To the general public, lawyers may sometimes appear to be a mysterious and cloistered group, shrouded in mystique and governed by a set of rules which the layman finds puzzling and difficult to understand. It might also seem that lawyers converse in a secret language which only they can comprehend, using antiquated words like “notwithstanding”, “hitherto”, and “aforementioned”. Why, you may ask, are laws not written in plain English which everyone can easily grasp? And why do lawyers dress in black gowns and white bands, and address each other as “my learned friend”?

The answers to these and many other questions can only be discovered by an examination of the history of the legal profession as it evolved in England, the birthplace of our common law system of law. You will be very thankful to learn that I do not intend to even begin to undertake such an examination. Suffice it to say that every rule that governs the legal profession today developed for a very good and sensible reason and that the underlying traditions and customs behind them were developed over centuries. While some of these traditions do in fact seem out-dated today and superseded by the demands of modern society, it is not however always easy to break with the past.

The Legal Profession
Traditionally, the legal profession is divided into two branches, namely barristers and solicitors. Essentially, barristers are advocates who have a right of audience before the Court and therefore are the ones who actually present a case in court. Solicitors generally do not have such a right of audience before the court, but instead perform the preparatory work before the case is handed over to a barrister. They also perform non-contentious legal work; ie, work which does not require a court appearance such as the preparation of wills and drawing up contracts.

This distinction still exists in the United Kingdom and in the West Indies the terminology is still used. However, to all intents and purposes the legal profession in the West Indies is now a “fused” one, meaning that lawyers can perform the functions of both a barrister and a solicitor.
The Legal Profession in the West Indies
Very often youngsters in High School come up to me and ask what is required to become a lawyer. A young, or not so young, person wishing to pursue the study of law in the English speaking Caribbean can take a number of alternative routes. The first step is to obtain a Bachelor of Laws (LLB) degree, which takes three years. The ideal way to do this is to seek to gain admission to the Faculty of Law of the University of the West Indies. However, Anguilla has only been allocated one or two places per year at the Law Faculty, which can make admission very difficult if there are several Anguillian applicants. A second good option is to apply to one of the many universities in the United Kingdom that offer the LLB degree. Studying law in the U.K. will not be very different from studying at UWI, because our legal systems are so closely patterned after that of England. A third option is to enter a university in a country like the United States which has a system of law based on English common law, even though in some areas the law has developed differently to the West Indies or England.

The LLB is very academic in nature. The law student will study many different areas of law, including the most basic and fundamental areas such as criminal law, equity, land law, constitutional law and the law of contract. In the final year one usually has the option to study areas of special interest, such as company law, thus forming the basis for specialisation in the future.

The second step is to gain admission to one of two laws school operated by the Council of Legal Education in Trinidad and Jamaica. These studies are somewhat more practical in nature and in addition to more academic studies involve court attendances, mock trials and assisting actual clients at a Legal Aid Clinic run by each law school. The Certificate of Legal education is awarded after two years.

The final step is to be admitted to practice at the Bar. In countries where many students graduate at the same time this may simply involve several dozen new lawyers taking the oath simultaneously and being addressed by the judge, who admonishes them to uphold the noble principles of the legal profession. However, in Anguilla where there may be only one new Anguillian lawyer per year, one does not get away that easily. Here, the admission normally takes place in open court and the hapless newcomer must stand up and deliver his or her first speech before a courtroom packed with other lawyers, relatives and friends and even the press.

In conclusion, the legal profession is one that I would encourage any young person to seriously consider entering. It is the one profession that embraces and encompasses every other area of life. A lawyer is often almost a priest and psychiatrist, not to mention friend and support system to his clients. At the end of the day there is no greater satisfaction than to know that you have done your very best to ensure that your client obtains the solution and relief that he is seeking.

Alex Richardson is Managing Partner of the law firm Alex Richardson & Associates, P O Box 371, The Babrow Building, The Valley, Anguilla, Tel: 264 498 4224, Fax: 264 498 4220, email: arichardson@anguillanet.com. He is also Managing Director of Paragon Corporate Services Ltd.

| Printer-friendly page | Send this article to a friend |

World News