Law Association approves 50% reduction in members' fees because of covid19

ATTORNEYS have received a reduction in the payment of their annual subscription fees by 50 per cent for the 2020/2021 law term because of the hardship caused by the covid19 pandemic on the profession.

The approximate cost of the decision to the Law Association is approximately $2.5 million.

In its annual report presented to members at Friday’s annual general meeting, the association’s secretary said the reduction was for the current term only and will serve as an immediate financial relief to members.

The report also said the council has been working with various agencies to advocate for payments of outstanding fees for professional service without delay.

The report gave an account of the last council's stewardship.

According to the report, there were

no “Bench-Bar” meetings during the term of the last council of the Law Association.

These meetings between the association and the Judiciary serve as a forum for the raising and ventilation of issues that involve the courts and the practice of law to ensure the smooth overall administration of justice.

The committee is chaired by the Chief Justice and includes representatives of the association, the registrar of the Supreme Court and other representatives of the Judiciary.

The report said LATT wrote to the Judiciary four times, from June 2019-February 2020, requesting the meetings to discuss issues.

On March 2, the secretary said the CJ responded and “indicated that consideration was being given to LATT’s request for a bench-bar meeting.

“To date there has not been any bench-bar meetings. LATT remains optimistic that a meeting will be convened in due course to address issues surrounding the operation of the judicial system and the overall administration of justice,” the report said.

An overview of the last council’s term, described as challenging but successful, highlighted the two high court actions involving the CJ and calls for his impeachment and a third in which it sought an interpretation of the Value Added Tax Act relating to the charging of VAT to annual subscriptions paid by attorneys.

In the latter, the court held that fees paid by members were not subject to VAT.

The report said in June 2019, the council wrote to the Registrar advising of the judgment and to cease issuing tax invoices to attorneys for fees.

“Therefore, the Board of Inland Revenue is indebted to LATT for VAT paid on account of annual subscription fees,” the report said, adding that steps were being taken by the association to recover the monies paid by it to the BIR.

The report also said the association was seeking to recover VAT paid on fees for 2017-June 2019, as several members have asked for a refund.

The report said no refunds have been paid and the association was engaging assistance from accounting and finance professionals. It also said LATT was writing to the BIR to claim the refund of the VAT paid and the calculation of the amount was not yet confirmed.

The report also gave an update on proposals for resumption of jury trials during the coronavirus pandemic, which included the Judiciary’s position and proposals. The association has already submitted its position and the recommendations of its team, which included members of the criminal bar.

“LATT and the Judiciary undertook to continue  their collaboration,” the report said.

It also spoke of addressing concerns faced by attorneys who practise in central Trinidad, which included a shortage of magistrates in Chaguanas and Couva; the unsuitability of the Chaguanas Magistrates’ court, which does not have attorney/client meeting rooms or waiting areas for lawyers and the public; the inefficiency of the probate registry; and the need for a Family Court in the central area.

At last Friday’s annual general meeting, which was originally scheduled for March 20, but was postponed and convened virtually because of covid19, a new council was voted in.

President Douglas Mendes, SC, and vice chair Patricia Dindyal remained unopposed while Anil Maraj also remained unopposed as treasurer. A secretary will be chosen when the new council convenes.

Although the meeting was held virtually, voting took place by physical ballot and financial practising members, who hold valid practising certificates, were allowed to cast their ballots in marked ballot boxes at three locations in Port of Spain, San Fernando and Tobago.

Elected to fill the position of senior ordinary members were: Theresa Hadad, Shankar Bidaisee, Elena Araujo, Darrell Allahar, Ronnie Bissessar, Frank Bunsee, Frederick Gilkes, Jason Nathu, Lynette Seebaran-Suite and Wayne Sturge.

The five ordinary members are Aaron Mahabir, Trevor Clarke, Alexia Romero, Anuradha Sitala Dean and Joseph Sookoo.