Dress Code In Relation to the Profession and Himself Paragraph 37 of - - PDF document

Dress Code In Relation to the Profession and Himself Paragraph 37 of Part 1V of the Code of Ethics states that “an Attorney at Law shall at all times be attired in the manner prescribed or agreed upon by the proper authorities and as befits the dignity of the Court.” The Dress code has been enshrined in Practice Direction No 1 of 2015 made pursuant to the inherent jurisdiction of the Honourable Chief Justice. The Practice Direction took effect on the 1st March, 2015. Paragraph 1 of Part 1 of the Code of Ethics states that an Attorney at Law shall “maintain the honour and dignity of the Legal Profession” and adherence to the Practice Direction ensures that the honour and dignity of the Legal Profession is maintained. My humble opinion is that the Practice Direction as written is slightly confusing. I have taken the liberty of reformatting the Practice Direction to make it more easily understood into Male and Female attire for Chambers and Male and Female attire for

• Court. I know that you are all busy practitioners who may not have been able to devote

the time to review the Practice Direction in its entirety and I am therefore grateful for this forum which enables me to review the salient points of the Practice Direction on Dress Code with members of the Bar. Reads Practice Direction General Practice Generally the Dress Code outlined above is largely upheld by the Bar with a few

• exceptions. On occasions when I have drawn an Attorney’s attention to his or her

failure to adhere to the Dress Code I have been told that the Attorney had no funds to purchase new clothes. Of course this is a totally unsatisfactory answer and just as a

carpenter needs to be equipped with the tools of his trade so too should the Attorney. Besides a breach of the Dress Code is a disrespect to the Court. I have also noticed Attorneys wearing suits which are clearly light grey instead of dark

• grey. Attorneys have also been observed wearing beige shoes to court. I have seen

Attorneys wearing shoes with an open-toe or sling back and the age old “pumps or court shoes” which are so aptly named should be the order of the day. Attorneys’ attendance at the Court Office Attorneys who visit the Court Office to transact business other than appearing in court

• r chambers should also be properly attired in typical business attire or business casual
• wear. Under no circumstances should you visit the Court Office in casual clothes or
• sandals. I have instituted a dress code for all users of the High Court and security
• fficers are having a difficult time in enforcing this dress code. The Bar would therefore

assist me greatly by setting an example to staff and other users. Attorneys’ Clients One issue which has been raised by the Bench is the mode of dress of clients attending Court and Chambers. Here also the standards appear to have fallen below par and Attorneys are asked to encourage their clients to wear appropriate clothing for attending court. Attorneys’ Clerks I have also noticed that some Attorneys’ clerks wearing very casual attire to the Court Office to file documents and to transact other business. On one occasion a member of a prominent Attorney’s staff attended the Court Office in jeans and a cap which was turned backwards. That behavior is totally unacceptable and will not be accepted. The matter was referred to Head of Chambers and an improvement was seen immediately. I therefore urge all Attorneys to ensure that their clerks represent their chambers well by being properly attired when attending the Court Office. I must commend the Law Firms who have uniformed clerks as they are always well presented and it also makes it easy to identify the clerk as a member of that firm. Staff of the High Court I am moving strenuously to introduce uniforms for the staff at the High Court. I have

• btained draft designs for the High Court logo (compliments of the Graphics Designer

at ABS) and this logo will be imprinted on the shirts of members of staff. It is my strong

belief that this will contribute greatly to a more professional atmosphere at the High

• Court. The matter of financing for the staff uniforms looms large but it is essential that

a more formal approach be taken in respect of dress by the staff at the High Court as here too standards have fallen. In conclusion I should warn you that the Chief Justice has written to all the judges and masters to request them to ensure that the Practice Direction on the Dress Code is

• bserved in its entiriety. It should be every Attorney’s worst nightmare to have the

judge tell him that he cannot hear him and then have to explain that to the client. I therefore urge all members of the Bar to comply with the Practice Direction and to assist the Court in respect of the other matters raised herein.

