A bill seeking to protect the public from misconduct by attorneys-at-law yesterday received the backing of both Government and Opposition senators.

The bill, piloted by Attorney General and Minister of Justice A J Nicholson, was fully supported by opposition spokesperson on legal matters Dorothy Lightbourne, as well as government senator Donna Scott-Mottley.

Nicholson told the Senate that a second bill would be coming to the House as soon as the members of the profession can reach agreement on the issues, without even more far-reaching measures.

“There are some vexed questions contained in those recommendations,” the attorney general told the Senate. “In that matter, there has been a lot of to-ing and fro-ing within the profession in an attempt to reach an agreement.”

However, he said it was wise that the government wait until there was agreement within the profession itself on the proposed bill.

The bill seeks to amend the Legal Profession Act to give effect to recommendations made by the General Legal Council (GLC) to ensure the competence and conduct of attorneys-at-law.

Senator Nicholson said that it would tighten up the legislative provisions in some instances and clarify certain areas of ambiguity in others, “and generally enhance the effectiveness of the regulatory machinery, and the regulatory body”.

The principal changes relate to areas such as practising as an attorney-at-law without a practising certificate; practising through fraud or misrepresentation; jurisdiction and powers of the disciplinary committee of the GLC; and fines for breaches of the provisions.

Senator Lightbourne, who is a member of the GLC, said that its disciplinary committee has had its hands tied by the ambiguities in the current provisions and, on occasions, the council and/or committee did not know how to proceed.

She pointed out that the GLC was not financed by government outside of a small subvention and suggested that the sum be increased to help it operate more effectively.

Senator Mottley, who is also a member of the council, said the number of attorneys practising without proper certificates would be affected by the new provisions.

The bill was originally tabled in 1998, but fell off the Order Paper after senators took issue with the provisions seeking to make practising as a lawyer without a valid practising certificate a criminal offence.

Nicholson admitted that he supported that position, as did Senator Lightbourne.

He said, however, that the bill has since been reviewed by the GLC and a decision taken that practising without a valid certificate would be treated as professional misconduct to be dealt with by the GLC, instead of a criminal sanctions to be handled by the police.