Legal Profession Act 1997

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No. 9 of 1997. The Legal Profession Act 1997. 1 ANTIGUA
AND

BARBUDA

[ L.S. 1

I Assent,

J-ph Myers,
Governor-General's Deputy.

11 th March. 1997.

ANTIGUA AND BARBUDA

No. 9 of 1997

An Act to provide for ?he complete fusion of the branches of the
legal profession, for the legal education and hscipline of
attorneys-at-law, and for purposes connected therewith.

[ 12th June, I997 ]

ENACED by the Parliament of Antigua and Barbuda as
follows -

Part I

1. This Act may be cited as the Legal Profession Act 1997. Short title.

2. (1) In this Act - Interpretation.

"attmey-at-law" means a pxsoin whose name is entered
nn the Roll in accc~sb~ce wnkh this Act;

ANTIGUA 2 The k g a l Profession Act 1997. No. 9 of 1997.
AND

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"Caribbean Legal Education Agreement" or "the Agree-
ment" means the Agreement and the protocols thereto
between certain territories of the Caribbean establishing a
system of Legal Education, to which Antigua and Barbuda
is a party;

"client" includes -

(a) in relation to contentious business any gerson who as
a principal or on behalf of another person retains or
employs an attorney-at-law and any person who is or
may be liable to pay to an attorney-at-law costs for
such business;

(b) in relation to non-contentious business, any person
who as a principal or on behalf of mother as a trustee
or executor or in any other capacity, has power,
expressed or impbed to retain or employ and retains
or employs or is about to retain or employ an
attorney-at-law and any person for the time being
W l e to gay to an attorney-at-law costs for such
business;

''costs" includes fees for any legal business done by an
attorney-at-law;

'Yees" includes remunmtion, charges and disbursement;

"Law Council" m a s the Law Council of Antigua and
Barbuda established by W o n 3;

"%icenee fee" m m s the licenshg fees payable pufsmr a
d m 3 sEeslne bus^ Licence Act 1994;

" means p m t k as a banister or solicitor or
-&-law, or un&rtakhg or performing the

functions of a W s t e r or sctlicitor or attorney-at-law, as
recognised by my law whether before or after the com-
mencement d this Acg

"Wla&-Ce**' acertiflcateissueit p m w t
to Plmrt and "valid practising certificate9* mem a pm-
tising &&ate wBich is in force',

No. 9 of 1997. The Legal Profession Act 1997. 3 ANTIGUA
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"Roll" means the register of attorneys-at-law maintained
by the Registrar pursuant to section 4.

(2) Any reference (however expressed) in any enactment or
any document having legal effect to a bamster or solicitor as

,respects the conferring of any right or privilege, the performance
of any function or in relation to-the qualification for appointment
to any office shall from and after the commencement of this Act
be deemed to include reference to an attorney-at-law.

(3) For the purposes of any enactment whereby the qualifica-
tion of an attorney-at-law for holding any office &pends upon his
having been a barrister or a solicitor for a specified period, the
number of years during which he was previously a barrister or
solicitor or registered under any enactment relating to the regis-
tration of barrister or solicitor, as the case may be, shall be treated
as part of the period of his enrolment as an attorney-at-law.

PART II

LAW COUNCIL

3. (1) There is hereby established a council to be known as the Establishment of
Law Council of Antigua and Barbuda which shall exercise and Law Council.
perform such functions, duties and powers as a e imposed or
conferred upon it by this Ace or any other enactment.

(2) The Law Councl shall be constituted in accordance with
the F i t Schedule.

PART UI

Admission, Emlment and Status

4. (1) The Regism shall maintain a register of attorneys-at- Roll of Attorney-
law to be known as the Roll on which he shall cause to be
registered the name of every person entitled to practise law under
section 5 or admitted and entitled to practise law under section 6,
together with the following particulars in'respect ~f each such
person -

(a) his full name and address;

( the date of his admission to practise law;

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Regiseation of
persons entitled to
prrctiseimmedi-
atety b e f a this
Ad.

4 l%e Legal Profession Act 1997. No. 9 of 1997.

(c) a description and date of the qualifications in respect
of which he has been admitted to practise law.

(2) The Roll shall at all reasonable times be open to inspection
at the Registry of the High Court.

(3) The Registrar shall -

(a) make such alterations in the particulars registered on
the Roll as are necessary; and

(b) remove from the Roll the name of any attomey-at-
law who is deceased or no longer entitled to practise
law.

5. (1) The Registrar shall as soon as possible after the
commencement of this Act, cause to be registered on the Roll the
particulars specified in paragraphs (a) to (c) of section 4 (1)' of
every person to whom this section applies and who is known to
him, witbout application or the payment of a fee for registration,
and every person to whom this section applies shall be deemed on
regismtion on the Roll to be an attorney-at-law.