Protocol Before I commence my presentation on the topic I am pleased to advise the Bar that this Department of the Ministry of Legal Affairs is no longer referred to as the “Registrar’s Division” which is an anachronism. The name has been officially changed to “The High Court”. Introduction Protocol has been defined as “a code prescribing strict adherence to correct conduct and procedures to be followed in formal situations”. There have always been protocols, which may or may not have been codified, to regulate the relationship between the Bar, Bench, Court Office and the public. The overriding objective of the protocols, be they written

• r unwritten, is to ensure the independence and impartiality of the Judiciary and a fair

and efficient system of justice. The motto of the Eastern Caribbean Supreme Court is, “To serve its Member States by providing access to a system of justice that is accountable and independent, and administered by officers in a prompt, fair and effective manner.” It is therefore important to keep this premise in mind as all the protocols have been designed to ensure that justice is administered in an accountable, impartial and independent way. The Judiciary Protocols have been codified for Judges of the Eastern Caribbean Supreme Court as Canons 1 – 5 and they are published on the website of the Eastern Caribbean Supreme

• Court. Canon 1 of the Code states as follows:-

“An independent and honourable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining and enforcing high standards of conduct, so that the integrity and independence of the judiciary may be preserved. The provisions of this Code should be construed and applied to further that objective.” Canon 2 further states that “Public confidence in the judiciary is eroded by irresponsible or improper conduct of judges. A judge must avoid all impropriety and appearance of impropriety. Judicial Office carries with it the burden of constant public scrutiny. A judge must accept restrictions that might be viewed as onerous by other persons and should do so freely and willingly.” I would urge all members of the Bar to read the Canons and to be cognizant always of the onerous restrictions imposed on judges. You should strive always to ensure that you do not put the judges in a compromising situation as for example meeting with the

judge to discuss a matter before him, in the absence of the other side. Paragraph 36 of Part IV refers specifically to this situation by providing that “an Attorney at Law shall never seek privately to influence directly or indirectly the judges of the Court in his favour or in the favour of his client….” Adherence to the Canons by a judge will result in few applications for the judges’ recusal in respect of any matter being tried before him. As far as I know breaches of this protocol are extremely rare in the Eastern Caribbean and the judges of the Eastern Caribbean Supreme Court must indeed be commended for their strict adherence to the Canons. The Registrar is the bridge between the Bench and the Bar. It is incumbent on the Bar Association to consult with the Registrar on the protocol for hosting functions for

• judges. Functions in public places are not the best choice as it brings the judge into the

direct purview of patrons of the public place. The Registrar is not always the final arbiter of these matters and will often refer a matter to the Chief Registrar for her

• advice. Additionally papers on Protocol are always presented at Registrars’

Conferences so the Bar can rely on the advice of the Registrar in these matters. Travel Protocols The protocols which have been designed to the relationship between the Eastern Caribbean Supreme Court and the Governments of the Member States are contained in a document entitled “Protocols for the Eastern Caribbean Supreme Court and the Governments of the Member States and the Eastern Caribbean Supreme Court. This document is dated 20th May 2011 and is signed by all of the Prime Ministers of the member states and territories of the Eastern Caribbean Supreme Court. The documents provides for inter alia Status of the Court, The Court Office, Property, Funds and Assets

• f the Court, Exemption from Foreign Exchange Controls, Exemptions from Taxes,

Customs Duties and Import or Export Duties to name a few. Part XII of the Protocol entitled “Facilitation of Travel” specifies the courtesies which should be accorded to the Chief Justice, Justices of Appeal, Judges, Masters and other

