Regrettably, this is not an article giving directions to the Swizzle Inn or any other of Bermuda's fine establishments. Instead, this article will discuss the Bermuda Bar Association and the important role and function it undertakes on behalf of its' members and the public.

Everyone at some point in his or her lifetime will require a lawyer. Whether to purchase property, have a will drafted or incorporate a limited company, the services of a lawyer will be required. Choosing any professional to look after your personal affairs is often intimidating. Essentially, you walk into a complete stranger's office and begin immediately discussing very personal matters. It is important to know who governs the conduct and qualifications of the professional in who you place your trust.

The official body governing barristers and attorneys in Bermuda is the Bermuda Bar Association. The Association is a body corporate created pursuant to the Bermuda Bar Act, 1974. All practising barristers and attorneys are required to be members of the Association pursuant to this Act.

An executive committee known as the "Bar Council'' governs the Association.

The Bar Council is responsible for the management of the affairs of the Association. General responsibilities include the following: The encouragement of legal education, and the promotion of the study of jurisprudence; The determination of questions relating to etiquette and the professional conduct of the members of the Bar; and The issuance, revocation and suspension of practicing certificates.

By overseeing the issuance, revocation and suspension of practicing certificates, the Bermuda Bar Association assists in insuring that only those qualified to practise law in Bermuda do so.

In order to qualify to practise law in Bermuda, an individual must have received a law degree from a Commonwealth jurisdiction and been admitted to the roll of barristers of the Supreme Court or register as an associate working with a barrister of the Supreme Court. The Bermuda Bar Association can be contacted to confirm that a lawyer is either a barrister of the Supreme Court or a registered associate.

With respect to the determination of questions relating to etiquette and professional conduct, the Bar Council enforces the Code of Professional Conduct governing barristers and attorneys in Bermuda.

The code of conduct sets out rules addressing how a lawyer must conduct himself or herself with clients and with other lawyers. For example, the code provides that a barrister shall hold in strict confidence all information acquired in the course of his professional relationship with his client. The code also provides that a barrister must at all times act with due courtesy to the court before which he is appearing and to opposing counsel.

In those cases where the Professional Conduct Committee determines that a prima facie case has been made out it shall after causing charges to be formulated against the attorney, refer the matter to a disciplinary tribunal appointed by the Chief Justice, the chairman of which shall be a Judge of the Supreme Court.

If the Tribunal finds an attorney guilty of serious professional misconduct, such as the improper use of trust funds, it may impose sentences ranging from a fine to suspension or disbarment. In the great majority of cases however the complaints received relate to perceived overcharging of legal fees rather than other forms of professional misconduct.

In order to assist members of the Association keep current with new developments in the law, barristers and attorneys are now required to regularly attend continuing legal education programmes. These programmes are organised and presented by the Continuing Legal Education section of the Association. These seminars usually involve presentations by senior members of the bar on specialised topics.

So the next time someone asks you "Which way to the bar?'', tell them: Bermuda Bar Association Reid House 31 Church Street Hamilton HM 12 Telephone and fax: (441) 295- 4540.

E-Mail: bdabar Yibl.bm.

Peter J. Driscoll N.B.

This is the exact same Law Matters supplement that ran in The Royal Gazette on 20th September, 2000. However do the printing problems that affected the quality of the print, it was pulled from the circulation and did not appear again until the 9th October, 2000.