Legal Profession Act


Published: 1993-06-01

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Legal Profession Act
LEGAL PROFESSION [CH.64 – 1


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LRO 1/2006 STATUTE LAW OF THE BAHAMAS

LEGAL PROFESSION

CHAPTER 64

LEGAL PROFESSION

ARRANGEMENT OF SECTIONS


LIST OF AUTHORISED PAGES
1-6 LRO 1/2006
7-30 Original
31-32 LRO 1/2006
33-37 Original




PART I
PRELIMINARY

SECTION

1. Short title.
2. Interpretation.


PART II
THE BAHAMAS BAR ASSOCIATION AND THE BAR

COUNCIL

3. Bahamas Bar Association.
4. Bar Council.
5. Responsibility of Bar Council.
6. Meeting of Bar Association.
7. Quorum of Bar Association.
8. Chairman and Vice-Chairman of Bar Council.
9. Quorum and procedure of Bar Council.


PART III
COUNSEL AND ATTORNEYS


10. Qualifications and disqualifications for admission to practise.
11. Special admission.
12. Application for admission.
13. Call to the Bar.
14. Certificate of enrolment.
15. Appointment of Queen’s Counsel.
16. Roll.
17. Supplementary Roll.
18. Rights and liabilities of persons admitted to practice.
19. Pupillage after call in certain cases.
20. Unqualified person not to act as counsel and attorney.
21. Pretending to be counsel and attorney, registered associate or legal executive.
22. Unqualified person not to prepare certain instruments.

23. Unqualified person not to prepare probate papers.
24. No costs recoverable where unqualified person acts.
25. Saving for unqualified persons.
26. Registered Associate.
27. Rights of registered associate.
28. Minimum fees prohibited.


PART IV
DISCIPLINE


29. Improper conduct.
30. Ethics Committee.
31. Disciplinary Tribunal.
32. Restraint order.
33. Charging order.
34. Appointment of receiver.
35. Proceedings in name of the Bar Council.
36. Hearing of complaints.
37. Powers exercisable by the Tribunal or Committee during hearings.
38. Powers of Disciplinary Tribunal.
39. Removal of name from Register of Associates.
40. Orders of Disciplinary Tribunal.
41. Restoration to Roll of the name of persons struck off.


PART V
LEGAL EDUCATION


42. Examinations.


PART VI
ARTICLES


43. Articles.
44. Restrictions on taking articled clerks.
45. Power to discharge articles.
46. Transfer of articles.


PART VII
POWERS OF INTERVENTION


47. Intervention in counsel and attorneys practice with respect to money.
48. Intervention in counsel and attorney’s practice with respect to documents.
49. General provisions relating to intervention in counsel and attorney’s practice.
50. Application of section 177 of Ch. 65.

LEGAL PROFESSION [CH.64 – 3


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LRO 1/2006 STATUTE LAW OF THE BAHAMAS

PART VIII
LEGAL EXECUTIVES


51. Legal Executives.
52. Removal of name from Register of Legal Executives.
53. Functions of legal executives.


PART IX
MISCELLANEOUS


54. Appeal to the Court of Appeal.
55. Regulations.
56. Offences.
57. Amendment of First Schedule.

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.


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LRO 1/2006 STATUTE LAW OF THE BAHAMAS

CHAPTER 64

LEGAL PROFESSION
An Act to make provisions with respect to the

practice of law by persons in The Bahamas, for the
admission of persons to such practice, for the creation of a
registered associate and legal executive, for the conduct
and discipline of registered associates, legal executives
and persons admitted to practice, and for matters
incidental to or connected with the aforesaid matters.

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

PART I
PRELIMINARY

1. This Act may be cited as the Legal Profession
Act.

2. In this Act —
“admit to practice” means admit to practice as

counsel and attorney in the courts of The
Bahamas;

“appointed day” means the 1st day of June 1993;
“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;

26 of 1992
23 of 1994
6 of 1997

S.I. 23/1993.

Short title.

Interpretation.

CH.64 – 6] LEGAL PROFESSION





STATUTE LAW OF THE BAHAMAS LRO 1/2006

“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 —

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(a) a person specially admitted, a registered
associate or a legal executive as respects
the performance by him of any function
falling within his competence under this
Act as a person specially admitted or as a
registered associate or a legal executive; or

(b) any person within the benefit of section 25,
and “qualified person” shall have a
corresponding meaning.

