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Law change rush 'all for Hall', claims barrister

Harry Kessaram

A leading barrister suggested yesterday that Government's "prime motivation" in changing the law quickly to allow bankrupt lawyers to practise appeared to be the Island's sole bankrupt barrister: Julian Hall.

Harry Kessaram, a member of the Bar Council, told The Royal Gazette: "It's as plain as the nose on your face."

His comments came as it was revealed that a group of lawyers has asked Bermuda Bar Association for a special general meeting on the proposed Bermuda Bar Amendment Act 2008.

Deputy Opposition Leader Trevor Moniz said he was behind the request and asked other lawyers to sign it because he felt there had been a serious lack of consultation by Government.

The change in the law to let bankrupt lawyers practise here for the first time since 1984 was tabled in the House of Assembly last Friday.

Former PLP MP Mr. Hall is thought to be the Island's only bankrupt lawyer; he would be able to gain a practising certificate from the Bar Council if the legislation is passed.

Mr. Kessaram told this newspaper he had not signed the request for a meeting but agreed that one should be held. "I think it's a good idea. Government has come up with a draft bill and it's a bit thin."

He added: "I would hope that the Government would not rush this thing through but give all the Bar time to reflect on the provisions and make sure we come up with some decent legislation to ensure the public is protected."

Mr. Kessaram said the Bar Council, the Bar Association's elected governing body, agreed with the change in principle but he had hoped to see more detail about the safeguards to be put in place.

Members of the Bar were given just three days earlier this month to comment on the proposal. Asked if such a consultation period was normal for an amendment to the Bermuda Bar Act, Mr. Kessaram said: "Is this normal or not? I suspect not."

He said it was not for him to speculate on why Government appeared to be rushing the legislation through but added: "How many lawyers are bankrupt? You might think that that would be the prime motivation. I would surmise that that is the case. It's as plain as the nose on your face."

Mr. Moniz said the law governing the Bar meant ten or more members could request a meeting in seven days. The Opposition MP said he had no trouble getting 13 signatures.

"We are looking for the discussion we should have had before all of this mess. The Bar would normally have major consultation. These things normally take a long time, six months or something. We would never have done this without a meeting of the Bar."

He said Government wanted to debate the draft bill in the House tomorrow but the Opposition refused and insisted it lay on the table for two weeks, as is usual, before being dealt with.

"I don't know why there is all this haste," he said. "It's nothing to do with Julian, they keep saying. I can't see the objection to doing things in an orderly fashion."

Neither Attorney General Kim Wilson, who is proposing the change in the law, or Bar Association president Rod Attride-Stirling could be reached for comment yesterday.