(2) This section applies to any person whose name immedi-
ately before the commencement of this Act was registered in the
Banisters' Register under the Eastern Caribbean Supreme Cow
Act, or entered in the Solicitors' Roll under that Act, or by virtue
of the Council of Legal Education Act (Cap. 1 14) as the case may
be; or

(3) For the purpose ofthis sectioo, the particulars of paragraph
(b) of section 4 (1) to be xegistered by the Registrar in accordance
with subsation (1) shall be in the case of aprson mentioned in
saebsectioa (2) the date at which tbe person became qualified to
piactisG ss a Banister or Soliciror.

6. (1) A person who after the commencement of this Act
applies to the High Court to be admitted to practise law, and who
satisfies the court that -

(a) he is

(i) a citkku of Antigua and Barbuda; or

No. 9 of 1997. The Legal Profession Act 1997. 5 ANTIGUA
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(i) a citizen of a munay specified in the Second Second s&m.
Schedule in which there is a law in force
amferring the status of citizenship of that
country* or

(iii) regarded as belonging to a country specifiedin
the Second Schedule under any law in force in
that country; and

(b) behasattahedtheageof21years;

(c) he has obtained the prescribed q&ications for
-on to pswtise under section 3 of the Council
of Legal Education Agreement (which gives the
force of law to Article 5 of the Agreement); and

(d) he is of good character, shall upon compliance with
the requirements of this Act and, unless that person
is exempt therefrom, on payment to the Registrar of
the sum of five hundred dollars as the fee for regis-
tration, be entitled to be admitted by order of the court
to practise law.

(2) An appgal lies to the Court of Appeal from an order of the
Egb ewrt refusing an application made under this section.

(3) Rules of Court may prescribe the practice and procedure
to be fdlowed in relation to applications and appeals under this
section.

7. (1) The Minister may by Order provide that, subject to sxh Eligibility of non-
exceptions, conditions and moc&3cations as he may specify, a citiza wh2has
citizen or national of a country to which this section applies who F d
has obtahed the qmcations prescribed by law shatl be eligible ,dificetions to be
to be admitted by the High Court to practise law in Antigua and admitted as an
Barbuda. attorney-at-law.

(2) 'Ibis section applies to the country if tbe Minister after
consultation with the Chief justice is satisfied -

(a) that the law of that country relating to the admission
of legal practitioners to practise law in a superior
court of jurisdictim in that country is such as to
ensurethatacitizenof AntiguaandBarbuda, who has

ANTIGUA 6 The Legal Profession Act 1997. Na. 9 of 1997.
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obtained the qualifications and satisfied the condi-
tions which would entitle a citizen or a national of
that country to be admitted to practise as a legal
practitioner in that country is entitled, or would if an
Order were made under this subsection be or become
entitled to -ssion as a legal practitioner of the
superior courts of jurisdiction of that country; and

(b) that such entitlement to admission wouldbe on terms
as favourable as those which citizens or nationals of
that country would, if an Order were made under this
subsection, be or become entitled to admission as
attorneys-at-law in Antigua and Barbuda.

(3) A person shall be eligible to be admitted to practise law
under subsection (1) only upon satisfying the court of his quali-
fications and good character and upon payment of the prescribed
fees.

(4) Every person admitted by the I Q h Court under the
authority of an Order made under subsection (1) shall be deemed
to have been duly admitted to practise law under this Act, and his
name shall be registered forthwith on the Roll by the Registrar.

(5) For the purposes of thrs section the expression "national"
means, in the case of a country where there is no law in force
conferring citizenship of that country, a person who is regarded
as belonging to that country under any law in force in that country.

Savingofenactment 8. Nothing in this Act affects any enactment relating to the
restricting persogn $wing of restrictions on any person, not being a citizen of
other than citizens
of Antigua Antigua and Batbuda, entering, leaving, residing, or workng in
and Barbuda. Antigua and Barbuda.

Oath of Attorney- 9. Evny person, on being admitted to practise law, shall take
at-law. the following oath -

"I do sweariaffm that I will truly and
honestly conduct myself in the practice of law as an attorney-at-
law according to the best of my knowledge i d ability md the
laws of Antigua and Barbuda."

No. 9 of 1997. The Legal Profession Act 1997. 7 ANTIGUA
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Every person whose name h entered on the Roll in Status of attorney-
accordance with &is Act shall be known as an attorney-at-law &-law.

and -

(a) subject to section 1 9 is entitled to practise law m d to
sue for and recover his fees for services rendered in
that respect;

(b) is an officer of the Supreme Corn

(c) subject to section I1 has the right of audience before
any court;

(d) e x q t where engaged as an advocate in any court, is
subject to liib'iity in respect of negligence in a
pfessional capacity.