PART II
THE BAHAMAS BAR ASSOCIATION AND THE BAR

COUNCIL
3. (1) All persons admitted to practice other than

persons specially admitted shall form and be members of
The Bahamas Bar Association.

(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.

4. (1) The Bar Council shall consist of —
(a) the officers of the Bar Association;
(b) five members of the Bar Association elected in

accordance with section 6, except that two
members shall be elected for a term of three
years each and three members for a term of one
year each; and

Bahamas Bar
Association.

Bar Council.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(c) one person appointed by the Attorney-General
after consultation with the President of the Bar
Association for such period not exceeding two
years as is specified in the instrument effecting
the appointment.

(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.

5. (1) The Bar Council may make bye-laws for the
direction, control and government of the Bar Association.

(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 —

(a) the maintenance of the honour and independence
of the Bar and the defence of the Bar in its
relations with the executive and the judiciary;

(b) the encouragement of legal education and the
promotion of the study of jurisprudence;

(c) the promotion of standards of etiquette and
professional conduct required of members of the
Bar;

(d) the protection of the public right of access to the
courts and the right of representation by
members of the Bar before courts and tribunals;

(e) the encouragement of the improvement of the
administration of justice and procedure
including the arrangements for legal advice and
aid for persons in need thereof;

(f) the promotion and support of law reform;
(g) the furtherance of good relations between

members of the Bar and lawyers of other
countries;

(h) such other matters of professional concern to
members of the Bar as the Bar Association may
determine.

6. (1) The President of the Bar Association shall in
each year summon a meeting of the Association to be held
in such month as may be prescribed for the purpose of —

(a) submitting a report of the proceedings of the Bar
Council in respect of the preceding year; and

Responsibility of
Bar Council.

Meeting of Bar
Association.

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(b) electing persons to fill any vacancy in the
membership of the Bar Council.

(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.

7. (1) Subject to subsection (2), at any meeting of
the Bar Association, thirty members constitute a quorum.

(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.

8. (1) The President of the Bar Association shall be
the Chairman, and the Vice-President of the Bar
Association shall be the Vice-Chairman, of the Bar
Council.

(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.

9. (1) The quorum for any meeting of the Council
shall be five.

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

Quorum of Bar
Association.

Chairman and
Vice-Chairman
of Bar Council.

Quorum and
procedure of Bar
Council.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

PART III
COUNSEL AND ATTORNEYS

10. (1) No person shall be admitted to practice
unless he is qualified in accordance with Part A, B or C of
the First Schedule and is not disqualified for admission
under subsection (2).

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

(a) unless the Bar Council otherwise determines, if
he has been disqualified for or suspended from
practice in the courts of any place outside The
Bahamas and such disqualification or
suspension is in force at the date of his
application for such admission;

(b) if he is, in the opinion of the Bar Council, not of
good character; or

(c) save in the case of a person appointed to a legal
public office or of a person applying for special
admission, if he is not a citizen of The Bahamas.

11. Notwithstanding anything to the contrary in this
Act, the Bar Council, upon being satisfied that the interests
of justice so require, may determine that any person
qualified in accordance with the First Schedule shall be
specially admitted to practice for the purpose of conducting
particular proceedings specified in such determination, and
shall give notice of its determination to the Chief Justice.

12. (1) Any person desiring to be admitted to
practice or to be specially admitted shall make application
to the Bar Council in such form as the Council may require,
attaching to the application the appropriate certificate or
certificates in accordance with the Second Schedule and an
affidavit declaring —

(a) that any certificate produced in support of the
application is a true certificate and relates to the
applicant;

(b) that the applicant is not suspended from or
disqualified for practice in the courts of any
place outside The Bahamas and has not done
any act or been guilty of any omission which
would render the applicant liable to be so
suspended or disqualified; and

Qualifications
and disqualifica-
tions for admis-
sion to practise.
First Schedule.

Special admis-
sion.

First Schedule.

Application for
admission.

Second Schedule.

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(c) save in the case of a person appointed to a legal
public office or of a person applying for special
admission, that the applicant is a citizen of The
Bahamas.

(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.