• fficials of the Court whilst travelling within the region and that includes VIP
• privileges. A Police Orderly must accompany the Protocol Officer to meet the judge as

soon as he deplanes and must afford the judge the same privileges on his departure. Younger Attorneys may not be aware that the unwritten protocol in relation to the Chief Justice requires that the Registrar or Deputy Registrar attend at the airport to meet the Chief Justice on arrival or departure. This ensures that there is constant

dialogue between the Chief Justice and the Court Office so that matters affecting the Court Office or Resident Judges are discussed. These protocols insulate the judges from interaction with customs, immigration and the public for the reasons outline above and also for security reasons. The demands for protocol on the High Court especially in relation to protocol for Judges and Masters in transit are considerable, to the extent that I will be setting up a Protocol Division to be manned by a Court Protocol Officer and a Police Protocol Officer who will be in charge of Protocol and Security at the High Court and Judges

• generally. I am currently waiting for approval from the Commissioner of Police for the

appointment of a Sargeant or Senior Sargeant for this position. Protocol List A Protocol List has been prepared by the High Court and the ranking of judicial officers in the list is modelled on the ranking of judicial officers in the Chief Justice’s address. It is incumbent on the Bar to ensure that all Attorneys be apprised of the Protocol List. When “Out of Office” letters are written notifying the various courts of the absence of the Attorney, the addressees should follow the same ranking:-

• 1. The Honourable Attorney General
• 2. The Chief Magistrate, Magistrates Court
• 3. The President of the Industrial Court
• 4. The Director of Public Prosecutions
• 5. The Solicitor General
• 6. The Registrar, High Court
• 7. President of the Bar Association
• 8. Attorneys at Law

The ranking would be different if for example the letter is addressed to the Registrar of the Industrial Court instead of the President of the Industrial Court as she would rank lower than the Registrar of the High Court. It is my intention to meet with the Bar Association to arrive at a proper protocol list for matters such as these. The Bar Paragraph 34(1) of Part IV of the Code of Ethics states that “An Attorney-At-Law shall maintain a respectful attitude towards the Court and shall not engage in undignified or discourteous conduct which is degrading to the Court”. This section of the Code provides the premise on which protocol between Bar and Bench is grounded. The following

examples are failures by Attorneys to adhere to the protocol governing Bench and Bar amounting to disrespect to the Court:-

• 1. Lateness or Non-Appearance by an Attorney for a matter listed for trial or

chambers is a breach of protocol and disrespectful to the Court. The Attorney must instruct another Attorney to hold papers if he is unable to attend Chambers

• r Court. I should probably warn you that judges and masters are intending to

use sanctions under the Civil Procedure Rules to ensure that this practice is

• stopped. Wasted Costs Hearings will be routine matters if Attorneys persist in

this practice. I should advise you also that I am still receiving letters from Attorneys asking me to notify the court due to the inability of the Attorney or Client to attend for a matter which has been set down. I remind all Attorneys that all such letters are non-actionable by the Registrar as once a matter is set down the Attorney must ensure that he or someone holding papers attends.

• 2. Requests for adjournments for frivolous reasons is another breach of protocol

and a form of disrespect to the Court. I am reminded of something that I understand Justice Michel said when he came to the jurisdiction in respect of applications for adjournments. Justice Michel is reputed to have said that he would only grant an adjournment if the claimant or defendant died and that he would not be granting an adjournment where an attorney died since his chambers should have instructed someone to hold papers. I understand that very few requests for adjournments were made before Justice Michel. Attorneys should always be cognizant of the fact that judges and masters spend quality time reading the files before the date of the hearing. A request for an adjournment means that the judge or master has wasted quality judicial time so I would ask you to keep this in mind. This is especially true for the Master who may arrive in a jurisdiction on the Sunday evening and would be required to read all the files for the Monday morning. Why then should he grant an adjournment to an Attorney who is not ready when he had weeks to prepare?

• 3. Failure of an Attorney to attend a scheduled mediation hearing. This also is a

breach of protocol and disrespectful to the Mediator, opposing Attorney and the Court and discussions are ongoing with the Regional Mediation Coordinator to impose a penalty fee for cancellations without notice.

• 4. Filing of documents on the morning of the case is a breach of protocol and is

disrespectful to the judge and the Court Office. This practice has become very

prevalent and it puts undue pressure on the Court Office to ensure that these documents are placed on the file immediately. It also means that the judge or master would not have had the opportunity to review the document prior to the hearing and that is not fair to the court, your client or to the other side.

