ARRANGEMENT OF SECTIONS

SECTION

PART I
PRELIMINARY

PART II
THE BAHAMAS BAR ASSOCIATION AND THE BAR COUNCIL

PART III
COUNSEL AND ATTORNEYS

PART IV
DISCIPLINE

PART V
LEGAL EDUCATION

PART VI
ARTICLES

PART VII
POWERS OF INTERVENTION

PART VIII
LEGAL EXECUTIVES

PART IX
MISCELLANEOUS

FIRST SCHEDULE - Qualifications for Admission.

SECOND SCHEDULE - Qualifications for Admission.

THIRD SCHEDULE - Oath.

FOURTH SCHEDULE - Qualifications for Registration as Registered Associate.

FIFTH SCHEDULE - Ethics Committee.

SIXTH SCHEDULE - Disciplinary Tribunal.

CHAPTER 64

LEGAL PROFESSION

[Assent 30th June, 1992]
[Commencement 1st June, 1993]

"admit to practice" means admit to practice as counsel and attorney in the courts of The Bahamas;

"appointed day" means the date appointed under section 1;

"articles" means written articles of clerkship binding a person to serve a counsel and attorney as an articled clerk;

"Bar" means the Bar of The Bahamas;

"Bar Association" or "Association" means The Bahamas Bar Association mentioned in section 3;

"Bar Council" or "Council" means the Bar Council mentioned in section 4;

"complaint" means a complaint made to the Ethics Committee alleging conduct on the part of a counsel and attorney that is not in keeping with the standards of etiquette and professional conduct required of a counsel and attorney, and includes a complaint alleging improper conduct on the part of a registered associate or a legal executive;

"counsel and attorney" means a counsel and attorney admitted to practice under this Act;

"Court" means the Supreme Court;

"Disciplinary Tribunal" or "Tribunal" means the Disciplinary Tribunal established in accordance with section 31;

"Ethics Committee" or "Committee" means the committee established in accordance with section 30;

"legal executive" means a person whose name appears in the Register maintained under subsection (2) of section 51;

"legal public office" means any office to which Article 117 of the Constitution applies;

"Register of Associates" means the register of associates provided for in subsection (4) of section 26;

"registered associate" means a person whose name appears in the Register of Associates;

"Registrar" means the Registrar of the Court;

"Roll" means the Roll of the Court to be maintained under section 16;

"specially admitted" means specially admitted to practice under section 11;

"unqualified person" means either a person whose name does not for the time being appear on the Roll or counsel and attorney whose name is on the Roll but who is for the time being suspended from practice, but does not include-

and "qualified person" shall have a corresponding meaning.

(2) Notwithstanding subsection (1), a counsel and attorney may at any time by notice in writing to the Bar Council cease to be a member of the Bar Association.

(3) A counsel and attorney who has ceased to be a member of the Bar Association under subsection (2) is eligible for readmission in the Association subject to compliance with such conditions as the Bar Council may prescribe.

(4) The Bar Association shall in accordance with section 6 elect from among its members a President, Vice President, Secretary and Treasurer, hereinafter referred to as the "officers of the Bar Association" to hold office for a term of two years each.

(2) A member of the Bar Council is eligible for re-election or re-appointment, as the case may be, upon the expiration of his term of office.

(2) In addition to any other powers or duties conferred or imposed by this or any other Act, the Bar Council shall be responsible for-

(2) If an officer of the Bar Association vacates his office or a vacancy otherwise occurs in the membership of the Bar Council, other than by effluxion of time, the President of the Bar Association or the Vice-President, or if neither of them is able to do so the Attorney-General, shall as soon as practical summon a meeting of the Association for the purpose of electing a member to fill the vacancy.

(3) At a meeting held under subsection (1) or (2) the election shall be conducted by ballot in the prescribed manner.

(2) If within the period of thirty minutes after the time of commencement of a meeting of the Bar Association thirty members are not present, the President shall adjourn the meeting for one week, and if when the meeting is convened thirty members are not present within the thirty minute period, the members present shall constitute a quorum.

(2) At every meeting of the Bar Council the Chairman, or in his absence the Vice-Chairman, shall preside and if both the Chairman and the Vice-Chairman are absent from a meeting any other member selected by the members present shall preside.

(2) Subject to this Act, the Bar Council may make its own rules of procedure.

