In the last term of the Dominica Freedom Party (DFP) administration (1990-1995), a draft Legal Profession Bill (LPB) was circulated for consideration. Nothing came out of it in the same way that little has been achieved in Dominica since the Freedom Party joined with the Labour Party to oust the progressive United Workers Party from office in 2000. As is the case with the construction of an international airport and electoral reform, very little has been done by the DLP administration to ensure the passage of the LPB into law. Hence, the hope of Sir Brian Alleyne as expressed in 2013 that we do not have to wait another 20 years for the provisions of the draft Bill to become law in Dominica.
In September 2010, the LPB was tabled in parliament by the then Attorney General (AG) Ms. Francine Baron-Royer with the aim of providing a code of ethics to govern the practice of attorneys in Dominica and an enforceable legal framework for their disciplining. According to AG Baron, the Bill was being introduced at a time when the integrity and confidence in lawyers and the legal system in Dominica have been severely eroded. She noted that “great reliance and trust is placed in lawyers, who play an important role in defending the rights of and looking after the interests of their clients. However, the confidence of the public has been shaken. Their belief of the public in the integrity of lawyers has been eroded and the lack of accountability has been derided.” Ms. Baron-Royer advised that in any profession, organization or grouping that interfaces with the public, there’s always great merit in having regulations, rules and dispute mechanisms so that members of the body and the general public are aware of the standards that are expected, the limitations that exist, and the means by which disputes or complaints can be settled. At the time, Mr. Levi Peters- the current AG supported the passage of the Bill into law, convinced as he was then, that the Act would “make some contribution to further structuring the legal profession.”
In 2011, during the opening of new law year, the former president of the Bar Association, Ms. Wynant Adrian Roberts-now a high court judge in Dominica called on the authorities to speed up the passage of the LPA. Like many before her, the benefits of passing the Act were highlighted. In the same year, while addressing the official opening of the first free law fair at the UWI Open Campus, the president of Dominica Dr. Nicholas Liverpool (deceased) called on legal professionals to encourage the DLP administration to pass the LPA. He noted that there were too many complaints being made against the some lawyers, without the legislative machinery to allow for disciplinary action to be taken against them. At the same function, the then Minister of Legal Affairs, Hon. Ian Douglas lamented the lack of public trust in legal professionals, which he surmised should be regained.
In 2012, the president of the OECS Bar Association said that efforts will be made to have the LPA implemented. He bemoaned the fact that the Act had not been passed in jurisdictions like Dominica and this was concerning to the regional body. He referenced the persuasive ‘Code of ethics’ for lawyers of the 1990’s, which while persuasive lacks legal teeth. He joined the choir of concern over what appeared to be ‘foot dragging’ by the government on the matter.
In June 2013, retired Justice Sir Brian Alleyne gave support for the passage of the LPA while expressing disappointment in what he described as the ‘dishonorable conduct’ by some members of the legal profession in Dominica. It appeared to the upright retired justice that a small minority of legal practitioners “is destroying the reputation of the entire profession, which used to be referred to as an honorable profession. He expressed fear that in some circles today, it is not considered to be either honorable or professional, while lamenting the fact that too often “we hear of dishonorable conduct, in particular inter-meddling in client’s funds by members of the profession.
In September 2014, like clockwork the headline read, “All Lawyers want the Legal Profession Act.” Every speaker at the opening of the new law year mentioned the long pending LPA which has been outstanding for more than 30 years. President of the Bar, Ms. Roberts hoped that the Act would finally become a reality.
Another year passed and in September 2015, while addressing the opening of the new Law Year, AG Levi Peter announced that new pieces of legislations, and various amendments to existing legislation would soon find their way to the country’s statute books. Mr. Peter identified four specific Bills targeted to be passed in law namely, the Money Laundering Act, Proceeds of Crime Act, Bail Act and the Legal Profession Act. According to AG Levi Peter, these pieces of legislation are in various phrases of consideration but have ‘been knocking around for a long time…far too long.’ He gave the assurance that these pieces of legislations would be passed by Christmas 2015. He encouraged all those involved in the process to ensure that those pieces of legislation are taken forward.
Three years later, in November 2018, the president of the Bar Association, Ms. Mary Roberts stated at a press conference that DBA members are “ready” for the full implementation of the LPA and they were looking forward to its passage as the Bill is an OECS initiative with which the DBA has no problems. Ms. Roberts advised that the DBA has provided feedback to the relevant authorities and it was awaiting full passage and implementation of the Act.
In January 2020, at the opening of another Law year, the same Attorney General, who called for the passage of the LPA when he was the president of the Bar Association presides over the continuing delay over the passage of the LPA. The same AG, who called on local lawyers to give a greater commitment to their clients; the same AG, who beseeched local practitioners to help improve the justice system by reducing the inordinate delays in court matters and ensuring that the best assistance is given to clients; the same AG, who is now urging members of the Bar Association to ensure that they undertake all matters with utmost diligence and professionalism to minimize delays in the court system. No wonder that the Bar Association has repeatedly expressed the view that the DLP administration continue to demonstrate a complete lack of respect towards the local Bar Association.
Generally, there is a sense that professionals in Dominica need to be more independent-minded and motivated by the principles of honesty and patriotism in defending the integrity of their respective professions and the good name of Dominica. This is even truer with respect to the legal profession. Evidently, the DLP government has only pretended to have an interest in having the LPA become law, when it thought it could have utilized the provisions of the Act as a political tool to go after the former leader of the UWP, Attorney Earl Williams.
It is in light of the above, among other reasons, that Dominicans generally welcome the formation of the Committee of Concerned Lawyers (CCL) and hopeful that this new body will be more aggressive, albeit working closely with the official Bar Association in advocating and pressuring the office of Attorney General and by extension the DLP administration to ensure the passage of the Legal Profession Bill into law. The CCL claims to have a very broad mission, which includes inter alia the education of its members, the encouragement of collegiality, the maintenance of cooperation between its members and the judiciary, the promotion of the honour and dignity of the legal profession, the fostering of the highest professional standards of integrity, honour and courtesy in the legal profession, and the advancement of the fair and effective administration of justice in Dominica for all.
The passage of the LPA must be part of the objective of the CCL as it is a comprehensive legislative framework to guide the practice and conduct of lawyers in Dominica, especially to hold rogue lawyers to account as it seems to have been the paramount intent of former AG Francine Baron when the Bill was first read in parliament. Dominicans have witnessed our local lawyers engaged in a half-hearted protest walk in Roseau to complain about their working conditions. Recently, a delegation of members of the Bar Association met with the Prime Minister to discuss his autocratic slashing of legal fees related to property transfer, which suggest that when it concerns the welfare of our lawyers, they are prepared to act. Therefore, it is hoped that they can come together to apply pressure on the Skerrit-led DLP administration to ensure the passage of the LPA.