Trinidad Law Dean: Legal fees too high

(Trindiad Guardian) In her fea­ture ad­dress cen­tred around ju­di­cial re­form dur­ing the church ser­vice for the cer­e­mo­ni­al open­ing of the 2019-2020 Law Term, Dean of the Law Fac­ul­ty at the Uni­ver­si­ty of the West In­dies (UWI) Pro­fes­sor Rose-Marie Belle An­toine said that, in her opin­ion, lawyer fees in the coun­try “are too high”.

An­toine al­so re­vealed that the lawyer fees in T&T are some of the high­est in the Caribbean re­gion.

“I won­der if this is part­ly be­cause, al­though there has been a fused pro­fes­sion for over three decades, we are still cling­ing on to the di­vi­sion- in­struct­ing at­tor­neys and so on- re­sult­ing in two sets of fees, which may not be the case any­where else in the re­gion,” she said.

She ex­plained that there were or­di­nary cit­i­zens out there who al­so have the right to be heard and to ob­tain jus­tice “based on the mer­it of their cas­es” but are pre­vent­ed from do­ing so “sim­ply be­cause it is too ex­pen­sive”.

“We all think that we de­serve high fees and high sta­tus be­cause af­ter all, we stud­ied hard, we de­serve it. How­ev­er, our abil­i­ty to de­mand such an el­e­vat­ed place in so­ci­ety came at a so­cial cost.”

She ex­plained that aside from in­di­vid­ual lawyers’ hard work there were oth­er fac­tors such as stu­dent loans, GATE, and col­lec­tive de­ci­sions by the state which con­tributed to their le­gal ed­u­ca­tion.

Is­rael Khan SC, how­ev­er, dis­put­ed An­toine’s claims. In an in­ter­view with Guardian Me­dia yes­ter­day, Khan re­fut­ed her com­ment say­ing: “She has not been a prac­ti­tion­er and I do not know how she ar­rived at the con­clu­sion that lawyers’ fees are too high…where is the em­pir­i­cal ev­i­dence to sup­port such a po­si­tion?”

Though, he ad­mits there may be the pos­si­bil­i­ty that there may be in­stances where this may be true for some lawyers.

At­tor­ney Kavi­ta Per­sad al­so dis­agreed with An­toine say­ing that “there is a sched­ule and I think most at­tor­neys gen­er­al­ly stick to the sched­ule.” The sched­ule is a doc­u­ment which guides lawyers on how to charge clients for their ser­vices.

Al­so speak­ing to the many de­fi­cien­cies with­in the coun­try’s ju­di­cial sys­tem dur­ing her re­marks, the pro­fes­sor said that the sys­tem along with some of the na­tion’s laws, “re­mains alien­at­ing and in­ac­ces­si­ble” which con­tributes to a pub­lic per­cep­tion that they are bi­ased to­wards those in so­ci­ety who are so­cio-eco­nom­i­cal­ly bet­ter off.

She al­so it­er­at­ed that ref­or­ma­tion was need­ed with­in the mag­is­tra­cy and it was “time to bring the mag­is­tra­cy sys­tems in­to the 21st cen­tu­ry”.

Ear­li­er this month, the Ju­di­cia­ry pre­sent­ed an Elec­tron­ic Court Man­age­ment Suite to a group of stake­hold­ers called TT.jim.

An­toine said this would make strides to­wards im­prov­ing the ef­fi­cien­cy with­in their sys­tems and pro­ce­dures.

How­ev­er, she cau­tioned that any ben­e­fits de­rived from the new tech­no­log­i­cal sys­tems would be negat­ed if prac­tices such as un­nec­es­sary ad­journ­ments and ac­cept­ing too many cas­es are con­tin­ued.