13. (1) Upon receipt of notice of a determination of
the Bar Council under section 11 or subsection (2) of
section 12 in relation to any person and upon payment by
that person of the prescribed fee, the Chief Justice shall
admit the person by calling him to the Bar in such manner
as the Chief Justice thinks fit.

(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.

14. Every person admitted to practice other than a
person specially admitted is entitled to receive from the
Registrar a certificate of enrolment under the seal of the
Court.

15. (1) A counsel and attorney may apply to the
Attorney General for appointment as one of Her Majesty’s
Counsel.

(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.

Call to the Bar.

Third Schedule.

Certificate of en-
rolment.

Appointment of
Queen’s Counsel.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(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.

16. (1) The Registrar shall keep in such form as the
Chief Justice may direct a roll, to be called the Roll of the
Court, in which persons admitted to practice shall inscribe
their names as required by section 13.

(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.

17. The Registrar shall keep in such form as the
Chief Justice may direct a roll, to be called the
Supplementary Roll of the Court, in which persons
specially admitted shall inscribe their names as required by
section 13, and the Registrar shall against each name enter
the particular proceedings in respect of which each person
is specially admitted.

18. (1) Any person admitted to practice under this
Act shall be deemed to be an officer of the Court and,
subject to section 19, shall be entitled to practice as counsel
and attorney in all courts in The Bahamas.

(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.

19. (1) Notwithstanding anything to the contrary in
this Act, a person called to the Bar, being a person to
whom this section applies —

(a) shall be obliged to serve a term of pupillage of
twelve months, of such nature and on such terms
and conditions as may be prescribed (but so that,
until he has completed six months of his
pupillage, he shall not conduct any case or part


Roll.

Supplementary
Roll.

Rights and liabil-
ities of persons
admitted to
practice.

Pupillage after
call in certain
cases.

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of any case in any court), in the chambers of a
counsel and attorney in actual practice in The
Bahamas; and

(b) shall not be entitled to practice as counsel and
attorney (save to the extent allowed by his
pupillage) until the certificate required by
subsection (2) has been deposited with the
Registrar.

(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 —

(a) a person in whose case the Governor-General,
acting on the recommendation of the Bar
Council, upon the Council being satisfied that
the person possesses sufficient familiarity with
the laws of The Bahamas, determines that the
requirements of this section shall be waived; or

(b) a person who is specially admitted to practice
under this Act.

20. (1) Save where expressly permitted by this or
any other Act, no unqualified person shall act as a counsel
and attorney, or as such sue out any writ or process, or
commence, carry on or defend any action, suit or other
proceeding, in the name of any other person or in his own
name, in any court, or act as counsel and attorney in any
case, civil or criminal, to be heard or determined in any
court.

(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.

First Schedule.

Unqualified per-
son not to act as
counsel and at-
torney.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

21. Any unqualified person who wilfully pretends to
be, or takes or uses any name, title, addition or description
implying that he is, qualified, or recognised by law as
qualified, to act as a counsel and attorney, a registered
associate or a legal executive, is guilty of an offence and
liable on summary conviction to a fine not exceeding one
thousand dollars.

22. (1) Any unqualified person who directly or
indirectly draws or prepares any instrument relating to real
or personal property or to any legal proceedings is guilty of
an offence and liable on summary conviction to a fine not
exceeding one thousand dollars, unless he proves that the
act was not done for or in expectation of any fee, gain or
reward.

(2) Subsection (1) shall not apply to —
(a) a public officer preparing or drawing any

instrument in the course of his employment;
(b) a person merely engrossing any instrument in

the course of his employment;
(c) a justice of the peace preparing or drawing an

instrument relating to real property; or
(d) a commissioner preparing or drawing an

instrument relating to real property in respect of
the district of which he is in charge.

(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 —

(a) a will or other testamentary instrument;
(b) an agreement under hand only;
(c) a letter or power of attorney; or
(d) a transfer of stock containing no trust or

limitation.

Pretending to be
counsel and at-
torney, registered
associate or legal
executive.

Unqualified per-
son not to pre-
pare certain
instruments.
23 of 1994, s. 2.

23 of 1994, s. 2.

