Membership Bar Association obligatory in the future

POSTED: 01/9/13 11:12 PM

St. Maarten – There are 63 lawyers working in St. Maarten and 40 of them (63.5 percent) are members of the local Bar Association. For Curacao the membership-rate is 84.6 percent 165 out of 195 lawyers), and for Aruba 84.4 percent (81 out of 96). On Bonaire, all 8 lawyers are members of the Bar. This appears from the draft Advocatenlandsverordening (National Ordinance for the Legal Profession) the Ministry of Justice received on Monday from Prof. Jan de Boer.

Justice Minister Roland Duncan and his advisors are currently studying the draft. The current ordinance is from 1959. “It shows the shortcomings of its age,” the memorandum of elucidation states.

In 1959 the number of legal professionals was “too small, variegated and unstable” to establish a public Bar Association. Its task would be so minimal that there is a “less roundabout way to do this.”

The call for a review of the ordinance began in 1989 when Mr. Jaime Saleh during his farewell speech at the Common Court of Justice made the case for obligatory training of interns. “This is now done on a voluntary basis but it would be much better to make this obligatory.” This is also what Minister Duncan now advocates.

The memorandum makes this clear: “Experience has taught us that the doctoral-exam law and the obligatory 3-year internship offer insufficient guarantees for a responsible practice of the legal profession.”

The draft ordinance proposes to make all lawyers qualitate qua (in the capacity of) members of the Bar Association. Currently the membership is not obligatory. The change will provide the Bar with more (financial support) and it will also make it possible to call on the Bar for mediation for all lawyers. The code of conduct of the bar and in the future of the ordinance will then in principle apply to all lawyers as well.

Did you like this? Share it:
Membership Bar Association obligatory in the future by

Comments are closed.