By Mark DaCosta- In a resolute decision, the Guyana Bar Association has firmly rejected a request made by two U.S.-trained lawyers to practice in the country and supported by the Attorney General. This decision, passed at a special meeting on November 28, 2024, reaffirmed the Bar’s commitment to maintaining the legal standards and criteria set out by Guyana’s laws, particularly regarding the admission of foreign-trained lawyers.
The request supported by the Attorney General had stirred significant debate within legal circles, as it concerned the eligibility of two attorneys, both of whom are certified and trained in the United States. These lawyers had applied to the Guyana Bar for admission, despite not meeting the requirements outlined in the Legal Practitioners Act, specifically Section 4(1)(a). This section clearly stipulates that only nationals from signatory states to an international agreement can be considered eligible for admission to the Bar, and as the United States is not a signatory to this agreement, the two applicants were deemed ineligible.
This issue was first raised during a meeting between the Attorney General and the Bar Council on November 8, 2024. The Attorney General proposed using Section 4B of the Legal Practitioners Act to bypass the usual restrictions, arguing that the two U.S.-trained attorneys should be allowed to practice in Guyana. However, this suggestion was met with considerable resistance, culminating in the special meeting of the Guyana Bar Association.
During the November 28 meeting, which saw the highest turnout in the history of the Association, Bar members reportedly engaged in intense discussions. At the conclusion of the meeting, a resolution was passed by unanimous vote, rejecting any amendments to the existing law. The resolution, as stated in the official document issued by the Bar Association, declared that there would be no changes to the legal framework governing admissions to the Bar. Specifically, the resolution reaffirmed that “no change be made to the law or order made or granted for the admission to practice of any person or categories of persons other than those already eligible.”
Furthermore, the Bar Association’s resolution made it clear that the two U.S.-trained attorneys were not legally eligible for admission to the Guyana Bar under the current law. This decisive stance effectively quashed the Attorney General’s proposal, and the Bar members expressed their gratitude to the Attorney General for facilitating the consultation, while also emphasising their firm position on the matter.
The significance of this decision is manifold. It serves to uphold the integrity of Guyana’s legal system and ensures that the criteria for admission to the Bar remain strict and in line with the country’s existing legal framework. The Bar Association’s stance also reflects a wider commitment to safeguarding the interests of local legal practitioners, reinforcing the importance of national standards in the practice of law.
In passing the resolution, said one analyst, the Bar Association not only underscored its commitment to upholding the rule of law but also highlighted the importance of maintaining control over who is allowed to practice law in the country. The rejection of the proposal marks a clear and unequivocal position on the matter, setting a precedent for future discussions surrounding the admission of foreign-trained lawyers.
The Guyana Bar Association plays a crucial oversight role in the legal profession within the country. It ensures that only qualified individuals – as determined by the laws of Guyana – are admitted to practice law, thereby safeguarding the integrity of the nation’s legal system. It is an essential body that ensures legal standards are upheld, and it provides a collective voice for legal professionals across the country.
By rejecting the Attorney General’s proposal, the Guyana Bar has reinforced its position as a vital institution that plays a key role in shaping the country’s legal landscape. Its decision on November 28, 2024, represents a strong stance on maintaining the integrity and standards of the legal profession in Guyana.