(2) A person shall be disqualified for admission to practice-

(2) Where upon receipt of an application made under subsection (1) the Bar Council is satisfied that the applicant is qualified to be admitted to practice or to be specially admitted, the Council shall so determine and shall give notice of its determination to the Chief Justice; but in every case where the Council is minded to refuse to make a determination the Council shall afford to the applicant an opportunity to show cause, whether by representation in writing or, if the applicant so desires, orally before the Council, why such a determination should be made.

(2) Every person upon being called to the Bar shall take before the Chief Justice the oath prescribed in the Third Schedule and shall inscribe his name in the Roll or Supplementary Roll, as the case may be.

(2) The Attorney-General, after consultation with the Chief Justice, the President of the Bar Association and such other persons as the Attorney-General sees fit, may recommend to the Prime Minister the appointment of the applicant.

(3) Upon receipt of a recommendation from the Attorney-General the Prime Minister may advise the Governor-General to appoint the applicant as one of Her Majesty's Counsel.

(4) Every counsel and attorney who is immediately before the appointed day or who thereafter is appointed a Queen's Counsel shall be a member of the Inner Bar and entitled to use the suffix Q.C. immediately after his respective family name.

(2) The Registrar shall create and maintain in the Roll a part wherein is entered the counsel and attorneys who have been accorded the rank of Queen's Counsel in accordance with this Act.

(2) Notwithstanding subsection (1), a person who is specially admitted is only entitled to practice for the purpose of the particular proceedings in respect of which he was specially admitted.

(3) A counsel and attorney may, subject to this Act, sue for and recover the fees and expenses in respect of services rendered as counsel and attorney.

(2) A certificate, signed by the counsel and attorney in whose chambers a person to whom this section applies has served as a pupil in accordance with subsection (1) and certifying that the person named therein has completed the term of pupillage required under subsection (1), shall be deposited with the Registrar, and the Registrar shall note in the Roll, opposite to the name of the person therein inscribed, such particulars of the certificate as the Chief Justice may direct.

(3) This section applies to any person who is called to the Bar by virtue of any qualification specified in Part A or Part B of the First Schedule other than-

(2) Any person contravening this section is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months.

(2) Subsection (1) shall not apply to-

(3) Nothing in subsection (1) shall be construed as preventing a person in the regular employment of a counsel and attorney from preparing, in the course of that employment and under the supervision of the counsel and attorney, any instrument that is required by the counsel and attorney and for which the counsel and attorney assumes responsibility.

(4) In this section the expression "instrument" does not include-

(2) Nothing in subsection (1) shall be construed as preventing a person in the regular employment of a counsel and attorney from preparing, in the course of that employment and under the supervision of the counsel and attorney, any instrument that is required by the counsel and attorney and for which the counsel and attorney assumes responsibility.

(2) A person may not be registered as an associate under this section unless he is qualified in accordance with the Fourth Schedule and produces to the Registrar the statement required by subsection (3).

(3) A person shall be registered as an associate under this section upon application being made to the Registrar by the counsel and attorney by whom he is employed, accompanied by a certificate from a competent authority evidencing the qualifications of that person and a statement by the counsel and attorney that to the best of his knowledge and belief that person would not be disqualified for admission to practice under paragraph (a) or (b) of subsection (2) of section 10 were he applying for such admission.

(4) Upon receipt of the application the Registrar shall enter the name of the counsel and attorney making the application and the name and qualifications of the person in respect of whom the application is made in a register to be known as the Register of Associates.

(2) Any instrument prepared by a registered associate shall bear the name of the registered associate preparing it and the name of the counsel and attorney by whom the registered associate is employed.

(2) The provisions of the Fifth Schedule shall have effect as to the constitution of the Ethics Committee and otherwise in relation thereto.

(2) The Secretary to the Association or any other person employed by the Association for the purpose shall perform the duties of secretary to the Tribunal.

(3) The provisions of the Sixth Schedule shall have effect as to the constitution of the Disciplinary Tribunal and otherwise in relation thereto.

(2) An application for an order under subsection (1) (hereinafter referred to as a restraint order) may be made on an ex parte application to a judge in chambers and the order shall provide for notice to be given to persons affected by the order.

(3) A restraint order-

(2) For the purposes of this section, a charging order is an order made under subsection (1) imposing on monies standing to the credit of an account in the name of a counsel and attorney at a financial institution a charge for securing the payment of a sum to a person who is or was a client of that counsel and attorney in consequence of a finding by the Disciplinary Tribunal of misconduct on the part of the counsel and attorney in a matter undertaken by him on behalf of that person.

(3) A charging order may be made only on an application on behalf of the Bar Council and may be made on an ex parte application to a judge in chambers.

