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Understanding the Law
June 3, 2011

An inside view of the legal profession- Part 3

It is often said that the legal profession is a lucrative profession, and for this reason, some scholars may have been drawn to it.{{more}} The reality is that the jobs that are available on a regular basis are already taken. These are jobs that are associated with the banks, the credit unions and some established companies. The older lawyers who have been in control for many years continue to guard their territory fiercely. The banks and credit unions provide them with regular conveyance jobs that help them to meet the expenses of overhead and staff.

Limited jobs

It is difficult for the new lawyer to break into territory already occupied. The remaining jobs that exist in the area of civil law are limited and do not provide the high rewards that many outsiders talk about. These include possessory titles, correction of errors, and collection of debts among others. There is not an abundance of work to go around, with the effect that many of the young lawyers have to seek employment abroad. There is no doubt that there are some very prosperous lawyers who are well placed, but as is the case with other professions, not all lawyers are raking in super cash and benefits.

Costs

The costs for matters in court are given by law and when the judge delivers judgment the cost is also given. One of the major considerations is the amount of money involved. Part 65 of CPR 2000 provides guidance for determining costs.

The court has discretion as to the amount of costs to be allowed to a party and this is based on what is reasonable. It takes into consideration several factors, including “the care, the speed and economy with which the case was prepared; the degree of responsibility accepted by the legal practitioner”, among others. It also provides for cost to be quantified as fixed, prescribed or budgeted as the case may be.

Hence contrary to popular opinion, there are mechanisms for determining costs, and if your cost is high, it could mean that your matter involved high sums of money. Like jobs in some other professions, where there are no fixed costs, the size of the job is taken into consideration in determining costs.

The Revised laws of SVG

By the time this article reaches you, the Revised Edition (2009) Laws of Saint Vincent and the Grenadines will already be in effect, as it was scheduled to come into effect on June 1, 2011. The unexpected high cost is still the talking point, and I doubt that many lawyers have purchased their copies because there is already talk about group purchasing to reduce cost. It is very likely that some lawyers may have to get a loan to purchase this important tool of the trade. We are not as fortunate as the lawyers of Belize who can access their laws from the Internet free of charge. I have only had a fleeting glance at the laws and would have to bring you a more detailed account later on.

Nonetheless, I can tell you that the laws have moved from eight to fourteen volumes and include the old laws in the 1990 edition, in addition to all the Acts and SR&Os that have been passed since 1990. Parliament will continue to make amendments and new laws, and in the next twenty years, there could be another Revised Edition.

Ada Johnson is a solicitor and barrister-at-law.

E-mail address is: exploringthelaw@yahoo.com

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