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23. (1) Any unqualified person who either directly
or as the agent of any other person (whether or not that
other person is a qualified person) takes instructions for or
draws or prepares any papers on which to found or oppose
a grant of probate or of letters of administration or a
resealing thereof is guilty of an offence and liable on
summary conviction to a fine not exceeding five hundred
dollars for each offence, unless he proves that the act was
not done for or in expectation of any fee, gain or reward,
and without prejudice to any other liability or disability to
which he may be subject under this or any other Act.

(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.

24. No costs in respect of anything done by an
unqualified person acting as a counsel and attorney or as a
registered associate or legal executive shall be recoverable
in any action, suit or matter by any person.

25. Nothing in this Act shall derogate from any
enactment empowering an unqualified person to conduct,
defend or otherwise act in relation to any legal
proceedings.

26. (1) Subject to this Act, any person registered
under this section, in this Act referred to as a “registered
associate”, may act as the agent of the counsel and attorney
by whom he is for the time being employed, in the drawing
and preparation of the instruments and the performance of
the business and functions specified in section 27.

(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,


Unqualified per-
son not to pre-
pare probate
papers.

No costs reco-
verable where
unqualified per-
son acts.

Saving for un-
qualified persons.

Registered As-
sociate.

Fourth Schedule.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

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.

27. (1) Notwithstanding anything to the contrary in
this Act, a registered associate is entitled to act as the agent
for the counsel and attorney by whom he is employed —

(a) in the drawing and preparation of instruments
relating either to real or personal property, or on
which to found or oppose a grant of probate or
letters of administration or a re-sealing thereof;

(b) in the taking of instructions from clients;
(c) in the giving of instructions to counsel;
(d) in the preparation of such documents relating to

legal proceedings as are to be prepared in the
chambers of the counsel and attorney; and

(e) generally in the conduct of such of the business
of the counsel and attorney as is normally
conducted in the chambers of a counsel and
attorney.

(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.

28. Nothing in this Act shall be construed as or have
the effect of authorising the imposition or sanction by the
Bar Association or the Bar Council of a minimum scale of
fees for services rendered by a counsel and attorney.

Rights of regis-
tered associate.

Minimum fees
prohibited.

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PART IV
DISCIPLINE

29. For the purposes of this Act, it shall be improper
conduct —

(a) in the case of a counsel and attorney, if the
counsel and attorney —

(i) for the purpose of procuring his admission
to practice, made a statement which is
false in any material particular;

(ii) makes while acting in the capacity of
counsel and attorney a statement which to
his knowledge is false in any material
particular;

(iii) knowingly or recklessly makes any
statement for the purpose of an application
under subsection (3) of section 26 which is
false in any material particular;

(iv) contravenes any regulation under this Act
as to the professional practice, conduct or
etiquette of counsel and attorneys, or the
keeping of accounts by them;

(v) employs any unqualified person, or
permits any unqualified person in his
employ, to engage in any business, matter
or thing in which such a person is
prohibited from engaging under this Act;

(vi) takes an articled clerk otherwise than in
accordance with section 44;

(vii) is otherwise guilty of conduct unbefitting a
counsel and attorney; and

(b) in the case of a registered associate or legal
executive, if the registered associate or legal
executive —

(i) for the purpose of procuring his
registration as a registered associate or
legal executive, produced a certificate
which is false in any material particular or
does not relate to himself, or made any
statement to his employer relating to his
qualifications for such registration which
is false in any material particular; or

Improper con-
duct.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(ii) in any business, matter or thing in which
he is entitled to engage on behalf of his
employer under this Act, acts in any
manner which would, were he a counsel
and attorney, constitute improper conduct
under paragraph (a).

30. (1) There is hereby established a committee to
be known as the Ethics Committee of the Bar Council the
functions of which shall be —

(a) to receive complaints made in respect of the
conduct of counsel and attorneys, registered
associates and legal executives;

(b) to determine whether there exists reasonable
grounds for the making of a complaint and if so
to refer it to the Disciplinary Tribunal where the
Committee considers that should the complaint
be established before the Tribunal the facts of
the complaint would warrant a penalty or order
other than a reprimand;

(c) to reprimand counsel and attorneys, registered
associates and legal executives where the
Committee considers that though the allegations
of a complaint have been made out a reprimand
is the adequate penalty;

(d) generally to uphold standards of professional
conduct for counsel and attorneys, registered
associates and legal executives.

