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OFFICE OF THE GOVERNOR-GENERAL |
S.I. No. 11 of 2004 |
THE LEGAL PROFESSION ACT |
(Chapter 64) |
THE LEGAL PROFESSION (GENERAL) |
REGULATIONS, 2004 |
In exercise of the powers
conferred by section 55 of the Legal Profession Act and with the approval of
the Governor-General, The Bahamas Bar Council makes the following regulations - |
1. These Regulations may be
cited as the Legal Profession (General) Regulations, 2004 - | Citation. |
| Interpretation. |
“Association” means The Bahamas Bar Association; |
“Council” means the Bar Council constituted under
section 4 of the Act; |
“Secretary” means the Secretary of the Bar
Association; |
“the Act” means the Legal Profession Act; | Ch. 64. |
“financial member” means a member who has paid all
monies due to the Association. |
3. There shall be due and
payable by every member of the Association, on the first day of July in every
year, the annual dues specified in the First Schedule. | Membership dues. First Schedule. |
4.(1) Every member of the Association
shall have the right to attend annual general meetings of the Association but
no member shall be entitled to stand for election to Council as a candidate or
vote at any meeting unless all money due from that member to the Association
has been paid. | Annual General Meetings. |
(2) Every member of the
Association entitled to vote shall have one vote, except where a member has
been appointed as a proxy he shall have one vote in respect of each proxy held. |
(3) In the case of an equality of
votes, the Chairman shall have a second or casting vote. |
5.(1) The Secretary shall not less
than twenty-one days before an annual general meeting, give notice of the
meeting to members. | Notice of annual general meeting. |
(2) The notice referred to in
paragraph (1) shall be in the form specified in the Second Schedule. | Second Schedule. |
6. The President of the
Association shall be the Chairman at any meeting of the Association and in the
absence of the President, the Vice President, or such other person as the
members may elect, shall act as Chairman. | Chairman. |
7.(1) Any financial member may
deliver to the Secretary at least fourteen days before the day of the annual
general meeting the nomination in writing of any person eligible for election
as officers of the Association and Council and such nominations shall be signed
by two financial members of the Association. | Election of Council members. |
(2) Nominations may also be made
from the floor of the annual general meeting. |
(3) The result of the election
shall be ascertained by counting the votes given to each member nominated and
the member receiving the greatest number of votes shall be declared to be
elected. |
8.(1) No officer of the Association
or member of the Council shall receive any payment or emolument for services
rendered to the Association or the Council but each member may be paid
reasonable travelling and living expenses when engaged in the business of the
Association or Council. | No remuneration for officers or
Council members. |
(2) The Association may employ
such staff as is necessary for the carrying out of its functions under the Act. |
9.(1) An extraordinary general
meeting of the Association maybe held upon - | Extraordinary General Meetings. |
(a) the resolution of the
Council; or |
(b) the delivery to the Secretary of a
written request of not less than ten per centum of the financial members, for
the purpose of conducting the business specified in the resolution or
requisition. |
(2) The Council shall, not less
than two days before an extraordinary general meeting, give notice of the
meeting to members unless in the opinion of the Council the exigent
circumstances require less notice. |
10.(1) At any general meeting, unless a
poll is demanded by the Chairman or by at least two members having the right to
vote at the meeting, a declaration by the Chairman that a resolution has been
carried by a particular majority, or lost, and an entry to that effect in the
minutes of that meeting, shall be conclusive evidence of the fact without proof
of the number or proportion of the votes recorded in favour of or against the
resolution. | Voting. |
(2) If a poll is demanded, the
same shall be taken in such manner as the Chairman directs and the result of
the poll shall be deemed to be the Resolution of the meeting at which the poll
was demanded. |
11.(1) On a poll, votes may be given
personally or by proxy. | Voting by proxy. |
(2) A proxy shall be appointed in
writing under the hand of the appointor. |
(3) The instrument appointing a
proxy shall be posted via registered mail or delivered by hand to the Secretary
before the meeting at which the person named in such instrument proposes to
vote. |
(4) An instrument appointing a
proxy shall be in the form specified in the Third Schedule. | Third Schedule. |
12.(1) An applicant for general
admission to practise shall provide thirteen copies of the following to the Bar
Council six weeks-before the next date of call - | General admission. |
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(b) an affidavit in support of the
petition; |
(c) an affidavit pursuant to section
12 of the Legal Profession Act; | Ch. 64. |
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(e) copies of all professional
certificates; |
(f) a copy of the first four pages of
passport; and |
(g) three character references, two of
which should be from local attorneys with at least five years of call and in
good financial standing. |
(2) The applicant shall also
provide the Bar Council with - |
(a) a telephone contact; and |
(b) the name and date of call of the
attorney presenting the petition. |
(3) The processing fee for general
call applicants shall be one hundred dollars. |
13.(1) An applicant for special
admission to practise shall provide thirteen copies of the following to the Bar
Council thirty days before the next regular meeting of the Bar Council - | Special admission. |
(a) a letter of application; |
