Hall may be in more hot water
appearing in court without a valid practising certificate, The Royal Gazette has learned.
It is an offence under the Bermuda Bar Act for a barrister to appear in court for a client without a valid practising certificate.
Bermuda Bar Association Honorary Secretary Trevor Moniz confirmed yesterday that Mr. Hall did not have a practising certificate for the year 2000.
It is understood that the Bar Association hand delivers practising certificates to barristers by December 31 for the following year. Mr. Hall appeared in Supreme Court on January 5 before Chief Justice Austin Ward to represent a crack cocaine dealer, Macray Bulford, when the Crown appealed to have his sentence from Magistrates' Court increased. Under the Act, a barrister can be fined $10,000, jailed for two years or both for representing a client in court without a valid practising certificate. The barrister is also banned from collecting fees for court work carried out when he does not have a certificate.
The Bar Association is to examine the incident at its next meeting on Thursday.
Mr. Hall, a former Progressive Labour Party MP, was formally declared bankrupt at Supreme Court on January 26.
He had already been served two bankruptcy receiving orders and ordered to pay a former client, Canadian widow Betty Lorraine McMahon, $1.69 million plus seven percent interest.
Mr. Hall, by his own admission in a statement to court, has debts of $1.9 million and assets of $135,000. As a bankrupt, he is banned from practising.
Mr. Moniz told The Royal Gazette : "Mr. Hall does not and did not have a practising certificate for January. It is a breach of the Bermuda Bar Act and would be an offence under the Bermuda Bar Act to practise without a certificate. A person who appears who does not have a practising certificate is committing an offence if he appears as a barrister, it's as simple as that.
"He doesn't have a certificate and there is some evidence that he did appear in court.
Hall may be in more hot water "It has been brought to our attention and I will be chairing the BBA meeting on February 10 and I will put it on the agenda. If a barrister practised without a practising certificate, we would view it very seriously and proceed to take the appropriate action.
"Normally the court would be concerned about anyone purporting to be a barrister who is not entitled to practise, or a member of the Bar would have an interest in reporting it to the Bar Association.
"The Bar Council has a responsibility to enforce the rules and ethics of the profession, but if someone has committed an offence against the Bermuda Bar Act, it is for the Director of Public Prosecutions to prosecute people.'' One of the requirements for a barrister obtaining a practising certificate is that he must keep proper trust accounts.
Acting Director of Public Prosecutions William Pearce said: "The Bar Association, if it finds its own act has been breached, should make a complaint to the Police and it should be acted upon in the normal way.
"If evidence comes to us with respect to approving charges, it will be dealt with like any other alleged offence but I can't say any more at this point.
Someone has to make a complaint to initiate an investigation to bring it to our attention.'' Mr. Pearce said he was not aware of any complaint being received alleging Mr.
Hall had practised without a certificate.
A Government Information Services spokesman said yesterday: "The Chief Justice says it is true that Mr. Hall did appear (on January 5) and did not say at the beginning of the case that his licence had expired. No-one did anything about it because no-one had any idea.
"The Bar Council did not send notification to the court until after that date. The Chief Justice did not know his licence was expired or he would have stopped him.'' Mr. Hall could not be contacted for comment yesterday.
