Qualifying to practice law in Bermuda
Admission to practice as a barrister and attorney in Bermuda is most often based upon study and qualification to practice law in the United Kingdom (UK).
So, while lawyers in Bermuda may qualify to practice law here through study in Canada, Australia, New Zealand, Ireland or the West Indies, this column will concentrate on the UK model.
Most prospective lawyers begin their training by first completing a law degree at a university or college, which generally requires three years of full time study, although certain schools, including the University of Buckingham, offer a two-year “fast track” programme. You do not need a first degree to read law in the UK and most students pursue a law degree immediately after finishing their ‘A'-levels. Students from Bermuda can qualify for admission by sitting Advanced Placement examinations, studying at Bermuda College or by completing the International Baccalaureate or other approved courses.
Students may wish to commence their legal studies while remaining in Bermuda. The University of Kent offers the first year of its Bachelor of Laws programme through Bermuda College, after which students finish their studies in the UK. Bermuda College also administers examinations for the University of London External Programme, which allows students to complete a law degree entirely from Bermuda by distance education.
Students who wish to qualify for legal practice and have completed a university degree that is not a law degree may fulfil the academic requirement through a one-year conversion course called the Common Professional Examination (“CPE”). Students in the CPE study core legal subjects, including contracts, torts and criminal law. The CPE is offered by a number of teaching institutions throughout the UK. Of course, students with a first degree may also choose to pursue a law degree as a second degree. Several universities offer a two-year law programme in those circumstances.
Whereas, in Bermuda, all qualified lawyers are known as barristers and attorneys, the UK recognises two distinct types of lawyer - barristers and solicitors. Upon completion of their academic studies, law students choose to continue their vocational training as either a barrister or as a solicitor.
Solicitors provide legal advice, such as estate planning advice, and legal services - for example, negotiating and drafting agreements. In litigation, solicitors prepare cases for trial but will usually instruct a barrister for any court appearances. To qualify as a solicitor, students must complete the Legal Practice Course (“LPC”), which provides professional instruction in how to apply the law to the needs of clients. The LPC requires one year of full time study or two years of part time study and is offered by many colleges and universities in the UK. The LPC is not offered in Bermuda. The governing body for solicitors in the UK is the Law Society of England and Wales.
Barristers are advocates, and spend much of their time preparing for trial, either by preparing arguments or drafting court documentation such as affidavits and pleadings.
To qualify as a barrister, students must first join one of the four Inns of Court - Middle Temple, Gray's Inn, Lincoln's Inn or Inner Temple. Inns alone have the power to call a student to the Bar. The next step is to complete the Bar Vocational Course (“BVC”), which provides specialised training in advocacy skills, opinion writing and drafting.
The BVC requires one year of full time study or two years of part time study and is offered by a number of validated institutions throughout the UK. The BVC is not offered in Bermuda. The governing body for barristers in the UK is the Bar Council for England and Wales.
After successful completion of either the LPC or the BVC, students are required to complete a period of practical work experience as the final stage toward qualifying to practice law.
To qualify as a solicitor in the UK, students must undertake a two-year training contract with a firm of solicitors or other organisation authorised by the Law Society.
During the training contract, prospective solicitors must also complete a short Professional Skills Course.
To qualify as a barrister in the UK, students must complete 12 months of pupillage as practical training under the supervision of an experienced barrister. Barristers and solicitors qualified in the UK are qualified to practice law in Bermuda.
Alternatively, students who are seeking only to qualify in Bermuda may complete the final stage of training by spending 12 months as a pupil with a local law firm. Upon completion of pupillage, students will be eligible to be called to the Bermuda Bar as a barrister and attorney.
This article was co-authored by Eric Wai and Deborah Correia. Eric is a Professional Support Lawyer at Appleby Spurling Hunter, while Deborah is a Know-How Analyst. They are members of the firm's Knowledge Management team. A copy of this column can be obtained on the Appleby Spurling Hunter website at www.applebyglobal.com.
This column should not be used as a substitute for professional legal advice. Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.