(b) an affidavit by local counsel
which shall include details of - |
(i) the parties to the
action; |
(ii) the nature of the matter; |
(iii) the stage of proceedings; |
(iv) the complexity of the
matter; |
(v) evidence of the non-availability
of local counsel; and |
(vi) evidence that the interest of
justice will be served. |
(c) two character references; |
(d) a certificate of Good Standing
from the applicant's Bar; |
(e) a curriculum vitae; and |
(f) copies of all professional
certificates. |
(3) A non-refundable processing
fee of one thousand dollars shall be payable to the Bar Council by the
applicant. |
(4) The Bar Council shall
determine the application and if the application is approved, the Bar Council
will notify the applicant, the Chief Justice, the Registrar of the Supreme
Court and the Director of Immigration of its determination. |
(5) Where the Bar Council is
minded to refuse the application, it shall notify the applicant pursuant to
section 12(2) of the Act and the applicant shall be required to reply within
fourteen days. |
(6) On approval of the application
the sum of seven thousand dollars shall be payable to the Association as
membership dues for such an application and shall be payable in respect of each
and every approval given, except in the case where the Office of the
Attorney-General is applying for special admission, the prescribed fee for such
approval shall be one thousand dollars. |
14.(1) The Ethics Committee shall consider
complaints against attorneys made in writing and shall notify the attorney
concerned in writing who shall respond in writing within fourteen days. | Complaints to Ethics Committee. |
(2) Failure by the attorney to
respond within the specified time may result in the Committee making a determination
without further reference to the attorney. |
(3) The Ethics Committee may after
receiving the attorney's response either - |
(a) hear parties in the matter; |
(b) request further representations. |
(4) The Ethics Committee shall
advise the complainant of the decision of the Committee. |
(regulation 3) |
FIRST SCHEDULE |
THE BAHAMAS BAR ASSOCIATION |
MEMBERSHIP DUES |
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A.
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A counsel and attorney of less than 5 years
standing at the Bar
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$250.00
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B.
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A counsel and attorney of 6 -10 years or more
standing at the Bar
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$350.00
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C.
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A counsel and attorney of 10 years and over
standing at the Bar
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$500.00
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(regulation 5) |
SECOND SCHEDULE |
THE BAHAMAS BAR ASSOCIATION |
NOTICE OF ANNUAL GENERAL MEETING |
Take Notice that pursuant to
section 6 of the Legal Profession Act, the annual general meeting shall be held
at |
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The term of office for the
following members of the Council will expire in accordance with section 4 of
the Legal Profession Act, and are (not eligible for re-election/eligible and
will offer themselves for re-election). |
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_____________________________________(Member's Name)
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_____________________________________(Member's Name)
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_____________________________________(Member's Name)
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The following members of the
Association have been proposed and seconded for election on the Council and
have consented to act if elected. |
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_________________ proposed by
_______________________
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and seconded by
_____________________________________
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It would be appreciated if this
could be done in writing to the Secretary of the Association before the meeting
so that proposals from the floor during the meeting, although perfectly in
order, may be minimized and time saved. |
You will find enclosed with this
Notice a report of the proceedings of the Bar Council in respect of the period
and a form of Proxy. |
Proxies should be posted by
registered mail to the Secretary of the Association at P.O. Box N-4632, Nassau,
The Bahamas, or delivered by hand to the Secretary prior to the commencement of
the meeting. |
(regulation 11) |
THIRD SCHEDULE |
THE BAHAMAS BAR ASSOCIATION |
PROXY |
I, , being
a financial member of The Bahamas Bar Association hereby nominate and appoint
_____________ or failing him _______________ as my proxy to vote for me and on
my behalf at the Annual General Meeting of the Bar Association to be |
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held
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on the
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day of
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A.D. 20
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and at any adjournment thereof.
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Dated : __________________________
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Signature : _______________________
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Approved the
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day of
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, 20
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Authorised Signature
Bahamas Bar Association
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Made this 20th day of January, 2004. |
Signed |
WAYNE MUNROE |
Chairman, |
The Bahamas Bar Council |
Approved the 6th day of February, 2004. |
Signed |
IVY L. DUMONT |
Governor-General |