11. (1) Subject to any other enacment to the contrary, no fixtising
person may practise hvi unless he is b e holder of a valid Certificate.
Practising Certificate.

(2) A person who practises law in contravention of subsection
(1) h not entitled to maintain any action for the recovery of any
fee on! account of or in relation to any legal business done by hi
in the course of swh practice.

12 (1) %trgectto clhepVi$iOQs of this Section, every attorney- Adminkration of
at-law of seven yea^ smding who holds a Practising Certificate mh and ung of

affidavit. which is in f m W h a ~ e the powers confedon commission- w.
ers for oaths by the Caratlaissiomr for Oaehs Act and section 33 410,
of the Stamp Act; any refmce to such a commissioner in an
mmment or h s (including an enactment g d or
i n s w t n t made e cxmmencement of this Act) shall
k t & a refemice to such an y-at-hw dess the context
of- requiz=;

92) An ammey-at-law &dl notexercise the powers conferred
by shis a t i o n in a hg in which Be is attorney-at-law to
aayofhparties,mb whichheisinteresd.

3) h & m y - i - h w hefm whom my cath or a h v i t is
,+a or nn& shall state in tlae jurat or attesaaion at which glace
24 rn ~ W i m date oath or affi&vit is taka3 %T made*

ANTIGUA
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Cap. 90.

Name and a d b s
of attorney-at-law
tobenotedon
documents.

Annual
regisrration.

8 The &gal Profession Act 1997. No. 9 of 1997.

(4) A document containing such a statement andpuqxxthg to
be sealed or signed by an attorney-at-law shall be admitted in
evidence without proof that he is an attorney-at-law or that he
holds a Practising Certificate which is in force.

(5) Nothing in this section shall affect the power to appoint
commissioners under the Commissioners for Oaths Act.

(6) Any attorney-at-law who conmvenes the provisions of this
section is guilty of professional misconduct.

13. (1) Every attorney-at-law who draws or prepares any legal
document shall sign on it his name under hi hand and the name
of the fm ('if any) in which he is employed together with the
appropriate address.

(2) Any attorney-at-law who contravenes subsection (1) is
guilty of professional misconduct.

14. (1) A person who is registered on the Roll and who desires
to practise law in any year shall in the month of January in that
year, apply to the Registrar for a certificate to be called a
Practising Certificate, and the Registrar shall on W i g satisfied
that he has paid the prescribed fee (if any) and the licence fee,
issue to h i a Practising Certificate.

(2) If a person who is registered on the Roll applies to the
Registrar for a Practising Certificate in a month other than
January, the Registrar shall on payment of the prescribed fee for
late payment (if any) in addition to the payments referred to in
subsection (I) issue to h i a Practising Certificate.

(3) A Practising Certificate is valid for the year in which it is
issued and expires on the 31 st day of January of the ensuing year.

whose name is registered in the Banisters'
Registrar under the Eastern Caribbean Supreme Court Act or in
the SoBjlciwrs' Roll under that Act or by virtue of the Council of
Legal Education Act, shall be deemed to hold a valid Practising
Certificate for the year during which this Act comes into force and
for the Jmuw d the ensuing year.

(5) A Radsirng Certificate shdl be in the form set out in the
Scbedde.

No. 9 of 1997. The Legal Profession Act 1997. 9 ANTIGUA
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(6) The Registrar shall cause to be published in the Gazette

(a) in the month of February in every year, an alphabeti-
cal list of persons who have at the 3 1 st January in that
year obtained a Practising Certificate;

(6) as soon as practicable the name of any person obtain-
ing a Practising Certificate after ,the 3 1st January in
any Year.

(7) A copy of the Gazette containing the list referred to in
paragraph (a) of subsection (6) or the name of any person
published pursuant to paragraph (b) of that subsection shall be
prima facie evidence in any court of the registration on the Roll
of the name and the holding of a valid Practising Certificate by
any person mentioned in paragraph (a) or (b) of that subsection.

(8) A person who after the month of January in any year
practises law without first obtaining a Practising Certificate is
guilty of an offence and liable on summary conviction to a fine
of ten thousanddollarsand to afurther fme of two thousanddollars
for every day on which the offence continues after conviction
thereof.

15. (1) Subject to this Act, if a person whose name is not unlawful practice
registered on the Roll - and similar

offences.

(a) practises law;

(b) wilfully pretends to be an attorney-at-law; or

) makes use of any name, title or description implying
that he is entitled to be recognized or to act as an
attorney-at-law,

he is guilty of an offence and liable on summary conviction to a
fine of ten thousand dollars and to imprisonment for a term of two
Years.

