Fairer system to be set up
due to be set up.
Today the House of Assembly is set to debate a new bill streamlining the grievances procedure -- and ending a David and Goliath situation where laypersons had to argue their case before a panel of expert lawyers.
A new Professional Conduct Committee to hear claims of improper conduct and decide if they merit going before a Disciplinary Tribunal, instead of leaving complaints to the Bar Council, is also planned.
Bermuda Bar Association chairman Narinder Hargun said: "There is a feeling things are not dealt with as quickly as they could be.
"The new legislation proposes that another body consisting of members of the Bar Council and members of the Association will deal with complaints against barristers. It's hoped that will provide a more streamlined system.'' Mr. Hargun explained that, under the present system, a member of the public would be in the situation of having prepare their complaint and argue it themselves.
He said: "It's asking too much to have people formulate the charge, prosecute and see it through. Under the new system, the disciplinary committee will appoint a member to take over the case and see it through.'' The Professional Conduct Committee will also meet when required, unlike the Bar Council which meets once a month.
A Government spokeswoman said the new legislation, the Bermuda Bar Amendment Act 1997 -- based on the English model -- was drawn up after views expressed by the Bar Council that the system needed to be streamlined.
And Mr. Hargun pointed out that a new system would have advantages for the profession as well as the public by speeding up the process -- and possibly removing a cloud over the head of a wrongly accused lawyer.
Mr. Hargun said: "It's important to make the system more accessible, both in the interests of the public and the barrister complained of.'' The bill also makes provision for situations where, when serious charges of misconduct are proved, the findings of the hearing can be published in the official gazette.