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

31. (1) There is hereby established a tribunal to be
known as the Disciplinary Tribunal the functions of which
shall be —

(a) to hear complaints referred to them by the Ethics
Committee; and

(b) to discipline in the manner provided in section
38 counsel and attorneys, registered associates
and legal executives who are found guilty of
improper conduct.

Ethics Commit-
tee.

Fifth Schedule.

Disciplinary Tri-
bunal.

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(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.

32. (1) The Court upon an application by the Bar
Council may by order prohibit any counsel and attorney,
subject to such conditions and exceptions as may be
specified in the order, from dealing with any monies in an
account in the name of that attorney at any financial
institution, being a counsel and attorney against whom a
complaint is pending before the Disciplinary Tribunal.

(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 —
(a) may be discharged or varied in relation to any

monies; and
(b) shall be discharged when the proceedings on the

complaint before the Disciplinary Tribunal are
concluded in favour of the counsel and attorney.

33. (1) The Court may make a charging order for a
sum not exceeding the amount specified in the 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.

Sixth Schedule.

Restraint order.

Charging order.

CH.64 – 20] LEGAL PROFESSION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(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.

34. (1) Where in consequence of the hearing of a
complaint against a counsel and attorney an order has been
made by the Disciplinary Tribunal for the suspension or
disbarment of the counsel and attorney, the Court may on
an application on behalf of the Bar Council exercise the
powers conferred by subsections (2) to (6).

(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.

35. Any legal proceedings on behalf of or against
the Council, the Ethics Committee or the Disciplinary
Tribunal may be brought by or in the name of the Bar
Council.

Appointment of
receiver.

Proceedings in
name of the Bar
Council.

LEGAL PROFESSION [CH.64 – 21


––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

36. (1) No disciplinary action on a complaint by or
on behalf of a client or former client of a counsel and
attorney shall be taken by the Disciplinary Tribunal against
that counsel and attorney or any registered associate or
legal executive employed by the counsel and attorney
unless the complaint is substantiated under oath by or on
behalf of the complainant.

(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.

Hearing of com-
plaints.

CH.64 – 22] LEGAL PROFESSION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(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.

37. (1) If any person —
(a) on being duly summoned to appear to give

evidence before the Disciplinary Tribunal or the
Ethics Committee does not appear;

(b) being in attendance to give such evidence
refuses to be sworn or to make a solemn
affirmation as may be legally required by the
Tribunal or the Committee to be taken or made
or refuses to produce any document in his power
or control legally required to be produced; or

(c) does any other thing which if the Tribunal or the
Committee had been a court of law having
power to commit for contempt, would have been
contempt of that court,

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.

Powers exercisa-
ble by the Tribu-
nal or Committee
during hearings.

LEGAL PROFESSION [CH.64 – 23


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(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.

38. (1) On the hearing of a complaint the Disciplinary
Tribunal may either dismiss the complaint or make such order
of a disciplinary nature as they think fit, and any such order
may in particular include without prejudice to section 34,
provision for any of the following matters —

(a) striking off the Roll or removing from the
Register of Associates or the Register of Legal
Executives the name of the counsel and attorney,
registered associate or the legal executive, as the
case may be, to whom the complaint relates;

(b) in the case of a counsel and attorney, suspending
the counsel and attorney from practice for a
period not exceeding three years;

(c) payment by the counsel and attorney, registered
associate or legal executive, as the case may be,
of a penalty not exceeding one thousand dollars,
which shall be forfeited to the Crown;

(d) payment by the counsel and attorney, registered
associate or legal executive, as the case may be,
of compensation for any personal injury, loss or
damage resulting from the improper conduct that
is the subject matter of the complaint;

(e) payment by any party of costs or of such sum
other than on a complaint against a legal
executive as the Tribunal may consider a
reasonable contribution towards costs.

(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 —

(a) any evidence and any representations that are
made by or on behalf of the counsel and
attorney, registered associate or legal executive,
as the case may be; and

(b) the means of the person against whom the
compensation order is made, so far as they
appear or are known to the Disciplinary
Tribunal.

Powers of Disci-
plinary Tribunal.