(2) A person who, not being entitled to act as an attorney-at-
law, acts in any respect as an atllorney-at-law in any action or
matter or in any court in the name or through the agency of an
attorney-at-law entitled so to act, is guilty of an offence and liable
on summary conviction to a fine of ten thousand dollars and to a

ANTIGUA 10 1% Legal Profession Act 1997. No. 9 of 1997.
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term of imprisonment for one year, or onconviction on indictment
to imprisonment for five years.

(3) No fee in respect of anything done by aperson whose name
is not registered on the Roll or to whom subsection (2) relates,
acting as an attorney-at-law, is recoverable in any action, suit or
matter by any person; and any such fee so paid may be recovered
as a civil debt.

(4) Section I4 and this section (subsection 3 excepted) do not
extend to a public legal officer -

(i) drawing or preparing instruments, or

(ii) appearing for the informant, complainant or
plaintiff in amagistrate's court, in the course of
his duty;

cap. 255. (5) Notwithstanding section 75 of the Magistrate's Code of
Procedure Act, an information for an offence under this section
may be laid at my b e within 2 years next after the commission
of an offence or within six months after the first discovery thereof
by the informant, whichever period is the shorter.

Law officers as 16. (I)For the p33rpes ofthis Act, alaw officer is an attorney-
aaOmeys-"law. at-law who holds office in the Judicial md Legal Service which

off~ce is Bwl& by &d9r of the Miszkkr ig be a law office.

(2.) A law officer :a long as he aem&~s a hw officer &dl be
deemed to be bee bider d a valid Practising Certificate.

xi^; . ~CSC~~JPZ. (3) A certificate in the form set out as Form 3 in the Third
FLW~ 3. Schedule signed by the Minister or by a Chief Legal Officer to the

effect that a p d c u k person is a law officer is prima faeie
evidmce of thd kt.

eP) h this section 'Thief Eegd d)%cer9' m m 6 "$pe SoBicim
sf Public Rss~o:ions

No. 9 of 1997. The Legal Profession Act 1997. 11 ANTIGUA
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PART lV

Professional Practise and Conduct

17. (1) The Council may make rules generally as to the keeping Rdes , to
and operating of bank accounts of clients' money by attorneys- accounts and
at-law, and without prejudice to the generality of the foregoing,
such rules may provide -

(a) for the opening and keeping by attorneys-at-law of
accounts at banks for clients' money; and

(b) for the keeping by attorneys-at-law of accounts
containing particulars and information asl to money
received, held or paid by them for or on account of
their clients; and

(c) for the Council to take such action as may be
necessary to enable them to ascertain whether or not
the rules are being complied with.

(2) Rulesmade under this section may dsorequirean attorney-
at-law, in such cases as may be prescribed by the rules, either -

(a) to keep on deposit in a separate account at a bark for
the benefit of the client, money received for or on
account of a client; or

(b) tomake good to the client out of theattorney-at-law's
am money a sum equivalent to the interest which
would have accrued if the money so received had
been kept on deposit.

(3) The cases in which an attorney-at-law may be required to
act in accordance with rules made pursuant to subsection (2) may
be defined, among other things, by reference to the amount of any
sum receivedor the period for which it is or is likely to be retained
or both.

(4) Ndthiig in subsections (2) to (4), or in rules made pursuant
to subsection (2) shall -

(a) affect any arrangement in writing, whenever made,
between an attorney-at-law and his client as to the

ANTIGUA
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I
' Relief to banks.

Dealings with
clients' acmsmts
where i m p q e r
witduct alleged.

12 The LRgal Profession Act 1997. No. 9 of 1997.

application of the client's money or interest thereon;
or

fb) apply to money received by an attorney-at-law being
money subject to a trust of which the attomey-at-law
is a trustee.

18. (1) Subject to subsection (2) and (3) no bank shall, in
connection with any transaction on the account of any attorney-
at-law kept with it or with any other bank (other than an account
kept by an attorney-at-law as trustee for a specified beneficiary)
incur any liability or be &a my obligation tomake any enquiry,
or be deemed to have any knowledge of any right of any person
to any money paid or credited b any such account, which it would
not incur or be deemed to h v e in the case of an account kept by
a person entitled absolutely to d l the money paid or credited to
it.

(2) Nothing in subsection (1)relieves a bank from any liability
or obligation under which it would be apart from section 17 or this
section.

(3) Notwithstanding anything in subsection (I), a bank at
which an attorney-at-law keeps an account for clients' moneys
shall not, in respect of my liability of the attorney-at-law to the
bank, not being a liability in connection with that account, have
or obtain any rmuxse or right, whether by way of set-off,
counterclaim, charge or otherwise, against moneys standing to
the credit of that account.

