Senior QC blasts bar council selection rules
for Queen's Counsel status.
That is the view of veteran lawyer Mr. Arnold Francis, QC, in the wake of the row which has split the local legal fraternity.
Mr. Francis, the first Bermudian to become a QC, also suggested another solution.
He said members of the Bar Council -- who comment on all QC applications -- should have at least 15 years experience as a lawyer.
This would avoid the problem of junior attorneys deciding the suitability of a senior lawyer's application.
But Mr. John Riihiluoma, president of the Bar Association and member of the Bar Council, yesterday took a swipe at this idea.
He said the role of the Bar Council was to represent a cross-section of lawyers, both senior and junior.
"I think the proposal would be an extreme measure which would defeat the whole purpose of having a Bar Council,'' he said.
Mr. Riihiluoma, however, welcomed the idea of a separate body to review applications.
"I think that may be desirable,'' he said.
Last week Mr. Riihiluoma revealed the system of awarding QCs would be scrutinised.
It could lead to the system being scrapped, or overhauled.
In Bermuda, under rules passed in 1988, lawyers of 15 years standing can apply for the title, and their applications are commented on by the Bar Council and Chief Justice.
QC requirements in England are more stiff, with only barristers of long courtroom experienced being considered.
The title enables a lawyer to push up fees for his clients, and wear silks instead of cotton.
Attorney Mr. Francis received his QC through Britain.
Anger over Bermuda's QC system has flared after former Opposition Leader Mrs.
Lois Browne Evans, a lawyer for 35 years, failed in her bid to become a QC.
Progressive Labour Party leader Mr. Frederick Wade, also her law partner, described it as an "insult,'' saying Bermuda would be shocked at the decision.
Deputy Premier the Hon. Ann Cartwright DeCouto, an attorney for 24 years, was scathing in her condemnation of the Bar Council.
She said the QC system smacked of "intellectual dishonesty,'' and led to the risk of mediocre lawyers with the title being able to increase fees.
The QC system was also lambasted in an editorial in The Royal Gazette , which attacked Mrs. Browne Evans' failure to receive the title.
In a letter to the paper, Mr. Francis said the editorial was "dead on''.
"There is wide support for your reaction to the decision in respect of this leading and senior member of the local Bar.'' Mr. Francis backed the requirements for QC applicants to be experienced, and "considered to be of eminent stature in the practice of law in Bermuda''.
But he said the Bermuda Bar (Queen's Counsel) Rules had one flaw.
"In my view, the defect in the Rules is that no restrictions are placed on the question of the seniority of the members of the Bar Council, who are given the duty of adjudging the suitability of the applicant.
"The result is that you may have members of the Council many years junior to the applicant who are given the responsibility of commenting on the suitability of a senior member of the Bar.
"To cure this anomaly, it seems to be that a qualification for the Bar Council should be practitioners of not less than fifteen years standing, or alternatively, a committee of the Association of the Council comprising lawyers of not less than fifteen years admission should be empanelled to advise on applications for becoming a QC.'' Mr. Francis added: "Finally, I trust that Mrs. Browne Evans might be persuaded to resubmit her application, so that what is clearly a travesty might be redressed.''