Bermuda lawyers on the increase by one a month
professional body revealed this week.
Mr. John Cooper, president of the Bermuda Bar Association, recalled that there were only about 50 active lawyers in 1974, when the body was created by Parliament.
Now the association has about 180 members, he said. "And it's growing at about a rate of one per month.'' He said the association's system of regulation could set an example to similar organisations.
Mr. Cooper became president of the Bar Association and its ruling body, the Bar Council, in April.
A partner in the firm of Hallett, Whitney and Patton, he has practised in Bermuda since 1975.
He told a Rotary lunch that Bermuda's lawyers had a 15-page code of conduct governing them.
"Unlike any other profession, this code of conduct is readily available for lay persons and the Press to read and consider.
"To my knowledge the only other profession that has a published code of conduct is the Institute of Chartered Accountants.'' But the accountants' code was not widely distributed, he said.
"The legislation implemented for the protection of doctors and dentists makes no mention of a code of conduct, and that passed for the registration of architects and engineers only incorporates by reference the codes of the UK and Ontario respectively.
"Only accountants appear to be truly a self-governing profession like the barristers. The other professions generally are directed by a council or board appointed by the Governor, or in the case of doctors in part by a Minister.
"While all these other professions appear to have a mechanism for dealing with unprofessional conduct complaints, usually it is the governing council itself that makes the determination that professional misconduct has or has not occurred.'' Appeals against council decisions were to the Governor, not to the courts as was the case with barristers and accountants.
"I encourage these other professions to have a good look at their own statutory framework,'' Mr. Cooper said.
He added they could follow the lawyers in electing their own governing bodies and being able to appeal to the courts on disciplinary issues.
And like the lawyers, they could provide the public with a clear statement of standards and a procedure for pursuing misconduct allegations.
"I am proud of the continual review being done by the Bar Council and the Bar Association of its governing legislation. I suggest and encourage other professions to do the same.''