19. (1) Where a judge is satisfied on application made by
summons in chambers by lnriy client of an attorney-at-law or the
Aaowey General that then: is reasonable cause to believe -

( a hatm iittmey-at-kw has k e n guilty of any offence
involving fraud or of m y improper conduct in rela-
tion to the money or property of any person; or

) that any money entrusted to the attorney-at-law has
been stolen by his servant or agent,

the judge shall came the Registrar forthwith to h b m 1 h e
ammy-at-law of the application and the grounds ~cXe0f
require him by summons to attend in Cwkrs before any judge

No. 9 of 1997. 7 k Legal Profession Act 1997. 13 ANTIGUA
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of the Cow- on a date and at a time stated in the summons to be
examined concerning thematter and shall also cause theRegistrar
to summon any person whomade the application to appear before
the same judge on that date and at that h e .

(2) If on enquiry it appears to the judge that the attorney-at-law
has been guilty of any offence involving fraud or any improper
conduct, he may make such order as to the keeping of money held
by a banker in any clients' account of the attorney-at-law or his
fw as he thinks )proper, and such order shall be served on the
banker.

(3) Where after enquiry, it appears to the judge that the
attorney-at-law has been guilty of any offence involving fraud, or
any improper conduct, he may make or cause the Registrar to
make an application to thelaw Council in respect of tbe attorney-
a t - b , and Part V shall apply mutatis mutandis.

(4) Where on any application made pursuant to subsection (3)
the Court of Appeal in any procedings brought under PartV finds
the attorney-at-law guilty of professional misconduct, it may
make such order as to the keeping or dishbution of the money
standing to the credit of the account as it thinks proper in the
circumstances of the case.

(59 Rules of court may prescribe as to the form and procedure
of my applicatien or proceedings made or brought under this
seaion.

20. (1) At any time after the death of an attorney-at-law who
imxidiately before his death was practising as an attorney-at-law
on hi own account and not in partnership with another attorney-
&-Jaw the Law Council may, if it thinks fst, serve notice on any
banker holding money in any clients' account of the attorney-at-
law or his firm that &is section applies tcm that amount.

(2) Fmm the &te of the service of a notice under subsection
(9) heright to operateor otherwise deal with the account to which
the notice relates shall, notwithstding mythhnag in any other
enactment or rule of law, vea in the Law Council to Phe exclusiorr
of any other person.

Dealing with
clients' accounts on
death of attorney-
at-hw practising
on his own
account.

(3) Not latea than the date on which a motice is served on a
hanker under subwtion (I) the Law Couacil shdl serve a copy

ANTIGUA 14 The Legal Profession Act 1997.
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No. 9 of 1997.

of the notice on the legal personal representative (if any) of the
attorney-at-law unless the identity or address of such representa-
tive cannot after reasonable enquiry be asermined in which case
such nolice shall be given as soon as is reasonable practicable.

(4) If the Law Council fails to serve a copy of the notice as
required by subsection (3) and in consequence of such failure the
legal personal representative suffers loss as a result of his doing
a lawful act in good faith in relation to the account to which the
notice relates, the Law Council shall indemnify him against the
loss so suffered.

(5) For the purposes of this section a certificate signed by the
Secretary of the Law Council and certifying that a banking
account of an attorney-at-law is a clients' account is evidence of
the matter certifxed.

PART V

Discipline

Rules to govern 21. (I) The rules contained in the Code of Ethics set out in the
professional Fourth Schedule shall regulate the professional practice, eti-
practice.
Fourth Schedule. quette, conduct and discipline of attorneys-at-law.

(2) A breach of the rules in Part A may constitute professional
misconduct and in Part B shall constitute professional miscon-
duct.

(4) Where no provision is made by the rules in respect of any
matter, the rules and practice of the legal profession which before
the Commencement of this Act governed the particular matter
shall apply in so far as is practicable.

(4) The Council with the approval of the Chief Justice may
~ o u a h Schedule. amend the Fourth Schedule.

L ~ W council to 22. (1) For the purpose of this Act, the Law Council is charged
upho1d with the duty of upholding standards of professional conduct.

(2) The Registrar or any person deputed by him shall perform
the duties of Secretary to the Law Council.

No. 9 of 1997. The Legal Profession Act 1997. 15 ANTIGUA
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2 3 (1) A client, the Attorney General or, by leave of the L,aw Complaints to Law
Council, any other person alleging himself aggrieved by an act of Council
professional misconduct (includig any default) committed by an
attorney-at-iaw other than the Attorney Generai or a law officer,
may apply to the Law Council to require the attorney-b-law to
answer allegations contained in an affidavit made by such person,
an& the Regism or my member sf the Law Council may make
a lie application to the Law Council in respect of allegations
concerning -

(a) any professional misconduct; or

(b) any such cMial offence as m y for the purpose of
this section be prescribed.

