Legal Profession (General) Regulations

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/2004/2004-0011/LegalProfessionGeneralRegulations_1.pdf
Published: 2004-02-09

Legal Profession (General) Regulations
LEGAL PROFESSION [CH.64 – 53



––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

THE LEGAL PROFESSION (GENERAL)
REGULATIONS, 2004

(SECTION 55)
[Commencement 9th February, 2004]

1. These Regulations may be cited as the Legal
Profession (General) Regulations, 2004.

2. In these Regulations —
“Association” means The Bahamas Bar Association;
“Council” means the Bar Council constituted under

section 4 of the Act;
“Secretary” means the Secretary of the Bar

Association;
“the Act” means the Legal Profession Act;
“financial member” means a member who has paid

all monies due to the Association.
3. There shall be due and payable by every

member of the Association, on the first day of July in every
year, the annual dues specified in the First Schedule.

4. (1) Every member of the Association shall have
the right to attend annual general meetings of the
Association but no member shall be entitled to stand for
election to Council as a candidate or vote at any meeting
unless all money due from that member to the Association
has been paid.

(2) Every member of the Association entitled to
vote shall have one vote, except where a member has been
appointed as a proxy he shall have one vote in respect of
each proxy held.

(3) In the case of an equality of votes, the Chairman
shall have a second or casting vote.

5. (1) The Secretary shall not less than twenty-one
days before an annual general meeting, give notice of the
meeting to members.

(2) The notice referred to in paragraph (1) shall be
in the form specified in the Second Schedule.

6. The President of the Association shall be the
Chairman at any meeting of the Association and in the

S.I. 11/2004

Citation.

Interpretation.

Ch. 64.

Membership
dues.

First Schedule.

Annual General
Meetings.

Notice of annual
general meeting.

Second Schedule.

Chairman.

CH.64 – 54] LEGAL PROFESSION





STATUTE LAW OF THE BAHAMAS LRO 1/2006

absence of the President, the Vice President, or such other
person as the members may elect, shall act as Chairman.

7. (1) Any financial member may deliver to the
Secretary at least fourteen days before the day of the
annual general meeting the nomination in writing of any
person eligible for election as officers of the Association
and Council and such nominations shall be signed by two
financial members of the Association.

(2) Nominations may also be made from the floor of
the annual general meeting.

(3) The result of the election shall be ascertained by
counting the votes given to each member nominated and
the member receiving the greatest number of votes shall be
declared to be elected.

8. (1) No officer of the Association or member of
the Council shall receive any payment or emolument for
services rendered to the Association or the Council but
each member may be paid reasonable travelling and living
expenses when engaged in the business of the Association
or Council.

(2) The Association may employ such staff as is
necessary for the carrying out of its functions under the
Act.

9. (1) An extraordinary general meeting of the
Association may be held upon —

(a) the resolution of the Council; or
(b) the delivery to the Secretary of a written request

of not less than ten per centum of the financial
members,

for the purpose of conducting the business specified in the
resolution or requisition.

(2) The Council shall, not less than two days before
an extraordinary general meeting, give notice of the
meeting to members unless in the opinion of the Council
the exigent circumstances require less notice.

10. (1) At any general meeting, unless a poll is
demanded by the Chairman or by at least two members
having the right to vote at the meeting, a declaration by the
Chairman that a resolution has been carried by a particular
majority, or lost, and an entry to that effect in the minutes
of that meeting, shall be conclusive evidence of the fact

Election of
Council
members.

No remuneration
for officers or
Council
members.

Extraordinary
General
Meetings.

Voting.

LEGAL PROFESSION [CH.64 – 55



––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

without proof of the number or proportion of the votes
recorded in favour of or against the resolution.

(2) If a poll is demanded, the same shall be taken in
such manner as the Chairman directs and the result of the
poll shall be deemed to be the Resolution of the meeting at
which the poll was demanded.

11. (1) On a poll, votes may be given personally or
by proxy.

(2) A proxy shall be appointed in writing under the
hand of the appointor.

(3) The instrument appointing a proxy shall be
posted via registered mail or delivered by hand to the
Secretary before the meeting at which the person named in
such instrument proposes to vote.

(4) An instrument appointing a proxy shall be in the
form specified in the Third Schedule.

12. (1) An applicant for general admission to
practise shall provide thirteen copies of the following to the
Bar Council six weeks before the next date of call —

(a) a petition;
(b) an affidavit in support of the petition;
(c) an affidavit pursuant to section 12 of the Legal

Profession Act;
(d) a curriculum vitae;
(e) copies of all professional certificates;
(f) a copy of the first four pages of passport; and
(g) three character references, two of which should

be from local attorneys with at least five years of
call and in good financial standing.