• 5. Lack of adequate preparation is another matter which is a breach of duty and

protocol and shows disrespect to the Court. The Chief Justice in her address at the Ceremonial Opening adverted to this matter and was quite strident in her call to the Bar to desist from this practice. I would again ask you to consider that the Judges have reviewed the file prior to the hearing and they are depending on the Attorneys to assist the Court. Attorneys at Law are required to show respect to the Judges and Masters both on and

• ff the Bench. Attorneys who encounter judges in corridors or in other areas of the

High Court should greet the judge politely while at the same time stopping to allow the judge to continue on his way. Attorneys should listen keenly to any indication from the bench as to whether they should abandon the point or move in a different direction. Ploughing on in light of an indication from the bench will not do your client any good. Our judges use very diplomatic language. This was not so in the 1980’s and 1990’s when judges such as Justice Percy Lewis would turn his back to the Bar if he felt the Attorney was not making sense. That was a clear indication that he no longer wished to hear you. Calls to the Bar The protocol surrounding calls to the Bar and the introduction of young attorneys to the Bench is a matter which is currently under discussion and will require input from the Bar Association. The number of Attorneys being called to the Bar has increased

• dramatically. Additionally the number of regional Attorneys who are instructed in

matters in Antigua has also risen dramatically although their calls are normally in chambers. The time may well have arrived for a change in the protocol for Calls to the Bar including fixed call dates for multiple calls following the granting of LEC Certification from Norman Manley or Sir Hugh Wooding. Requests for separate calls will need to be retained and the protocol may need to be utilized judiciously. In previous times newly called Attorneys would be introduced to the bench by their seniors so that the judge or master would not be taken by surprise at the appearance of

an Attorney who was not known to him. This practice has fallen by the wayside but the introduction of attorneys to the bench is still a matter which deserves to be retained. The bench has asked me to convey to the Bar the casual manner in which visiting Attorneys or new Attorneys are introduced to them at the time of their appearance in Court and this is also a breach of the protocol. Perhaps fixed dates could be arranged for group introductions to be made by young Attorneys to the Bench. I attended a call in the Bahamas recently which involved 10 Applicants. The Bar Association met with all the applicants prior to the call (which is part of their Protocol) to ensure that the Applicants were introduced to the ethics of the profession and the Chief Justice of the Bahamas also met with the applicants prior to the call. The protocol of having a proposer and a seconder will also be up for discussion in light of the increased numbers

• f Attorneys being called and the time constraints of the Bench.

Practising Certificates The matter of Practising Certificates straddles both ethics and protocol. The judge is expected to be able to rely on the protocol that an Attorney is in good standing when appearing before him. I do believe that the Bar Association has an active part to play in policing these matters and I am pleased to say that I have already received some assistance from the Bar in respect to certifying the amounts due from Attorneys for Practising Certificates for a five year period. The application form for a Practising Certificate was designed to capture contact information from the Attorneys. There was some resistance from certain Attorneys who felt that a written application was not required. I disagree as the Legal Professions Act refers to an “application” for a Practising Certificate. Be that as it may, I would urge all Attorneys to complete the Application Form and to keep the Court Office updated on any change in contact information as it is in your best interests to do so. Attorneys should also advise the Court Office of any change in circumstances such as a change of law firm, absence on maternity leave etc. In particular new Attorneys should advise the Court Office if they are in private or public practice because there are times when we have included law officers on the list of

