-upholds regulation barring non-nationals
The Bar Association of Guyana has determined that attorneys-at-law from the United States of America cannot be allowed to practise here, in accordance with the criteria set out in the Legal Practitioner’s Act.
The Association issued a release yesterday informing that on Thursday, it had convened a Special Meeting pursuant to Rule 6(4) of its Rules, to consult on a request made to the Attorney General, by and on behalf of attorneys-at-law who have been trained, certified, and are nationals of the United States of America, not falling within Section 4(1)(a) of the Legal Practitioner’s Act, Cap. 4:01, for admission to practice here under Section 4B of the said Act.
According to the Bar Association, the meeting stemmed from a consultation with its Bar Council by Attorney General Anil Nandlall SC on November 8, where the Attorney General had brought to the attention of the Bar Council, a request to him to grant an Order under the aforesaid Section 4B for the admission to practice in and before the Courts in Guyana by two attorneys-at-law from the United States of America who do not fall within, and therefore outside of, the requirements for admission pursuant to aforementioned Section 4(1)(a).
The release explained that Section 4(1) (a) requires that in order to be eligible for admission to practice law here, the person must be a “national”, defined within the terms of the establishing Agreement. That is, belonging to one of the signatory member states. The United States of America, it pointed out, is not such a member state.
The Bar Association also disclosed that Special Meeting saw the largest attendance in the history of the Guyana Bar where Members put forward strong, unified views and much robust discussion ensued before the following resolutions were unanimously carried:
BE IT RESOLVED THAT it is the unanimous view of the Guyana Bar expressed at a Special Meeting held by The Bar Association of Guyana on 28 November 2024 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 for admission to practice in Guyana now in accordance with Section 4(1) of the Legal Practitioners Act, Cap. 4:01.
IT WAS FURTHER RESOLVED THAT it is also the unanimous view of the Guyana Bar expressed at the aforementioned meeting that the persons in respect of whom consultations were sought by the Honourable Attorney General for admission to practice pursuant to Order made in exercise of Section 4B of the Legal Practitioners Act, Cap. 4:01 appear to be legally ineligible for admission to the Guyana Bar.
“The Bar Council extends its appreciation to the Honourable Attorney General for the opportunity to be heard on this matter and should it become necessary, will take all steps to ensure that the aforesaid resolutions are effected,” the release added.
