The Law Reports and Senior Counsel

Dear Editor,

While the statistics following may not be totally comprehensive, they are the best that could be gleaned from none other than the West Indian Law Reports, as well as Law Reports of the Commonwealth. The table below which also includes years in practice should invite related interpretations.
20140627Earl John2-1

As indicated, the information reflects its sources. Unfortunately, however, there appears to be no comparable access to information about appearances – in unreported written judgements delivered in the local courts.

Generally, it is those cases which decide important points of law which get reported in the law reports, and which would obviously involve the more accomplished advocates.

However, in pursuance of the argumentation of its status, further examination of the table provides but a brief insight into the performance of attorneys-at-law with five or more appearances at the Caribbean Court of Justice (CCJ) based on written judgements delivered by that highest court.
20140627Earl John2-2 copy

As is well known, the CCJ demands the highest standards of advocacy and debate. Information suggests that at least eight of the attorneys listed in the first table have so far made no more than one appearance in that court.

Hopefully the following statistics are not all askew; even so they should titillate interest about current Senior Counsel.
20140627Earl John2-2

The Table at left is intended to show those attorneys-at-law whose appearances are recorded in the West Indian Law Reports both before and after being honoured as Senior Counsel. It is perhaps noteworthy that the first-named two have recorded a total of ninety-five appearances as compared with the total of one hundred and one appearances achieved by the remaining nine attorneys.

As a matter of interest, however, alongside these ‘Seniors’, the first table shows one ‘Junior’, Mr Gibson, as having an impressive twenty-six reported cases in the Law Reports.

This information should assist those responsible for, or having an input in, appointing Senior Counsel to uplift the profession by identifying and rewarding hard work. The process should not be politicised and there can be no excuse by those responsible to shelter under a claim of ignorance. Members of the public are entitled to call upon the decision-makers to justify the appointments they make.

Yours faithfully,

E B John