British Virgin Islands Bar Association
Encyclopedia
The British Virgin Islands Bar Association is a voluntary membership organisation
that regulates
the legal profession in the British Virgin Islands
(BVI). It was founded in 1976, but residency requirements for members mean that not all members of the British Virgin Islands legal profession are members. Most resident lawyers within the BVI do in fact join the BVI Bar Association, but it is relatively rare for BVI lawyers who do not practice within the jurisdiction to join. The British Virgin Islands has a fused profession
and the BVI Bar Association regulates both Barristers and Solicitors within the jurisdiction. At present, the Association has no statutory
power.
The Presidents of the Bar Association in order of succession are: Mr Lionel Barker (1976-1982); Mr. McWelling Todman, CBE, QC (1982-1986, d.); Dr. Joseph S. Archibald, QC (1986-1994); Mr. Colin T.S. O’Neal (1994-1996); Mr. Michael Riegels
, QC (1996-1999); Mr. Paul Webster, QC (1999-2001); Mrs. Hélène Anne Lewis (2001-2003); Mr. Paul Dennis (2003-2006); Mrs. Lisa Penn-Lettsome (2006-2008); Mrs. Tana’ania Small Davis (2008- 2010); Ms. Keisha M. Durham (2010 - present).
). This is designed to prevent flooding of the association by members of "transient" lawyers, who fly in, get admitted, and then leave the Territory and purport to practise British Virgin Islands law from overseas. This has created increasing problems as ever larger numbers of BVI qualified lawyers working for Offshore Magic Circle
firms practise BVI law from outside of the jurisdiction, meaning that the proportion of admitted BVI lawyers who are members of the BVI Bar Association has dwindled. Nonetheless, the Association is generally understood to speak for the profession as a whole within the jurisdiction, and frequently addresses the Territory's legislature on that basis.
, professional discipline, admission to practice and the validation of training institutions and pupillage
s would be delegated to a newly formed 7 person "British Virgin Islands General Legal Council". The Bill is perceived as controversial, partly because of the level of influence and control which the government would reserve to itself over the legal profession, and partly because the new admission criteria are perceived to discriminate against British educated lawyers. The controversy attached to the Bill was not lessened by the unusually short period (28 days) between the Bill being made available for public review, and its first reading by the legislature. Ultimately the bill was shelved because the controversy made it impossible to pass before the holding of the British Virgin Islands general election, 2007
, which saw a change of government. The new government has promised to review the position and present a new bill, but never did.
(“Harneys”) was elected to the post of president and is the youngest person to hold this position. She was elected, unopposed, and succeeds Mrs. Tana’ania Small-Davis who held the position of president for two (2) consecutive terms from 2008.
Miss Durham, served as immediate past First Vice President of the BVI Bar Association, also for two (2) consecutive terms from 2008 and will be supported in her role by a new First Vice President, Mrs. Hazel-Ann Hannaway-Boreland of Harneys, a new Second Vice President, Mr. Andrew Willins of Appleby
, a new Secretary, Miss Monique Peters of Conyers Dill & Pearman
, and a new Treasurer Mr. Mirza Manraj also of Harneys.
The Council is committed to ensuring that the BVI Bar Association continues to make a significant contribution to the legal system and the wider community in the BVI and beyond. It is also dedicated to supporting and protecting the character, standards, status and interests of the legal profession within the British Virgin Islands, as well as, strengthening relations between lawyers and the public together with fostering a better understanding of the law, its role and that of the role of lawyers in the society.
Voluntary association
A voluntary association or union is a group of individuals who enter into an agreement as volunteers to form a body to accomplish a purpose.Strictly speaking, in many jurisdictions no formalities are necessary to start an association...
that regulates
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
the legal profession in the British Virgin Islands
British Virgin Islands
The Virgin Islands, often called the British Virgin Islands , is a British overseas territory and overseas territory of the European Union, located in the Caribbean to the east of Puerto Rico. The islands make up part of the Virgin Islands archipelago, the remaining islands constituting the U.S...
(BVI). It was founded in 1976, but residency requirements for members mean that not all members of the British Virgin Islands legal profession are members. Most resident lawyers within the BVI do in fact join the BVI Bar Association, but it is relatively rare for BVI lawyers who do not practice within the jurisdiction to join. The British Virgin Islands has a fused profession
Fused profession
Fused profession is a term relating to jurisdictions where the legal profession is not divided between barristers and solicitors.It is generally used in the context of Commonwealth countries which have provided by statute for there to be a single profession of "Barrister and Solicitor".In practice,...
and the BVI Bar Association regulates both Barristers and Solicitors within the jurisdiction. At present, the Association has no statutory
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
power.
The Presidents of the Bar Association in order of succession are: Mr Lionel Barker (1976-1982); Mr. McWelling Todman, CBE, QC (1982-1986, d.); Dr. Joseph S. Archibald, QC (1986-1994); Mr. Colin T.S. O’Neal (1994-1996); Mr. Michael Riegels
Michael Riegels
Michael Riegels, QC was the inaugural chairman of the Financial Services Commission of the British Virgin Islands. He is a qualified barrister and was formerly the senior partner of Harneys from 1984 to 1997, and he also served the president of the BVI Bar Association from 1996 to 1998 and as...