(4) The Court may make an order discharging or varying the charging order and shall make an order discharging the charging order if the amount, payment of which is secured by the charge, is paid into Court.

(2) The Court may at the time of the making of a restraint order or during its duration appoint a receiver to manage or otherwise deal with, in accordance with the directions of the Court, monies affected by the order.

(3) The Court may appoint a receiver to take possession of any property in the possession of or under the control of the counsel and attorney or former counsel and attorney for the purpose of preserving, carrying on or winding up the practice of that attorney.

(4) A receiver appointed under subsection (2) or (3) shall in respect of any trust property of the counsel and attorney be the trustee thereof in place of the counsel and attorney where the position of the latter in relation to the trust property came into being in the course of the carrying on of his practice.

(5) The Court may upon application made to it vary, discharge or give any directions in the carrying out of an order made under subsection (2) or (3) as the Court sees fit.

(6) A judge may in any order under this section make provision for the remuneration, disbursement and indemnification of the receiver out of such monies or otherwise as he may specify.

(2) In the carrying out of their respective functions the Disciplinary Tribunal and the Ethics Committee shall have those powers exercisable by a judge of the Court in relation to the summoning and examination of witnesses and of parties and the production of books and documents.

(3) If the person whose conduct is being investigated fails to appear in answer to a notice issued by the Disciplinary Tribunal or the Ethics Committee in respect of the time and place for the hearing of a complaint or at the time and place of an adjournment thereof, the Disciplinary Tribunal or the Ethics Committee, as the case may be, if it is satisfied that there is no reasonable excuse for the failure to appear, may proceed with the hearing of the complaint in the absence of that person.

(4) A hearing of a complaint and every application relating to a complaint by the Disciplinary Tribunal or the Ethics Committee shall be heard in private, but if the person whose conduct is being investigated requests otherwise by a notice in writing delivered to the Secretary to the Tribunal or the Ethics Committee, as the case may be, before the day fixed for the hearing, the Disciplinary Tribunal or the Committee shall conduct the hearing in public.

(5) After the hearing of a complaint the decision of the Disciplinary Tribunal shall be pronounced in public.

(6) A hearing of a complaint may be adjourned at any time.

(7) A person whose conduct is being investigated, if present in person at the hearing, has the right to be represented by counsel, to adduce evidence and to make submissions, and any such person may be compelled to attend and give evidence but the person shall be advised of his right to object to answer any question or produce any document by reason that the answer to the question or the production of the document would tend to be self-incriminating in respect of a criminal offence.

(8) The Disciplinary Tribunal or the Ethics Committee may proceed with the hearing of a complaint notwithstanding that the complainant is absent or is no longer desirous of proceeding where the Tribunal or the Committee, as the case may be, considers the improper conduct alleged in the complaint is of such a nature or frequency that it is in the interest of the legal profession to do so.

the Chairman of the Disciplinary Tribunal or the Ethics Committee, as the case may be, may certify the offence of that person under his hand to the Court.

(2) Where an offence is certified to it under subsection (1), the Court may inquire into the alleged offence and, after hearing any witness who may be produced against or on behalf of the person charged with the offence and any statement that may be offered in defence, may punish or take steps for the punishment of that person as if the person had been guilty of contempt in the Court.

(3) In the case of the Disciplinary Tribunal, the Chairman of the Disciplinary Tribunal may proceed to deal with an offence as one occurring before a judge of the Court in lieu of certifying the offence under subsection (1).

(4) Subject to section 36, any person appearing before the Disciplinary Tribunal or the Ethics Committee in answer to a complaint and any witness appearing thereat together with their respective representatives shall be entitled to the same immunities and privileges as are parties, witnesses and representatives in civil proceedings before a Court.

(5) Any document required by the Disciplinary Tribunal or the Ethics Committee to be served upon a person for the hearing of a complaint shall be served personally upon that person or by mailing a copy thereof by registered mail to the person at his last known address.

(2) Compensation to be paid under paragraph (d) of subsection (1) shall be of such amount as the Disciplinary Tribunal considers appropriate having regard to-

(2) Every such order shall take effect when filed with the Registrar, and shall be so filed-

and shall thereupon be acted and be enforceable in the same manner as a judgment or order of the Court to the like effect.

(3) The Registrar shall cause a note of the effect of every order filed with him pursuant to subsection (2) to be entered-

against the name of the counsel and attorney, registered associate or legal executive to whom the order relates and, except in the case of an order making provision only for costs, shall upon the filing of the order cause a notice stating the effect of the order to be published in the Gazette.

