The Legal Profession Bill, 2025 (the “Bill”) is poised to repeal and replace the Legal Profession Act, 1993, and will effect significant changes to the existing legal professional regime. This article will focus on some of the most significant changes on the horizon.
The Bahamas Bar Association
Under the Bill, the Bahamas Bar Association (“BBA”) will become a legal entity rather than the unincorporated association that it currently is. This will give the BBA capacity to, inter alia, sue and be sued, enter into legal contracts, and purchase, own and sell assets, including real property, in its own name. With such a change, the BBA will have all the legal rights and protections that corporate bodies enjoy.
Practising Certificate
Another significant change under the Bill is that all legal professionals (members of the Bahamas Bar (the “Bar”), Registered Associates and Legal Executives) will be required to possess a Practicing Certificate, a brand-new concept within the Bar. According to Section 12 of the Bill, the Practising Certificate is a document which permits a member of the Bar, Registered Associate and Legal Executive to practice law in The Bahamas.
Existing members of the Bar must apply to the BBA for a Practising Certificate within one month after the Bill is enacted and brought into force. An application for a new (renewal) Practising Certificate must be made on or before the 1st May of each succeeding calendar year and the Practising Certificate will expire on 29th June of the following year.
Each new attorney must also apply to the Bahamas Bar Association within one month of being added to the Roll (i.e. the list of attorneys admitted to practice law in The Bahamas) and will not be permitted to practice law unless and until a Practising Certificate is received.
Although new to The Bahamas, the Practising Certificate is not a novel concept as it is already utilized in many jurisdictions such as the UK, Canada, and other Commonwealth Nations (such as Jamaica, Barbados and Trinidad and Tobago). It will enable the Bahamian Bar to better monitor standards within the legal profession in order to bolster the public trust and confidence in members of the legal profession.
In addition to meeting existing qualifications for legal professionals, the following requirements must be satisfied in order for a Practising Certificate to be granted:
- Completion of continuing professional education
- Participation in a legal aid program
- Payment of annual fees to the Bar
- Adequate professional indemnity insurance coverage
The requirement to participate in legal aid is one of the more controversial aspects of the Bill. Though all agree on the positive nature of “giving back” to society, some attorneys with highly specialized legal knowledge and practice areas may find that their skills set is not very appropriate for legal aid. This includes attorneys who specialize in aviation law, M&A’s, complex corporate structures and/or securitizations.
The requirement to obtain professional indemnity insurance may also be financially onerous for some practitioners, who would be barred from legal practice without such insurance.
There are also criminal sanctions for failure to obtain a Practising Certificate and the punishment for non-compliance is quite severe.
An Attorney/Registered Associate who practises law without a Practising Certificate may be fined months. A Legal Executive who practises without a Practising Certificate may be subject to a fine of up to $10,000.00 and imprisonment not exceeding 6 months. A legal professional would therefore be well advised to ensure strict adherence to the new requirements.
A legal professional may appeal any refusal to issue a Practising Certificate to the Bahamas’ Court of Appeal within 28 days being notified of the refusal.
Complaints to the Disciplinary Tribunal
Much like the Legal Profession Act, 1993, the Bill establishes a Disciplinary Tribunal responsible for imposing punishment on legal professionals who fail to comply with the legislation and rules of conduct governing the practice of law. Under the Bill, any person may make a complaint to the BBA where an attorney is suspected or accused of professional misconduct. This is a revolutionary step, as under the current regime, only aggrieved clients of attorneys are permitted to make complaints.
Unlawful Practice as an Attorney-at-law
The Bill also addresses situations where an unqualified person purports to act as Counsel and Attorney-at-law in The Bahamas. Such persons will be liable to a fine not exceeding $15,000.00 or imprisonment of up to18 months. This is a significant change as, under the Legal Profession Act, 1993, unqualified persons pretending to be counsel and/or drafting legal documents are liable to a fine ranging between $500 to $1,000.00 or imprisonment not exceeding 6 months.
The BBA and the Bahamian Courts have long sought to protect the integrity of the Bahamian legal profession and have not hesitated to impose administrative and criminal sanctions on those who violate it. In the Bahamian case, Reverend James Sands et al v Reverand Vernal Hanna et al – CLE/gen/0029 at paragraph 32,
Senior Justice Fraser made the following observations:
“The Courts must protect the administration of justice, the legal profession and, the public at large. We must ensure the integrity of the legal system is upheld and that rules of court and the aw are adhered to in every respect. Protection and preservation of our legal processes and ensuring the public’s confidence of our legal system are paramount. Only members of the Bar (and those granted special admission) are trained, skilled and permitted to bring/defend claims/matters before the Courts – this is done to ensure that legal procedure is adhered to and to ensure the smooth administration of justice.”
The Bill advances that aim of ensuring that society is protected and that the administration of justice proceeds in a regulated and consistent manner.
The Bill was projected to come into force in the first quarter of 2025. However, it is likely that revisions will be made after the current consultations with stakeholders have been completed.
AUTHOR
The information contained in this article is provided for the general interest of our readers but is not intended to constitute legal advice. Clients and the general public are encouraged to seek specific advice on matters of concern. This article can in no way serve as a substitute in such cases.
Copyright © 2025 Higgs & Johnson, All rights reserved.
