendment.
“There are still parts of it that make no sense, with the result that various provisions have not yet been brought into force, including the provisions for admission,” Fay explained.
As a result, the attorney said the territory still relies on provisions pursuant to Section 67 of the ECSC.
In addition, Fay argued that there are also concerns about legislation being rushed through the BVI’s House of Assembly (HOA), with some recorded instances of all three parliamentary required readings being done in the same day.
He described the Legal Profession Act as a clear example of legislation that was rushed through the legislature, without proper thought being given to it.
In the meantime, Fay expressed surprise that not much of the COI’s work was subject to the court’s review.
He pointed out that the only matter that came before the court, didn’t concern the COI’s actual work, per se, but rather, concerned the question of whether the COI’s lawyers were entitled to perform their functions in the BVI without being admitted to the BVI Bar.
“Unfortunately, the Commission of Inquiry concluded its work and the lawyers left the territory before that issue was determined,” Fay commented.
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The lawyers for the COI violated the Act and all turned a blind eye to this criminal offense.
HE WANTS OUTSIDE LAWYERS TO COME IN AND WORK WITHOUT PROBLEMS
Doing wrong and doing things in the wrong way while saying you are trying to do right or trying to correct right can never be right. This describes the COI process in a lot of respect including the COI lawyers’ violation of the Act but only time will tell.
I don’t think anybody disputes that that the CoI lawyers were acting criminally – but they were allowed to get away with it because the DPP was scared that they might criticise her.
Michael is not wrong – but it isn’t just the LPA itself that is deeply flawed. It also appointed a seven-person Council who were responsible for issuing rules and guidelines under the statute, but that Council has not met for years now. I don’t think the government even bothers to (re-)appoint the members. It is just moribund.
I don’t think that is correct. I don’t believe appearing at a commission of enquiry amounts to the practice of law. It’s not a court. It’s an enquiry, and its own thing. You don’t have to be a lawyer to appear at one, or chair one. You do have to be a lawyer to appear in Court or be a judge.
Not only the legal profession act, the entire legal system, including the police force, dpp, AG, magistrate court,criminal court are at their lowest as of lately.
Agreed so the question is their work valid.
The problem isn’t that lawyers are coming. It is that foreign lawyers are continuing to be admitted to practice BVI law without any connection to the BVI. Some don’t even set foot in the BVI since Covid. Yet the admissions are non-stop. You just have to check the court schedule. So they practise BVI law outside of BVI without making any contribution to BVI. Lawyers working in the BVI have to pay for a practising certificate every year They pay taxes. The hundreds (maybe thousands) practising outside of BVI pay nothing. Nonetheless they continue to be admitted without question or limit. So the LPA has failed in that regard.
Thank god for the former speaker I will vote for him any day
BVI lawyers practising abroad still need to buy a BVI practising certificate.
Michael Fay, YOU are an embarrassment to the BVI. Nuff said!
The CoI lawyers were not only practising law but were using the title ‘solicitor’ and ‘barrister’ and thus holding themselves out as legal practitioners under the specific deeming provisions of the LPA – thus criminal conduct.
Those outside the BVI pay more for their practising certificates than those hear. What else do you want them to pay if they do not live here?
but only in the context of the CoI. It wasn’t a representation to the wider public or anyone else to get work providing legal advice or representation in BVI courts. I think that is relevant; otherwise a holiday maker here who was a solicitor in England could be charged if he told some one in Pussers what his job was.
The entire justice system needs reform, not just the legal branch. It’s not at all responsive to the needs of people in a modern society and is just geared to helping lawyers make money with their ridiculous fees.
hear… or here….. ? hope you not a UK or any ther foriegner not fully trained lawyer sucking on BVI tit, even if you not here, hear?
Mike Fray you are ratchet kangaroo embarrassment to the legal profession in the dam virgin islands.
Well said. This is accepting wrong out of fear.
Don’t care, he’s ra**st
I agree the whole court system is biased to ensure the lawyers always get their fees but we catch hell trying to get paid the fees we the clients win . I have been trying to get $22,000 awarded to
My company against the Ministry of Natural resources for almost 13 months .
Next for the chop?
Sometimes the street is right.
Big set up. Hitting the heart of the establishment. They are attacking an all fronts. Keep your eyes open,stay woke,pull together and we will be OK. Over and out.
The whole operating structure of the VI and its daily operation is a sloppy half ash mess.
A comedy of sorts but a tragedy in fact.
Seriously?!?
“I don’t think anybody disputes that that the CoI lawyers were acting criminally…”
The courts held otherwise and deemed the esteemed one’s law suit essentially frivolous.
@Jack…
Oh yes, just what we need, electing someone vested in all the shenanigans and back-room finagling with which the CoI found fault.
@Jack, you’re saying you prefer crooked government? Or maybe it’s that you prefer not having any other authority overseeing your government as you enjoy the fruits of that crooked endeavour?
Lawyer@Lawyer Shouldn’t they be drinking at the the Dove if they are truly qualified?