(2) Upon receipt of notice of a determination made by the Council under subsection (1) in relation to any person, the Registrar shall cause the name of that person to be restored to the Roll.

and any such regulations may make different provision in respect of different classes of persons.

(2) Until regulations otherwise providing are made by the Council under paragraph (b) of subsection (1), the period of articles shall be eighteen months in the case of a person mentioned in paragraph (a) of Part C of the First Schedule.

(2) A counsel and attorney shall not take into service as an articled clerk any person who does not possess the minimum qualifications prescribed under paragraph (a) of subsection (1) of section 43 for admission to service under articles.

(3) A counsel and attorney shall not, without the approval of the Bar Council, have in his service more than two articled clerks at the same time.

(4) A person who has ceased to practice as a counsel and attorney shall not take or retain or purport to take or retain in his service any other person as an articled clerk.

(5) If any person takes or has in his service any articled clerk is contravention of this section; the Bar Council may of its own motion discharge the articles of that clerk upon such terms, including terms as to the return of any premium, as the Bar Council thinks fit.

(2) Where an approval is given by the Bar Council under subsection (1), an articled clerk shall be for all purposes the articled clerk of the counsel and attorney to whom he has been transferred and the written articles of clerkship under which he was serving immediately before the approval shall, subject to any modifications made therein by the Council, continue to have effect as though the counsel and attorney to whom the articled clerk has been transferred had originally been a party thereto.

(2) The Court, on the application of the Bar Council, may order-

(3) No order under subsection (2) shall take effect in relation to any person to whom it applies unless the Bar Council has served a copy of the order on that person (whether or not the person is named in it) and in the case of a bank, has indicated at which of its branches the Bar Council believes that the money to which the order relates is held.

(4) A person shall not be treated as having disobeyed an order under subsection (2) by making a payment of money if that person satisfies the Court that he exercised reasonable care to ascertain whether it was money to which the order related but nevertheless failed to ascertain that the order related to it.

(5) Within 14 days of the service under subsection (3) of a copy of an order the person on whom it is served may apply to the Court for a variation or revocation of the order.

(6) If the Bar Council takes possession of any money to which an order under subsection (2) applies, the Bar Council shall pay it into a special account in the name of the Bar Council on trust for the persons beneficially entitled to it.

(7) A bank at which a special account is kept shall be under no obligation to ascertain whether that account is being dealt with properly.

(8) Without prejudice to the foregoing provisions of this section if the Court is satisfied, on an application by the Bar Council, that there is reason to suspect that any person holds money on behalf of a counsel or attorney in respect of whom the powers under this section are exercisable, the Court may require that person to give to the Bar Council information as to any money and the accounts in which it is held.

(2) Except in a case where an application has been made to the Court under subsection (5) of section 47 any person in possession of any documents referred to in subsection (1) who fails to comply with a requirement under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars.

(3) The Court, on the application of the Bar Council, may order a person required to produce or deliver documents under subsection (1) to produce or deliver them to any person appointed by the Bar Council at such time or place as may be specified in the order and authorise that person to take possession of the documents on behalf of the Bar Council.

(4) If on an application by the Bar Council the Court is satisfied that there is reason to suspect that documents in relation to which the powers conferred by subsection (1) are exercisable have come into the possession of some person other than the counsel and attorney or his firm, the Court may order that person to produce or deliver the documents to any person appointed by the Bar Council at such time and place as may be specified in the order and authorise him to take possession of the documents on behalf of the Bar Council.

(5) On making an order under this section or at any later time, the Court, on the application of the Bar Council may authorise any person appointed by the Bar Council to enter any premises (using such force as is reasonably necessary) to search for and take possession of any documents to which the order relates.

(6) The Bar Council, on taking possession of any documents under this section, shall serve a notice upon the counsel and attorney or his personal representatives and upon any other person from whom the documents were received on the Bar Council's behalf or from whose premises the documents were taken on the date specified in the notice.

(7) A person upon whom a notice under subsection (6) is served, on giving not less than two clear days notice to the Bar Council, may apply to the Court for an order directing the Bar Council to withdraw the notice. A notice under this subsection shall be given within eight days of the service of the Bar Council's notice under subsection (6).

(8) Without prejudice to this section, the Bar Council may apply to the Court for an order as to the disposal or destruction of any documents in its possession by virtue of this section.

(2) An application to the Court under sections 47 and 48 may be heard in Chambers.

(3) Subject to any order for the payment of costs that may be made on an application to the Court under sections 47 and 48, any costs incurred by the Bar Council for the purpose of those sections, including, without prejudice to the generality of this subsection, the costs of any person exercising powers under sections 47 and 48 on behalf of the Bar Council, shall be paid by the counsel and attorney or his personal representatives and shall be recoverable from him or them as a debt owing to the Bar Council.