CH.64 – 24] LEGAL PROFESSION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

39. The Registrar shall remove the name of any
registered associate from the Register of Associates —

(a) on receipt of a certificate from the counsel and
attorney whose name is for the time being
entered in the Register in relation to such
associate pursuant to subsection (4) of section
26 that the registered associate is no longer in
his employ;

(b) upon the application of the registered associate;
or

(c) upon the taking effect of an order to that effect
of the Disciplinary Tribunal under section 40 in
relation to the registered associate.

40. (1) Every order made by the Disciplinary
Tribunal under section 38 shall be prefaced by a statement
of their findings on the facts of the case and shall be signed
by the Chairman of the Tribunal.

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

(a) where no appeal under section 54 is brought
against the order within the time limited for the
appeal, on the expiration of that time;

(b) where an appeal under section 54 is brought and
is withdrawn or struck out for want of
prosecution, on the withdrawal or striking out of
the appeal; or

(c) where such an appeal under section 54 is
brought and is not withdrawn or struck out for
want of prosecution, if and when the appeal is
dismissed and not otherwise,

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 —

(a) in the case of a counsel and attorney, in the Roll;
and

(b) in the case of a registered associate, or legal
executive in the Register of Associates or the
Register of Legal Executives as the case may be,

Removal of name
from Register of
Associates.

Orders of Disci-
plinary Tribunal.

LEGAL PROFESSION [CH.64 – 25


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

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.

41. (1) The Bar Council may at any time, upon
application being made by any person whose name has
been struck off the Roll under this Act, determine that such
person’s name shall be restored to the Roll, and shall give
notice of any such determination to the Registrar.

(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.

PART V
LEGAL EDUCATION

42. In the discharge of its responsibility in respect of
legal education under paragraph (b) of subsection (2) of
section 5 the Bar Council may —

(a) prescribe the examinations to be taken and fees
to be paid by candidates for call to the Bar and
persons seeking to qualify as legal executives
and may prescribe different examinations in
respect of persons who possess different
qualifications or have followed or are following
different courses of study;

(b) in respect of any examinations the papers in
which are to be set within The Bahamas —

(i) prescribe syllabuses to be followed and, so
far as may be practicable, in conjunction if
necessary with any other educational
authority, courses of lectures to be given
by suitably qualified lecturers in any
subject included in any such examination;

(ii) prescribe minimum qualifications for
candidates;

Restoration to
Roll of the name
of persons struck
off.

Examinations.

CH.64 – 26] LEGAL PROFESSION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(iii) arrange for the holding of such
examinations at such times (not being less
than twice a year) and at such places as the
Council may appoint, and for the setting,
correcting and marking of all papers and,
generally, for the conduct of the
examinations by suitably qualified
persons;

(c) by regulations make such further and other
provisions as to the Council may appear
expedient for the tuition of students and their
examination, including provision for the
practical training and the examination in The
Bahamas of students or graduates in law of any
university.

PART VI
ARTICLES

43. (1) The Bar Council may make regulations —
(a) prescribing the minimum qualifications for

admission to service under articles;
(b) prescribing the period to be served under articles

for the purpose of qualifying for admission to
practice;

(c) providing for the terms on which articled clerks
may be taken and retained by counsel and
attorneys, and for the conduct, duties and
responsibilities towards each other of the parties
to articles,

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.

44. (1) A counsel and attorney who has not been in
continuous practice in The Bahamas for a period of at least
five years shall not, without the special leave of the Bar
Council, take any person into service as an articled clerk.

Articles.

Restrictions on
taking articled
clerks.

LEGAL PROFESSION [CH.64 – 27


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(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.

45. The Bar Council may of its own motion discharge the
articles of a clerk on such terms as the Council thinks fit,
including terms as to the return of any premium, if —

(a) the counsel and attorney to whom the clerk is
articled is declared bankrupt or his name is
struck off the Roll;

(b) the Council is satisfied after investigation that
the clerk is not of good character; or

(c) upon the application of either the counsel and
attorney or the clerk, the Council is satisfied that
the articles ought to be discharged.

46. (1) The Bar Council may, upon the application
of a counsel and attorney and of an articled clerk, in any
case in which it considers it proper so to do and subject to
any conditions it thinks fit, approve the transfer of the clerk
to the service under articles of such other counsel and
attorney as is willing to take the articled clerk.

(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.

Power to dis-
charge articles.