(2) In any matter or hearing before any court, where the court
considers that any act referred to in paragraph (a) or (6) of
subsection (1) has been committed by an attorney-at-law other
than the Attorney General or a law officer, the court may make
or cause the Registrar to make an application to the Law Council
in ~ s p e c t of the attorney-at-law under that subsection.

(3) Any application under subsection (I) shall be m d e to and
heand by the Law Council in accordance with rules made under
section 24.

2%. (1) The Law Council m y make rules regulating the Rules ofproct?d~~e
pre%x?ration, hearing and determination ~f applications to the for Law C~ .~oc i l .
Law Council under &is Act.

(2,) The Rules contded h the Fifth Schedule shall have FrfthSchedule.
effect as if made c n h subsection (1) wti! rules ape made under
We sr~bsec~ion a d nlay be mended or revoked by the Law
CoanciL

(3) For me p q ~ s of my a~licaiion made ro rt tinder &is
Ac*, she Lsw Cu~ncij s d l have the powers of the High Court to
sumram ~wlhesses, mfl for the prodiuckon of h k s and iiocu-
men& e x d i e wibresses n ~ d pmes cop.,cem& CJII oatl!,

2% (1; Were &e Law CouaciI dxidcs $her b r a h g a9 ~ ~ p r t tocxief
z $imtio2 underthib Pat, &ta~6~mfes~,ian318;Q1~~~cnnduct Jus:icc.
P, been oist ag&nsl an aaom~);-at-ar;-law, the Law Council
thd l W ~ ~ B 21 b j s cfats decision f o ~ s J to the Chief Jastice a

ANlGUA 16 The Legal Profession Act 1997. No. 9 of 1997.
AND

BARBUDA

report signed by the Chairman, of its findings, with the reasons for
its decision, and with any recommendation in relation thereof, as
it thinks just, in accordance with subsection (2).

(2) On the hearing of an application under this Part, the Law
Council may, as it thinks just, in its report make any recommen-
dation as to -

(a) removing from the Roll the name of the attorney-at-
law to whom the application relates;

(b) suspending the attorney-at-law to whom the applica-
tion relates from practice on such condition as it may
determine;

(c) imposing on the attorney-at-law to whom the appli-
cation relates, such fines as it thinks proper;

(d) subjecting the attorney-at-law to whom the applica-
tion relates, to a reprimand;

je) the payment by any party of costs or such sum as they
may consider a reasonable contribution towards
costs.

(3) On receipt of the report, the Chief Justice shall cause the
report to be set down for Ihe consideration of the Court of Appeal.

(4) The Court of Appeal may at any stage refer a report back
to the Law Council for its findings on any point required by the
Court.

(5) Rules of court may prescribe -

(a) the form and manner in which a report shall be
submitted to the Chief Justice;

(b) any other matter or thing relating to the hearing upon
the consideration of the report by the Court of
Appeal.

Cornideration of 26. (1) The Court of Appeal on the consideration of any report
repo* of Law submitted by the Law Council may -
Council by Court.

No. 9 of 1997. The Legal Profession Act 1997. 17 ANTIGUA
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(a) dismiss the application;

(b) order the name of the attorney-at-law to be removed
from the Roll;

(c) order that the attorney-at-law be suspended from
practising law for such period not exceeding 3 years
as it thinks fit;

(d) impose on the attorney-at-law to whom the report
relates such fine as it thinks proper; or

(e) reprimand the attorney-at-law; and

fl makes such order as to costs as it thinks fit, and in
addition, except where the application is dismissed,
the Court may order the attorney-at-law to pay the
applicant or prson aggrieved such sum by way of
compensation and reimbursement and such further
sum in respect of expenses incidental to the hearing
of the application and the cons~deration of the Yeport
as it thinks fit.

(2) An order made under paragraph (0) or {c) or' subsection ( I )
nlay contain such provisions as L!e Court thinks fit for the custody
of my deeds, docurnen& o: papers 113 the possession of the
attorney-at-law to whom ~t relate\.

(3j Every &asion 3; order made u~:der this seztlon shall be
drawl1 up ssttled, mJ s~gited by the Registrar.

(4) Any sun] by way of c ~ ~ y e n s a t i o ~ ~ ar reimbursement
ordered to be paid by an attorney-at-law under this section, shall
be taken into account in the assessmenr o i any damages recover-
able against the attorney-at-law by the person to whom such
compensation or reimbursement has been ordered to be paid or
made with respect to any act or default which was the subject
matter of the application in respect of which he was ordered to pay
such sum by way of compensation or reimbursement.