• utstanding Practising Licence Fees simply because we had no information on their

status. Seating in Court It has always been the protocol for Queen’s Counsel and senior attorneys of 10 years standing or more to be afforded certain privileges by the Court. This includes the

privilege of seating arrangements in the Court or other function for Judges and Lawyers in order of rank and seniority. For all Special Sittings, Junior Attorneys are asked to utilize the last table. I have designated two (2) seats for the President and Vice President of the Bar Association on the right hand side of the table for Senior Attorneys and I am asking all Attorneys to honour this protocol. At funerals and Parades for the Ceremonial Opening of the Law Year, Attorneys are asked to observe the correct protocol as set out in the Protocol List. At no time should an Attorneys process in front of the judges and master. Attorneys should be schooled in the protocol of seniority at the Bar. The Attorney General takes precedence followed by Queen’s Counsel, Senior Members of the Bar and then Junior Members of the Bar. Master Glasgow’s written protocol concerning the adherence to seniority in the hearing of matters and also the times for hearing specific matters before him is a perfect example of a protocol to assist both bench and bar in respect of the speedy disposal of matters. The Registrar of the High Court The Registrar of the High Court is also subject to protocols enshrined in the Registrars’ Handbook 2009. The following matters are headlined:-

• 1. Conduct of the Registrar
• 2. Registrar should uphold the Integrity and Independence of the Judiciary
• 3. Registrar should avoid impropriety and the appearance of impropriety in all

activities

• 4. Registrar should adhere to appropriate standards in performing the duties of the
• ffice
• 5. In engaging in outside activities/employment, a Registrar should avoid the risk
• f Conflict with official duties and should avoid the appearance of impropriety
• 6. A Registrar should refrain from inappropriate political activity

Registrars are held to a very high standard and must therefore be very careful to

• bserve all the protocols listed in the Manual.

The increase in the number of Attorneys and cases in the Criminal and Civil Divisions has resulted in a concomitant increase in the volume of work done by the Registrars. I would ask all Attorneys to consider that two (2) Registrars are serving 110 Attorneys and in any one day several requests will be made to the Registrars. This therefore requires patience and planning. In the vast majority of the cases Attorneys simply drop

in to discuss their matters with no advance notice. New protocols are therefore being designed with respect to audiences with the Registrars and will be circulated to the Bar in due course. This will include specific days for appointments, letters to be sent by email, direct dialing to the Registrar by an Attorney etc. Judgments The Canons for Judicial Officers state that judgments should be delivered within three (3) months of the conclusion of the trial. The volume of work undertaken by all our judges means that this timeline cannot always be adhered to. I have been receiving letters in connection with outstanding judgments from lawyers who claim that their clients are anxiously awaiting these judgments. I should advise you that a List of Outstanding Judgments is submitted to the Chief Justice at the end of every quarter together with a Judicial Time Form of the number of trials or chamber matters heard and if there are adjournments, the reason for the adjournment. Anyone who has ever had to write judgments knows that judgments are not something you put to the back of your mind. Judges are doing the best they can in the circumstances and it is impossible for me to give you a time line so I would simply ask that you explain the circumstances to your client and manage their expectations. Court Office I am grateful for the opportunity to speak to the Bar’s relationship to the Court Office. When I first arrived in 2012 I noticed that Attorneys spent more time than was necessary with staff of the Court Office. The situation has improved considerably save for a few Attorneys. I am urging all Attorneys to respect the boundaries with staff at the High Court. You are the professional so it is expected that you will set the example. Many new procedures and processes have been put in place to ensure the speedy disposition of matters. There is therefore no need to seek favours of the staff in getting your matter ahead of the rest. Recently the Bar Association had a function and one member of staff was heard to ask why the staff was not invited. If Attorneys maintain too close a relationship with the staff they will be entitled to think that they can attend functions reserved for Attorneys only. Conclusion In conclusion I would state that I am indeed heartened by the efforts of the Bar Association in attempting to sensitise its members to the Dress Code and Protocol of Bar, Bench and Court Office. The Court Office pledges its full support to this endeavor.

My door is always open to suggestions and I would welcome any dialogue on these topics for the benefit of Bench, Bar and Court Office. I am pleased to advise the President of the Bar Association that I have arranged for a temporary conference room, I repeat temporary, for the Bar Association to hold

• meetings. It is the room earmarked for the Criminal Master but in the interim it can be

utilised by the Bar Association. Dated 29th October, 2015 ……………………………… Cecile Hill

• Ag. Registrar of the High Court

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