Bar Association says AG disrespectful to legal practitioners

Dec 30, 2021 News

Kaieteur News – During yesterday’s sitting of the National Assembly, Attorney General Anil Nandlall in defending the proposed Local Content Bill told the House that when it comes to the provision of legal services, Guyana will contribute 90 percent of services, while the other 10 percent would be reserved for foreigners to peruse the more “technical contracts”.

President of the Guyana Bar Association: Teni Housty

This statement was heavily criticised by the Guyana Bar Association – a body of legal practitioners. According to the Association, “There is no justification for the provision of legal services to be anything other than 100 percent (mandatory)” and that the AG’s statements “give the impression that Guyanese Legal Practitioners do not have the capacity and or are not qualified to handle matters which he described as “technical legal documents” and “joint venture agreements”, as a seeming justification for the target of 90 percent instead of the requested 100 percent by the Bar Association”.

“It further gives the impression that persons who are not duly admitted to practice law in Guyana under the Legal Practitioners Act may do so, performing legal services,” the organization added.

In this regard, the legal practitioners said they reject these “ill-informed comments” since, despite having requested, they have not been told what areas of law they are not qualified to practice and more so, who is to provide the additional 10 percent.

In fact, the Bar Association urged Nandlall to not only withdraw his comments, but also offer an apology to its members. “Such comments by the Hon. Attorney General are without basis, empirical or otherwise, in violation of the LPA as aforesaid and wholly disrespectful to members of the Bar who already perform the said services including Senior Counsel. There ought to be a withdrawal of these comments on the record and an unreserved apology to members of the Guyana Bar,” the organization contended.

In addition to this, the Bar Association complained that they were invited to a consultation on the Local Content Legislation, with less than one day’s notice. Notwithstanding the short notice, the organization told members of the media that due to the tight timeline and absence of the proposed Bill, it made submissions thereon.

It said that since the publication of the Bill, the Bar Association has sought further engagement, made comments and raised queries, to which there has been no considered response, despite the undertaking to do so one day before the debates were held.

It is the view of the Association that “the provisions of the Bill collide with other legislative instruments”. It explained, “With regard to legal services, the practice of law in this jurisdiction is governed by the Legal Practitioners Act, Cap. 4:01 (LPA). No recognition appears to have been given to the fact that ONLY Attorneys-at-Law admitted to practice Law in Guyana under the LPA, may hold themselves out to be entitled to perform legal services in Guyana”.

Moreover, the organization said that the provision made for legal services is not in accordance with similar provisions in other jurisdictions with Local Content Legislation, such as Kenya, Ghana and Tanzania where it is mandatory for the legal services in the country to be provided by nationals with an established office in county, requirements advanced and submitted by the Bar Association, so far, without being given effect.

The Bar Association concluded that the Bill was tabled only eight days before it was passed in the National Assembly and does not give sufficient time for considered comment and engagement and overall, falls well below the legal minimum standard for meaningful consultation.