An inside view of the legal profession

The legal profession has come under fire from time to time. We have heard negative statements such as they do not pay income tax and that they charge high fees. This profession appears to be the most despised, and it is a wonder that it attracts some of our best scholars.{{more}} While it is widely recognized that lawyers are needed to interpret the law, many people believe that legal services are unnecessary expenses. Moreover, the court system is generally adversarial and matters in court very often involve contentious issues in which there are losers and winners. Not every loser can accept losses, so there is the tendency to blame someone.

A new breed of lawyer

I do not attempt to speak for the older lawyers who established themselves up to the 1980s. I speak of a new breed of lawyers of the 1990s and the 2000s. The list of lawyers grows every year, while matters appear to diminish, but universities cannot close until there are sufficient matters to go around.

Opportunities

The travail of the new lawyer starts when he leaves Law school to enter the job market. He incurred tremendous expenses in loans that he must carry for a considerable period of his life, unless there is a rich parent to foot the bill. A lawyer must first obtain a bachelor of laws degree, a course of study for three years. Unlike some courses, this does not entitle him to a job immediately. He must go on to secure professional training in England or in one of the three law schools in the Caribbean. On completion, he may have to find a job overseas or seek one locally, either in existing chambers, with the government, or set up chambers/office. Jobs are scarce and hard to come by. The vacant positions that may exist in the Legal Department require five or more years experience. There has not been a Solicitor General for some time now.

Setting up chambers

There is no other profession where persons have such massive initial and ongoing expenses, especially that associated with books and legislation, which are the tools of the lawyer. On the 1st of June, 2011, the 1990 edition of the laws of St. Vincent and the Grenadines will be replaced by another revised edition at a cost of US$3950.00 (EC$10,665.00). So there goes my investment in the old edition. After this, one must purchase every year the Acts and Statutory Rules and Orders (a collection of laws made by parliament each year) and the annual Index to the SVG laws (printed by UWI Law library)

Other purchases

Another compulsory purchase is Civil Procedure Rules (CPR) for lawyers who practice civil law. One must have access to Law reports, which are bound once or twice per year. I refer to the West Indian Law Reports. There is a series from 1958 which costs some 8250 pounds (EC$36,300.00). It is desirable to have the Halsbury’s Laws of England collection in one’s possession, but this is another expensive purchase. Books from Lexis Nexis and Butterworth rarely cost less than one hundred pounds. It is only a dream for the new lawyer to have a proper functioning library. One is required to know the old law and the recent precedents. A few online sites provide precedents free of charge.

Other expenses

A Kingstown office would attract a rent of no less than $1500.00. Then there are the usual overheads. Office furniture, computer and printer, among others, are required, and at least two clerical staff members have to be paid each month. Hard economic times are impacting on all professions and the lawyers may not be as fortunate as many want to think. There is the belief that they are more highly rewarded than others, but this might not be so for the majority of lawyers. More on this next week.

A new Bar Executive

A new Bar Association Executive has been elected after a two-year period in limbo. Elections were constitutionally due since 2009. It is hoped that the new executive would perform well and work for the good of its members and that of SVG.

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