New law term and lawyers

On September, 20th 2007, the member States and territory of the Eastern Caribbean Supreme Court commenced the new law term for the year 2007-2008. In St Vincent and the Grenadines, it was marked with the usual pomp and ceremony.{{more}} The celebration came in the form of an ecumenical church service at the St. George’s Cathedral in Kingstown, a parade of judicial officers led by the St. Vincent and the Grenadines Police Band on Back street, and a special sitting in the Court House.

Within recent times, the ceremony, which used to mark the opening of the Criminal Assizes, is now associated with the opening of the new law year. The new law year starts some time in mid September when the Court’s vacation comes to an end. The Court goes on vacation three times per year, with the longest vacation being taken from August 1st to about mid September.

Special sittings

One of the important events is the special sitting where the lawyers gather to listen to the annual report of the Chief Justice. His speech is broadcast simultaneously to the Eastern Caribbean Supreme Courts through the courtesy of Cable and Wireless. Each state or territory gets a turn to host the Chief Justice and the Justices of the Appeal on this special occasion. This year, the proceedings were conducted in Grenada, and the Chief Justice, who is now Sir Brian Alleyne, delivered the keynote address.

After his address, members of the Bar took turns to address the gathering. It is customary for all Queen’s Counsels, the president of the Bar and a representative from the Utter Bar to deliver speeches on matters that affect the legal profession and the court. The session is usually concluded with a speech from the Bench. This year, the senior resident judge, Justice Frederick Bruce Lyle, lamented on the present state of the Bar and called for younger persons to invigorate the organization to bring status and credibility.

From time immemorial, lawyers have been hated and distrusted by the populace. They have been the subject of some outrageous jokes, and in some instances quite deserving of same. According to Plato, the layman views lawyers as “small unrighteous souls”. Also in St. Luke’s Gospel, Chapter 11:46, Jesus said, “Woe unto you also ye lawyers”.

Despite these indictments and open condemnation, many parents advise their children to become either a doctor or a lawyer, and, indeed, some of our brightest scholars make the legal profession their choice. The contradiction becomes more complicated as many lawyers go on to occupy important positions of trust in our society. The legal profession, like other professions, attracts both good and bad, but unfortunately there is the tendency to paint everyone with the same brush.

There is a certain degree of conflict inherent in the profession, and this could be attributed, in part, to the nature of the job. Matters are settled by way of the adversarial process where “brothers are pitted against brothers, husbands against wives and citizens against citizens”. In short, the court deals with, by its nature, contentious matters. Added to the battles are the numerous delays which frustrate the litigants in their quest for justice. A case ends with a loser and a winner and quite a bit of bad blood. As human nature would have it, the loser will find it hard to accept a loss, and no one is going to thank one’s lawyer for losing. This is not an excuse for the lawyers who have been dishonest and unprofessional and who bring the profession into disrepute. Then there is the sore spot of fees and costs which I will revisit in my next article.

Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com