LATT proposes continuous

Lawyers may soon be required to complete continuous training in order to continue to practise.

The proposed requirement was announced by Law Association of T&T (LATT) president Lynette Seebaran-Suite, SC, during the opening of the association’s inaugural Law Conference Programme at the Hyatt Regency Hotel in Port-of-Spain yesterday.

Announcing the association’s ongoing initiatives to scores of its members present, Seebaran-Suite explained that it (the association) was advocating for the requirement, as well as changes to the payment system for the annual fee for practising certificates.

Currently, under the Legal Profession Act (LPA), the fee is paid to the association through the Supreme Court Registrar.

Stating that the association planned to continue discussions over both issues with Attorney General Reginald Armour during the remaining months of the year, Seebaran-Suite said, “We have low-hanging fruit to pick together with the passage of amendments to the legal profession act to introduce compulsory legal education and to relieve the registrar from collecting our fees. We want to collect our own fees.”

Armour, who addressed the conference after Seebaran-Suite, expressed his support for the moves and promised to pilot an amendment to the legislation in Parliament.

Armour pointed out that the continuous training requirement had already been successfully implemented in other Caribbean countries.

“To take the example out of Jamaica, at the end of every new law term when one goes to practice and gets their practising certificate, one does not only pay one’s fees but you have to demonstrate by the number of hours you committed to continuous legal education as a key qualification to continue to practice law,” Armour said.

Praising the association for hosting the conference, which he expressed hope would be an annual fixture, Armour suggested that attendance to it could be counted as part of continuous training.

“I hope it is going to serve as a signal point from which T&T, the legal profession and the public would benefit from,” he said.

Chief Justice Ivor Archie also praised the move, as he noted that a similar initiative was introduced for judicial officers over two decades ago.

“The leadership of the Law Association is to be commended for its vision and commitment to the promotion of professional excellence through continuing legal education,” he said.

Archie called on legal professionals to embrace the change.

“The truth is, no professional, whether you are an engineer, doctor or engaged in any other specialised discipline, can claim to be relevant or the top of their game without constant updating of your knowledge base and competencies,” Archie said.

While he suggested the move could help lawyers earn more, he noted that it would also improve public perception of the legal profession.

“We also owe it to the clientèle we serve and to the public at large to provide the best advice and representation. This ultimately attracts respect for and ultimately confidence in the legal profession and the administration of justice,” he said.

The keynote speaker at the event was Jamaican law professor Tracy Robinson, from the University of the West Indies Mona campus.

Robinson, an expert in regional constitutional law, delivered a comprehensive analysis of the unique Bill of Rights in this country’s Constitution, and litigation over its application since the country gained Independence in 1962.

Attorneys Ravi Heffes-Doon and Joshua Hamlet made a presentation calling for reform in advertising rules for attorneys.

Under the Code of Ethics in the LPA, attorneys are prohibited from advertising their services.

Giving a historical perspective on the prohibition, Heffes-Doon noted that it was first discussed after outspoken Senior Counsel Israel Khan advertised in a newspaper shortly after being called to the bar.

It was eventually implemented when the LPA was passed by Parliament in 1986.

While he noted that the prohibition was based on a United Kingdom legal provision, he pointed out that the law was subsequently changed in that country.

“The blanket prohibition on all advertising is not reasonably justifiable in a country that has respect for constitutional rights and freedoms, including, and most importantly, the rights of consumers to receive accurate information on goods and services,” Heffes-Doon said.

“The rule prohibits attorneys from imparting useful information that does not detract from the ideals of professionalism, and prevents the circulation of information about attorneys and their services,” he added.

The position advocated by Heffes-Doon was supported by Independent Senator Anthony Vieira, SC, who moderated the session.

Khan, who serves as President of the Criminal Bar Association (CBA), made a presentation on the abolition of jury trials.

Currently, people accused of indictable offences can choose whether they wish to be tried by a judge and jury or a judge alone. (See page 21)

“Trial by jury is not causing delay or injustice. As a matter of fact, it is easier to bribe a judge than 12 people,” Khan said.

He did say that he supported judge-alone trials in complex fraud cases, where judges could be assisted by accountants and financial experts.

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