Lawyers panel hit by conflicts of interest
The Bermuda Bar Council has been unable to deal with a businessman's complaints against lawyers because too many of its members are connected with the case.
And complaints made by British businessman Mr. Mark Hardy are not the first which the Council has been unable to rule on because a "distinterested quorum'' cannot be mustered.
This week Mr. Hardy lodged new complaints with the Council against two Bermuda lawyers who have represented the liquidators of his failed Focus Insurance group of companies. (See related story on Page 13.) But the Council remains powerless to convene an appropriate body to review the complaints because long-standing recommended changes have still not been put into effect.
It has been unable to move on similar complaints by Mr. Hardy lodged last year.
At present, the Council may only consider complaints against members of the Bar if a "disinterested quorum'' of five sitting members can be gathered.
But seven of the ten members of the panel have excused themselves from the Hardy deliberations because they are directly or indirectly connected to the case.
Amendments allowing other barristers to temporarily sit in place of Council members with interests in a case were approved and sent to the Attorney General's Chambers before the Hardy issue arose, sources said.
The Royal Gazette has learned that the changes are included in a package of amendments currently being drafted by the Attorney General.
But one source said there could be more delay because matters unrelated to the "quorum'' issue required more work.
Bar Council president Mr. John Cooper said: "The Bar Council recommended that the Act be amended. We are unhappy with the situation that occasionally arises where so many of us are interested parties. We want to temporarily provide for other members to replace people appointed who are interested parties.''