Transfer of
articles.

CH.64 – 28] LEGAL PROFESSION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

PART VII
POWERS OF INTERVENTION

47. (1) The Bar Council shall exercise the powers
conferred by this section —

(a) where a counsel and attorney has been adjudged
bankrupt or has made a composition or
arrangement with his creditors; or

(b) on the death of a sole counsel and attorney.
(2) The Court, on the application of the Bar Council,

may order —
(a) that no payments shall be made without the

leave of the Court by any person (whether or not
named in the order) of any money held by him
(in whatever manner and whether it was
received before or after the making of the order)
on behalf of the counsel and attorney; or

(b) that any money to which the order applies, and
the right to recover or receive the money, shall
vest in the Bar Council to be held by the Bar
Council on trust for the persons beneficially
entitled to such money.

(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.

Intervention in
counsel and at-
torneys practice
with respect to
money.

LEGAL PROFESSION [CH.64 – 29


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(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.

48. (1) The Bar Council may give notice to a
counsel and attorney or his firm requiring the production or
delivery to any person appointed by the Bar Council at a
time and place to be fixed by the Bar Council, where the
powers conferred by this section are exercisable by virtue
of paragraph (a) of subsection (1) of section 47, of all
documents in the possession of the counsel and attorney or
his firm in connection with his practice.

(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.

Intervention in
counsel and at-
torney’s practice
with respect to
documents.

CH.64 – 30] LEGAL PROFESSION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(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.

49. (1) The powers in relation to sums of money and
documents conferred by sections 47 and 48 shall be
exercisable notwithstanding any lien on them or right to
their possession.

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

General provi-
sions relating to
intervention in
counsel and at-
torney’s practice.

LEGAL PROFESSION [CH.64 – 31


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LRO 1/2006 STATUTE LAW OF THE BAHAMAS

(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.

50. The reference to “legal proceedings” in section
177 of the Evidence Act shall be deemed to include a
reference to an inquiry or proceeding before the
Disciplinary Tribunal, the Ethics Committee or
proceedings by the Bar Council under this Act.

PART VIII
LEGAL EXECUTIVES

51. (1) The Registrar shall maintain a register to be
known as the Register of Legal Executives in which the
names of persons employed by counsel and attorneys as
legal executives shall be recorded.

(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.

Application of
section 177 of
Ch. 65.

Legal Executives.

CH.64 – 32] LEGAL PROFESSION





STATUTE LAW OF THE BAHAMAS LRO 1/2006

52. The Registrar shall remove the name of any legal
executive from the Register of Legal Executives upon —

(a) the application of the legal executive; or
(b) the taking effect of an order to that effect of the

Disciplinary Tribunal under section 40 in
relation to the legal executive.

53. The Attorney-General after consultation with the
Bar Council may make regulations in respect to the work
to be done by legal executives and without prejudice to the
generality thereof as regards —

(a) appearances before a tribunal or other authority
by a legal executive on behalf of the counsel and
attorney in whose service the legal executive is
employed; and

(b) the type or group of legal matters which a legal
executive may or may not perform on behalf of
a counsel and attorney.

PART IX
MISCELLANEOUS

54. (1) Any person aggrieved by —
(a) the failure or refusal of the Bar Council to make

a determination in his favour under subsection
(2) of section 12;

(b) an order made by the Ethics Committee under
paragraph (c) of subsection 2 of section 30;

(c) an order made by the Disciplinary Tribunal
under section 38 in relation to a complaint made
by or against him; or

(d) the discharge by the Council of his articles, or
by the terms on which his articles are discharged
by the Council, under subsection (5) of section
44 or under section 45,

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.

Removal of name
from Register of
Legal Executives.

Functions of le-
gal executives.

Appeal to the
Court of Appeal.

Ch. 52.

