The majority of lawyers are in favour of plans to allow bankrupt barristers to practise in Bermuda, according to Bermuda Bar Association president Rod Attride-Stirling.

He said 90 members of the association responded to an e-mail survey on the topic and about 80 percent backed the proposed change in the law. Thirteen lawyers, however, have called for a special meeting to discuss the amendment to the Bermuda Bar Act.

"I am not aware of it ever happening before that members have requisitioned a special meeting of the Bar Association," Mr. Attride-Stirling told The Royal Gazette. "But they are entitled to do so and so a meeting will be held as soon as possible."

He added: "I can only assume that it must be very important to them."

Government wants to allow bankrupt lawyers to practise in Bermuda for the first time since 1984 and amended legislation is likely to be debated in the House of Assembly on Friday.

Critics, including Deputy Opposition Leader and lawyer Trevor Moniz, claim the bill is being rushed through and have questioned why members of the Bar weren't shown it before it was tabled in Parliament.

But the Bar Council, the elected governing body of the Bar Association, has given its support in principle. Mr. Attride-Stirling said of the association's survey: "We have used e-mail to poll the membership before.

"In the present case we were given a very short time frame to consult and because of the limited time frame we opted to poll our members by e-mail.

"Ninety percent of people responded, which is more than we have ever had in an actual meeting, where the turnouts tend to be much lower. Of those who voted, around eighty percent voted in favour of the proposal."

The figure represents just under a quarter of the 373-strong membership listed on the association's website.

Mr. Attride-Stirling added: "Only 13 members have requisitioned the special meeting; they represent less than three percent of our membership."

He said the law banning bankrupt lawyers from practising was bad.

"Bar Council recommended the proposal to the membership because we thought it was fair and reasonable to do so.

"It is, we believe wrong to deprive a man of the 'tools of his trade'. In the 19th century, the law and wider society took a punitive approach to bankruptcy.

"This is no longer the case. Nowadays a remedial approach is taken which is to move to a position where the bankrupt's affairs are managed, creditors repaid and ultimately, in time, the bankrupt can be discharged.

"It is counterintuitive to prevent a person from using their skills so that they can repay their creditors and get themselves out of bankruptcy."

Mr. Attride-Stirling said if a lawyer was convicted of a criminal action alongside the bankruptcy they would be disbarred anyway.

"This is wholly unrelated to the bankruptcy," he said. "Apart from that, ordinary bankruptcy principles should apply.

"In relation to lawyers, additional protective measures should be put in place. For example, they should not be able to handle trust monies or property.

"The Government is adopting the Canadian approach, which includes these protections."

He said the website of the Law Society of Upper Canada, which was consulted in relation to the amendments, explains the protections.

"What is being done in Bermuda is consistent with the approach of the rest of the modern world; certainly it is the approach of the countries which we most like to emulate: the USA, the UK and Canada," said Mr. Attride-Stirling.

"We would have liked more time and we have comments on the draft legislation but these can be addressed.

"The proposals represent a refreshing and modern approach to the issue of bankruptcy."