High Court judges in the Virgin Islands have during the past two years admitted scores of England-trained lawyers to practise in the VI, but nearly all of them went back to England, Hong Kong, or their countries of origin. They took advantage of the existing law in the territory to be licensed in the VI for a peppercorn fee.
Reports state that in the next couple of years, the VI would be flooded with local lawyers since more than 30 are now studying in the United Kingdom and would be admitted to practise in the VI under Section 68 of the West Indies Associated States Supreme Court (Virgin Islands) Ordinance, Cap 80 of the Revised Edition 1991 of the Law of the VI after they successfully complete their studies.
The VI, unlike all the states in the Caribbean Community, did not sign the treaty setting up the Council of Legal Education. Under that treaty, England-trained lawyers who qualify after the mid 1980s have to undergo a six-month professional training course at one of the region’s three law schools — Norman Manley in Jamaica, Hugh Wooding in Trinidad or Eugene Dupuch in the Bahamas — before practising law in the Caribbean.
Recently there has been an influx of applicants to the Inns of Court in England since the qualification for admissions has been reduced. The four Inns of Court no longer require an LLB law degree: Any degree is accepted. It seems therefore that England-trained lawyers who are admitted in the VI may not be allowed to practise in Caricom countries that signed the CLE treaty.
Proposed bill
Meanwhile, steps are being taken to amend the Legal Professions Bill in the VI. It was tabled twice in the House of Assembly, but it seems as if the lawmakers from both sides cannot make up their minds.
The new bill, if passed into law, would fundamentally recast the regulation of the profession within the jurisdiction. Key function is admission to practise and the validation of training institutions and pupillages. The present rules allow England-qualified lawyers to be admitted to practise law in the VI days after being admitted to practise in the United Kingdom. No experience is required. Of course, VI lawyers who trained in the UK enjoy the same privilege.
And because of the impending legislation there is a mad rush by overseas lawyers to be admitted — an average of about two per week. The government gets a pittance from the admission: a ridiculous one-time fee of $100. There is no renewal fee. Some of these lawyers came down to the VI to be admitted and journey back to London and Hong Kong as VI lawyers and ultimately compete against VI-based lawyers. A few of them after being admitted took photographs with their wig and gown outside the court house in Road Town, presumably to show their colleagues in the UK — even though wigs are now not worn by lawyers or even judges in the VI and other Caribbean countries and territories.
Admission criteria
If the new bill is passed in the House, the new admission criteria will treat UK-qualified lawyers less favourably than the existing regulations. This is because they will have to prove that they have five years of prior professional practice experience before they will be eligible to apply for admission in the territory. This is in contrast to the requirement for lawyers who trained in the West Indies: an LLB degree from the University of the West Indies and two years of professional training from one of the three law schools.
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