, QC (1996-1999); Mr. Paul Webster, QC (1999-2001); Mrs. Hélène Anne Lewis (2001-2003); Mr. Paul Dennis (2003-2006); Mrs. Lisa Penn-Lettsome (2006-2008); Mrs. Tana’ania Small Davis (2008- 2010); Ms. Keisha M. Durham (2010 - present).
Admission
Unlike most national bar associations, the BVI Bar Association does not represent all legal professionals within the jurisdiction. It is a voluntary organisation, and legal practitioners are not eligible to join until they have been resident in the Territory for one year (unless they hold Belonger statusBelonger status
Belonger status is a legal classification normally associated with British overseas territories. It refers to people who have close ties to a specific territory, normally by birth and/or ancestry...
). This is designed to prevent flooding of the association by members of "transient" lawyers, who fly in, get admitted, and then leave the Territory and purport to practise British Virgin Islands law from overseas. This has created increasing problems as ever larger numbers of BVI qualified lawyers working for Offshore Magic Circle
Offshore magic circle
The offshore magic circle refers to a number of law firms practicing in offshore jurisdictions which are considered to be amongst the leaders in the field. The term was adopted as an imitation of the more well-recognised London Magic Circle law firms...
firms practise BVI law from outside of the jurisdiction, meaning that the proportion of admitted BVI lawyers who are members of the BVI Bar Association has dwindled. Nonetheless, the Association is generally understood to speak for the profession as a whole within the jurisdiction, and frequently addresses the Territory's legislature on that basis.
Legal Professions Bill
In June 2006 the British Virgin Islands legislature prepared a draft Legal Professions Bill which, if passed into law, would fundamentally recast the regulating of the profession within the jurisdiction. Although the Bill recognises the continuing existence of the BVI Bar Association, key functions such as ethicsLegal ethics
Legal ethics encompasses an ethical code governing the conduct of persons engaged in the practice of law and persons more generally in the legal sector.-In the United States:...
, professional discipline, admission to practice and the validation of training institutions and pupillage
Pupillage
A pupillage, in England and Wales, Northern Ireland and Ireland, is the barrister's equivalent of the training contract that a solicitor undertakes...
s would be delegated to a newly formed 7 person "British Virgin Islands General Legal Council". The Bill is perceived as controversial, partly because of the level of influence and control which the government would reserve to itself over the legal profession, and partly because the new admission criteria are perceived to discriminate against British educated lawyers. The controversy attached to the Bill was not lessened by the unusually short period (28 days) between the Bill being made available for public review, and its first reading by the legislature. Ultimately the bill was shelved because the controversy made it impossible to pass before the holding of the British Virgin Islands general election, 2007
British Virgin Islands general election, 2007
The British Virgin Islands general election, 2007 was held in the British Virgin Islands on 20 August 2007. The result was a landslide victory for the opposition Virgin Islands Party over the incumbent National Democratic Party ....
, which saw a change of government. The new government has promised to review the position and present a new bill, but never did.
BVI Bar Council - Executive of the BVI Bar Association
| Members | Names |
|---|---|
| President | Ms. Keisha M. Durham |
| 1st Vice President | Mrs. Hazel-Anne Hannaway-Boreland |
| 2nd Vice President | Mr. Andrew Willins |
| Treasurer | Mr. Mirza Manraj |
| Secretary | Ms. Monique Peters |
Election of present Bar Council
At the Annual General Meeting of the BVI Bar Association held on Thursday, 18th November, 2010 at Maria’s By the Sea Hotel, a new Bar Council was elected. Miss Keisha M. Durham of Harney Westwood & RiegelsHarney Westwood & Riegels
Harney Westwood & Riegels was founded in 1960 is a law firm based in the British Virgin Islands . It also has offices in the Cayman Islands, London, Hong Kong, Cyprus and Montevideo. It offers advice in Anguillan, BVI, Caymanian and Cypriot law.The firm began in 1960 when Harold Harney formed the...
(“Harneys”) was elected to the post of president and is the youngest person to hold this position. She was elected, unopposed, and succeeds Mrs. Tana’ania Small-Davis who held the position of president for two (2) consecutive terms from 2008.
Miss Durham, served as immediate past First Vice President of the BVI Bar Association, also for two (2) consecutive terms from 2008 and will be supported in her role by a new First Vice President, Mrs. Hazel-Ann Hannaway-Boreland of Harneys, a new Second Vice President, Mr. Andrew Willins of Appleby
Appleby Spurling Hunter
Appleby is an offshore legal, fiduciary and administration service provider. It has offices in the key offshore locations of Bermuda, the British Virgin Islands, the Cayman Islands, Isle of Man, Jersey, Mauritius and Seychelles as well as the financial centres of London, Hong Kong and...
, a new Secretary, Miss Monique Peters of Conyers Dill & Pearman
Conyers Dill & Pearman
Conyers Dill & Pearman is an offshore law firm. Founded in Bermuda in 1928 , the firm has subsequently opened legal practices in a number of other offshore financial centres, including the British Virgin Islands, the Cayman Islands and Mauritius...
, and a new Treasurer Mr. Mirza Manraj also of Harneys.
The Council is committed to ensuring that the BVI Bar Association continues to make a significant contribution to the legal system and the wider community in the BVI and beyond. It is also dedicated to supporting and protecting the character, standards, status and interests of the legal profession within the British Virgin Islands, as well as, strengthening relations between lawyers and the public together with fostering a better understanding of the law, its role and that of the role of lawyers in the society.