Attorneys protest new CourtPay system

ATTORNEYS are being urged not to pay their practising fees and contributions to the Compensation Fund through the CourtPay system launched on Friday by the Judiciary.

The notice went out to members by the Law Association who have taken issue with the implementation of the electronic payment system without consulting them, and their concerns, which they raised with the Judiciary, have gone unanswered.

The letter to the LATT’s membership said some of its concerns include the comingling of fees and contributions and the commission of charges and transactions fees on members.

“To be clear, the Council of the Law Association does not oppose the implementation of any e-service by the Judiciary but reserves the right as a stakeholder to provide constructive criticism, a function which we can only usefully perform if there is timely and meaningful consultation,” the letter to members said.

In urging members to continue making payments at the Registry of the Supreme Court, the association’s treasurer Theresa Hadad said they intended to write to the Registrar on the issues.

In her letter to Registrar Nirala Bansee-Sookhai, Hadad said the fees collected from new attorneys who were admitted to practise in TT on Friday were “outside of the contemplation of the process provided for under the Legal Profession Act.”

On Sunday, the Judiciary announced the launch of CourtPay for receiving practising fees by electronic payment.

“Not only does the system allow great convenience and reduced transaction costs to individual attorneys who must pay fees annually, but also it has added benefits of savings for the Judiciary and by extension the State,” the media release said. It also said it received its first payment of fees on Friday.

In her letter, Hadad said the provisions of the LPA work on the common premise that discussions relating to the payment of fees and contributions are to be made collaboratively as both bodies have statutory functions and duties under the act.

“It is greatly disappointing to us that you have proceeded to implement a system and to impose transaction fees on the newest members of the association without awaiting articulation of our concerns, meaningful consultation and ultimately, our consent.

“Please inform all such persons newly admitted to the Bar who you have purported to register that the Law Association has not consented to the implementation of Court Pay for the payment of annual subscription fees and contributions to the Compensation Fund and that any transaction fees levied on them by your good self are outside of the contemplation of the process provided for under the LPA,” Hadad said.

She added that given the lack of consent for the implementation of the new system, the lawfulness of the Judiciary’s actions were in question.

Also, among the LATT’s concerns were the nature of CourtPay and its relationship between the Judiciary and WiPay.

At the opening of the law term in September, Chief Justice Ivor Archie defended the CourtPay system, implemented to making and receiving electronic payments into court.

“The Judiciary has always been a revenue collecting centre and a very responsible one at that. It has to be policed and enforced. We seize property and conduct auctions, so please, before you tell us how to run the place, it might be helpful to educate yourself.”

In July, the Law Association (LATT) raised concerns about the legality of the collection of non-refundable “transaction fees” by the Judiciary for its CourtPay system, in the absence of legislation to allow it.

The concern was raised by the association’s president Douglas Mendes, SC, in a letter to Attorney General Faris Al-Rawi, calling on him to allow the association, at the time, to comment on the Payments into Court Bill.

The CourtPay service, was launched in March 2018 by the Judiciary, WiPay and ttconnect. Wipay is the software developer for the CourtPay system.

WiPay (Trinidad and Tobago) Ltd, formerly WiPay Financial Services Ltd–which was incorporated on October 4, 2016– was awarded the contract by the Judiciary to develop the CourtPay software.