27. Nctwithstanding anything in thir Act the lurisdictrc?n, S ' I \ I I I ~ ot
power of authority vested in any court immediately before the l ~ r l y d l ~ t l o n f
commencement of this Act - COLlr!$

ANTIGUA 18 The Legal Profession Act 1997. No. 9 of 1997.
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(a) by the common law to discipline; or

(b) by any enactment to deal with contempt of court
committed by barristers or solicitors shallcontinue to
be exercisable after such commencement in relation
to attorneys-at-law.

Registrar to make 28. (1) Where by an order of the Court of Appeal, an attorney-
of in at-law is suspended from practice or his name is ordered t~ be

Roll md publist1 in
Gazzfte.

removed from the RolI the Registrar shall make the appropriate
entry or alteration in lhtine Rd.

(2) Every order made by the c'curt &at an attorney-at-law be
suspended from practice or his name be removed from the Roll,
shall be publfshd in the Gazette by notice under the hand of the
Registrar.

Practising Certifi-
cate invalidated by
the removal fron
Roll or suspension.

(3) if the name of an att~rney-at-law is removed from the Roll
any Practising Certificate issued to him shall cease to be valid.

(4) During the periodof suspension of ar! attorney-at-law from
practice, no Practising Certificate shall be issued to him and any
Practising Certificate issued to him prior to such suspension shall
cease to be valid for the perid of that ssuspension.

(5) If an attorney-at-hvr~ is adjudicated a bankrupt any Praciis-
ing Certificate issued to him shall cease to k valid for the period
h i n g which he renaiPls an undischzqed bankrupt.

29. (1) An application by an attorney-at-law to procur? lhe
=mc.iral of his rl?;me from the ROB shall be anade in a smmwl
mmner tc &ba figigh Czxn which shall d--n sach order thereon as
it &ir&r fit.

(2) Riks of m1fl m y prescribe as to the form and manner cf
any application mder &is section.

3% (1) An attorney-at-law whose came has been removed
fmnr &e R~11, fir whc has k e n suspended frum pr.it:tiskz +.i.

subjexe XI subse&.;-n (2) apPp!y g r ~ ebe Court of A4pgx3a! ">=
p&tm to Dave hi?; name restored tf, the Roll or ~k-re 3 r d a of 1 is
suspsion wpi&dm~%, TS the case my be.

No. 9 of 1997. The LRgal Profession Act 1997. 19 ANTIGUA
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(2) Apetition under subsection (1) shall not be presented to the
court unless it is accompanied by a written recommendation in
support thereof from the Law Council certified by the Secretary
to the Law Council.

(3) On the hearing of an application under this section, the
court may refer it to the Law Council for a report, and may, if
satisfied that the applicant is a fit and proper person to practise
law, order that his name be restored to the Roll or that the order
suspending him from practising law be withdrawn as the case may
be.

(4) Rules of court may prescribe the fees to be paid by an
attorney-at-law for the restoration of his name to the Roll.

(5) Any order made by the court under this section restoring the
name of m attorney-at-law to the Roll or withdrawing an order
suspending him from practising law shall be published in the
Gazette by the Registrar.

(6) Upon the publication in the Gazette of an order made under
subsection (3) and on the payment of my fee pres~ribed under
subsection (41, the Registrar sM1 restore the name of the
attorney-at-law to tlre Roll and make any necessary entry of the
date and effect of the order.

31. (1) If any person whib suspended form pmctising law or offences.
whose name has been removed from the Roll -

(a) practises law;

(5) wi&dly pretends b be entitled to pactise iaw; or

(c) wlfully makes use of any name, title or description
implying that he is entitled to be recognised or to act
as an attorney-at-law,

he is guilty of an offence and liable on s& conviction to a
fine of twenty thousand dollars and to imprisonment for two
years.

(2) If any person while suspended from practising law, or
whose name has been removed from the Roll seeks or accepts
employment from an attorney-at-law in connection with the

ANTIGUA 20 The Legal Profession Act 1997. No. 9 of 1997.
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practise of that attorney-at-law, without previously informing
him of the suspension or removal from the Roll, he is guilty of an
offence and liable on summary conviction to a fine not exceedmg
five thousand dollars and te imprisoninent for a term oLsix
months.

(3) No attorney-at-law shall in connection with his practice,
without the written permission of the Law Council, which
permission may be given for such period and subject to such
conditions as the Law Council thinks fit, employ any person who
to his knowledge is suspended from practice, during the period of
such suspension, or whose name has been removed from the Roll
otherwise than at his own request.