(2) A person shall not hold himself out as employed or be employed as a legal executive unless his name is on record at the time in the Register of Legal Executives.

(3) A person shall be registered as a legal executive upon application being made to the Registrar in the prescribed manner for registration by the counsel and attorney by whom the legal executive is employed and the Registrar, on being satisfied that the person satisfies the prescribed qualifications, shall on payment of the prescribed fee enter the name of the person in the Register of Legal Executives.

(4) Any person who contravenes subsection (2) is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars or imprisonment for a term not exceeding three years or to both such fine and imprisonment.

may appeal on that account to the Court of Appeal; and in relation to every such appeal section 9 of the Court of Appeal Act shall mutatis mutandis apply as if the matter in respect of which the appeal is brought were a judgment or order of the Court.

(2) No further appeal shall lie from the decision of the Court of Appeal on an appeal made under this section.

(2) The provisions of section 31 of the Interpretation and General Clauses Act shall not apply in relation to any order made by the Governor-General under subsection (1), but instead every such order shall be subject to affirmative resolution of both Houses of Parliament.

(3) In subsection (2) the expression "subject to affirmative resolution of both Houses of Parliament" in relation to an order means that any such order is not to come into operation unless and until approved by a resolution of each House of Parliament.

QUALIFICATIONS FOR ADMISSION

A person is qualified for admission to practice under this Part of this Schedule if-

A person is qualified for admission to practice under this Part of this Schedule if he has been awarded a Legal Education Certificate by the Council of Legal Education of the West Indies.

A person is qualified for admission to practice under this Part of this Schedule if he-

QUALIFICATIONS FOR ADMISSION

OATH

The following oath shall be taken by a person upon admission to practice, that is to say-

"I, ................................................................................................. do swear that I will truly and honestly demean myself as counsel and attorney of the Supreme Court in that and every other court in which I shall practice in The Bahamas. So help me God."

QUALIFICATIONS FOR REGISTRATION AS REGISTERED ASSOCIATE

A person is qualified for registration as an associate in accordance with this Schedule if he has been called to the Bar or admitted to practice as a barrister or a solicitor or as an attorney-at-law before a court of unlimited jurisdiction in any country whether within or without the Commonwealth and, under the provisions of any enactment for the time being in force regulating the right to engage in gainful occupation or to be employed in The Bahamas, may lawfully be employed to perform the functions allowed to a registered associate under this Act.

ETHICS COMMITTEE

1. The Bar Council shall at its first meeting or no later than the month of February following upon the election of its members, which ever is the earlier, proceed to constitute the Ethics Committee by appointing to the Committee five members of the Bar Association of not less than five years standing at the Bar.

2. The names of the members of the Ethics Committee shall be notified to the Registrar of the Supreme Court.

3. The appointments of members of the Ethics Committee shall expire upon the next election of members of the Bar Council following upon the appointments.

4. The members of the Ethics Committee may appoint a Chairman from among themselves.

5. A quorum of the Ethics Committee shall be three.

6. Notwithstanding that the term of office of members of the Ethics Committee may have expired, any act or thing lawfully done by those members in respect of a complaint shall not be prejudiced by that expiration and where the hearing of a complaint in which evidence was taken before those members was pending at the time of the expiration, the members may thereafter continue to exercise in respect of that complaint all the powers of the Committee to enable the conclusion of the hearing by it of that complaint.

DISCIPLINARY TRIBUNAL

1. The Disciplinary Tribunal shall consist of-

2. The members of the Disciplinary Tribunal may resolve themselves to sit in two divisions except that each division when hearing a complaint shall consist of-

and for all purposes any division shall be deemed to be the Disciplinary Tribunal.

3. A member of the Tribunal appointed under subparagraph (b) or (c) of paragraph 1 shall subject to any prior resignation or revocation and without prejudice to any reappointment hold office for the period ending 31st December of the year following that in which he was appointed or such shorter period as may be specified in his letter of appointment.

4. Notwithstanding paragraph 3 and save in the case of a resignation or revocation, the Chairman of the Tribunal may allow a person to continue to act as a member of the Tribunal for the purpose of enabling the completion of the hearing of a complaint in which evidence was taken before the period of his appointment expired where the Chairman considers it is in the interest of the legal profession to do so.

5. Subject to the provisions of this Act the Disciplinary Tribunal may regulate its own procedure.