LEGAL PROFESSION [CH.64 – 33


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

55. The Bar Council may, with the approval of the
Governor-General, make regulations —

(a) regulating in respect of any matter the
professional practice conduct, etiquette and
discipline of counsel and attorneys, registered
associates and of legal executives and providing
for or regulating the making of complaints to the
Ethics Committee;

(b) regulating the hearing and determination of
complaints by the Ethics Committee or the
Disciplinary Tribunal;

(c) as to the opening and keeping by counsel and
attorneys of accounts at banks for clients’
money; the keeping of accounts containing
particulars of money received, held or paid by
counsel and attorneys for or on account of
clients; and empowering the Bar Council to take
such action as the Council may consider
necessary to ascertain whether or not such
regulations are being complied with;

(d) in respect to the dues to be paid to the
Association by members of the Bar Association;

(e) generally for the better carrying out by the
Council of its functions under this Act;

(f) prescribing any matter or thing authorised by
this Act to be prescribed.

56. Any person who procures the registration of
himself or of any other person as a registered associate or
as a legal executive by any false or misleading certificate
or statement is guilty of an offence and liable on summary
conviction to a fine not exceeding five thousand dollars or
imprisonment for three years or to both such fine and
imprisonment.

57. (1) The Governor-General may by order amend
the First Schedule.

(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.

Regulations.

Offences.

Amendment of
First Schedule.

Ch. 2.

CH.64 – 34] LEGAL PROFESSION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(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.

FIRST SCHEDULE (Sections 10, 11, 19(3), 57)

QUALIFICATIONS FOR ADMISSION
PART A

A person is qualified for admission to practice under this
Part of this Schedule if —
(a) he has been called to the Bar of England, Scotland,

Northern Ireland or Eire, or of such other country, whether
within the Commonwealth or not, as may be prescribed; or

(b) he has been admitted to practice as a solicitor in the
Supreme Court of England, Scotland, Northern Ireland or
Eire, or of such other country, whether within the
Commonwealth or not, as may be prescribed.

PART B
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.

PART C
A person is qualified for admission to practice under this

Part of this Schedule if he —
(a) holds a degree in law from a university or institution

approved by the Bar Council and the Council of Legal
Education of the West Indies as being academically
equivalent to a Bachelor of Laws degree from the
University of The West Indies;

(b) is a person who completed the period of articleship
required by subsection (2) of section 43 with a counsel and
attorney in actual practice in The Bahamas and such
articles began on or before the expiration of two years from
the appointed day or on such later date as the Attorney-
General may by order designate;

(c) has passed the examinations approved by the Bar Council
and the Council of Legal Education of the West Indies for
the purposes of this Part.

6 of 1997, s. 2.

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SECOND SCHEDULE (Section 12)

QUALIFICATIONS FOR ADMISSION
Certificates to Accompany Application for Admission

Qualification Certificate

1. Where the
qualification
claimed falls under
Part A of the First
Schedule.

A certificate from the competent
authority in the country in which the
applicant claims to have been called to
the Bar or admitted to practice, as the
case may be, that the applicant has been
so called or admitted to practice.

2. Where the quali-
fication claimed
falls under Part B
of the First
Schedule.

A Legal Education Certificate from the
Council of Legal Education of the West
Indies.

3. Where the quali-
fication claimed
falls under Part C
of the First
Schedule.

(a) A certificate from the university
establishing, in the opinion of the Bar
Council, that the applicant has passed
the final examination of that
university and has been awarded a
first degree in law;

(b) a certificate from the Bar Council
that the applicant has passed the
examination approved by the Bar
Council for the purposes of Part C;

(c) a certificate from each of the counsel
and attorneys whom the applicant has
served as an articled clerk sufficient
to establish that the applicant has
served such period of articles as is
required by or under section 43; and

(d) a certificate from the Council of
Legal Education of the West Indies
that the applicant has satisfactorily
completed a six month course of
legal training organised by the
Council.



CH.64 – 36] LEGAL PROFESSION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

THIRD SCHEDULE (Section 13)

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.”

FOURTH SCHEDULE (Section 26)

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.

FIFTH SCHEDULE (Section 30)

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.

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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.

SIXTH SCHEDULE (Section 31)

DISCIPLINARY TRIBUNAL
1. The Disciplinary Tribunal shall consist of —

(a) two judges of the Supreme Court appointed by the Chief
Justice;

(b) two persons selected from outside the legal profession
appointed by the Attorney-General; and

(c) seven counsel and attorneys of not less than seven years
standing at the Bar appointed by the Bar Council.
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 —
(a) a Chairman who shall be one of the judges appointed under

paragraph 1(a); and
(b) not less than three other members one of whom must be a

person appointed under paragraph 1(b),
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.