(4) Any attorney-at-law who coritravenes subsection (3) is
guilty of professional misconduct.

Control of 32. (1) Where a person who is or was a clerk to an attorney-at-
emplOment of law but is not himself an attorney-at-lax:; -
certain clerks.

(a) has been convicted by a court -

(i) of larceny, embezzlement or fraudulent con-
version; or

(ii) of any other criminal offence in respect of any
money or property belonging to or held or
controlled by an attorney-at-law by whom he
is or was employed or any client of that attor-
ney-at-law; or

(b) is reasonably sospected by the Council of having
k e n a pmy to any act or &fault of the attorney-at-
bw to whom be is or was a clerk in respect of which
an appIiaai.on againat '&at attorney-at-law bas been
or might be made to thc Law Council under this Act.

an application may be made to the Law Council with respect to
that person by or on behalf of the Council.

f2) Chi the bearing of an app1icatk.m under subsection (1) tlse
Law Council may an order that as from such &fc as m y
be spdied in the order no attorney-at-law shall ic mnnmtiio~
with Ms practice as an attorney-at-law shall tak inso or retain in

No. 9 of 1997. The Legal Profession Act 1997. 21 ANTIGUA
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his employment or remunerate the person with respect to whom
the application is made except in accordance with permissio~ in
writtng granted by the Council for such period and subject to such
conditions as the Council thinks fit to specify in the permission
and may make an order as to payment by my pmy to the
application of costs.

(3) Section 24 shall mutatis mutadis apply for the purposes of
an bplication under this section as it applies to an application
undbr section 23.

(4) Every order i ~ & under this section shall be filed by the
Registrar axid the fib kept by him for that purpose may be
inspected by any attorney-at-law during office hours without
payment but may not be inspected by a person other than an
attorney-at-law.

(51 For the purposes of this section -

(a) a probation order under the Probation of Offenders
Act shall, notwithstanding section 2 of the Act, be
deemed to be a conviction of the offence for which
it was made;

(&) the &ath of an attorney-at-law against whom an
~plication might have been made under section 23
shall not prevent an application being made under
l%is seetion in respect of a person who was a clerk to
that attorney-at-law and who is alleged to have been
a party to my act or default of that at&mey-at-law.

33. (1) An ap@ ag&nst an 0f&r of the Law &PIIIC~ on m Appeals against
application made under section 32 lies to the High Court at the mder of Law

~e of w~ntSa respect to whom the application was Couacil.

md s sMl be made within such time after the
&e of service of a copy of the o rk r on that person, in such form
md shall be heard in such Manner LLS may be prescribed by the
d e s of court.

(2) The decision of the High C o w on an appeal made under
mbsecti~n (1) shall be f d .

AhllGUA 22 The Legal Profession Act 1997. No. 9 of 1997.
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Offences in 34. (1) If a person in respect of whom an order made under
with section 32 is in force seeks or accepts any employment by or

orders under
section 32. remuneration from an attorney-at-law in connection with the

practiceofthatattorney-at-law without previously informing him
of that order, he is guilty of an offence wd is liable on summary
conviction to a fine of two thousand dollars.

(2) Where an order is made under section 32 in respect of any
person and no appeal is made against that order or that order is
confmed on appeal, an attorney-at-law who knowingly conua-
venes that order or any condition subject to which permission for
the employment of that person has been granted thereunder is
guilty of professional misconduct.

(3) A copy of an order made under section 32 cer&ified by the
Registrat shall be prima facie evidence of that order in any
proceedings under this section.

Cap. 255. (4) Notwithstanding section 75 of the Mzgisuates' Code of
Procedure .4ct, an information for an offence under subsection (1)
may be laid at any time before the expiration of 6months after the
fkst discovery of the offence by the informant.

(5) No proceedings under subsection (1) may be commenced
by a person other than the Council or a person acting on k h J f of
the Council except with the consent of the Director of Public
Prosecutions.

PART VI

Legal Education and Law Repwting

Legai education 35, (i) The Minister after consultation with the Council, may
and law r e F i n g . make arrangements -

(a) for the provision of a system of legal education and
practical legal training;

(b) for the provision of a system of law reporting.

(2) In making arrangements of the carrying out of his functions
under subsection (1) the Minister shall give due observance to the
provisions of the Caribbean Legal Education Agreement.

No. 9 of 1997. The Legal Profession A a 1937. 23 ANTIGUA
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(3) The Minister after consultati~n with the Council, may
make rules reiating ti, matters connected with his functio~s under
subwtion (1) and, in particular, but without prejudice to the
gencrdity of the foregoing, concerning -

{a) courses of instruction for students and generally for

Related Laws