(2) The applicant shall also provide the Bar Council
with —

(a) a telephone contact; and
(b) the name and date of call of the attorney

presenting the petition.
(3) The processing fee for general call applicants

shall be one hundred dollars.
13. (1) An applicant for special admission to

practise shall provide thirteen copies of the following to the
Bar Council thirty days before the next regular meeting of
the Bar Council —

Voting by proxy.

Third Schedule.

General
admission.

Ch. 64.

Special
admission.

CH.64 – 56] LEGAL PROFESSION





STATUTE LAW OF THE BAHAMAS LRO 1/2006

(a) a letter of application;
(b) an affidavit by local counsel which shall include

details of —
(i) the parties to the action;
(ii) the nature of the matter;
(iii) the stage of proceedings;
(iv) the complexity of the matter;
(v) evidence of the non-availability of local

counsel; and
(vi) evidence that the interest of justice will be

served.
(c) two character references;
(d) a certificate of Good Standing from the

applicant’s Bar;
(e) a curriculum vitae; and
(f) copies of all professional certificates.
(3) A non-refundable processing fee of one

thousand dollars shall be payable to the Bar Council by the
applicant.

(4) The Bar Council shall determine the application
and if the application is approved, the Bar Council will
notify the applicant, the Chief Justice, the Registrar of the
Supreme Court and the Director of Immigration of its
determination.

(5) Where the Bar Council is minded to refuse the
application, it shall notify the applicant pursuant to section
12(2) of the Act and the applicant shall be required to reply
within fourteen days.

(6) On approval of the application the sum of seven
thousand dollars shall be payable to the Association as
membership dues for such an application and shall be
payable in respect of each and every approval given,
except in the case where the Office of the Attorney-
General is applying for special admission, the prescribed
fee for such approval shall be one thousand dollars.

14. (1) The Ethics Committee shall consider
complaints against attorneys made in writing and shall
notify the attorney concerned in writing who shall respond
in writing within fourteen days.

Complaints to
Ethics
Committee.

LEGAL PROFESSION [CH.64 – 57



––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
LRO 1/2006 STATUTE LAW OF THE BAHAMAS

(2) Failure by the attorney to respond within the
specified time may result in the Committee making a
determination without further reference to the attorney.

(3) The Ethics Committee may after receiving the
attorney’s response either —

(a) hear parties in the matter;
(b) request further representations.
(4) The Ethics Committee shall advise the

complainant of the decision of the Committee.

FIRST SCHEDULE (regulation 3)

THE BAHAMAS BAR ASSOCIATION
MEMBERSHIP DUES



A. A counsel and attorney of less than 5 years
standing at the Bar

$250.00

B. A counsel and attorney of 6 – 10 years or more
standing at the Bar

$350.00

C. A counsel and attorney of 10 years and over
standing at the Bar

$500.00



SECOND SCHEDULE (regulation 5)

THE BAHAMAS BAR ASSOCIATION NOTICE OF
ANNUAL GENERAL MEETING



Take Notice that pursuant to section 6 of the Legal Profession Act, the
annual general meeting shall be held at

on the day of 20
The term of office for the following members of the Council will

expire in accordance with section 4 of the Legal Profession Act, and are (not
eligible for re-election/eligible and will offer themselves for re-election).

___________________________________ (Member’s Name)

___________________________________ (Member’s Name)

___________________________________ (Member’s Name)

The following members of the Association have been proposed and
seconded for election on the Council and have consented to act if elected.

_______________________ proposed by ______________________
and seconded by __________________________________________

CH.64 – 58] LEGAL PROFESSION





STATUTE LAW OF THE BAHAMAS LRO 1/2006

It would be appreciated if this could be done in writing to the Secretary
of the Association before the meeting so that proposals from the floor during
the meeting, although perfectly in order, may be minimized and time saved.

You will find enclosed with this Notice a report of the proceedings of
the Bar Council in respect of the period and a form of Proxy.

Proxies should be posted by registered mail to the Secretary of the
Association at P.O. Box N-4632, Nassau, The Bahamas, or delivered by hand
to the Secretary prior to the commencement of the meeting.



THIRD SCHEDULE (regulation 11)

THE BAHAMAS BAR ASSOCIATION PROXY

I, , being a financial member of The

Bahamas Bar Association hereby nominate and appoint _____________ or

failing him _______________ as my proxy to vote for me and on my behalf at

the Annual General Meeting of the Bar Association to be held on

the day of A.D. 20 and at any
adjournment thereof.

Dated: _________________________

Signature: ______________________
Approved the day of , 20


_________________________
Authorised Signature
Bahamas Bar Association
Read Entire Law on laws.bahamas.gov.bs