Senator: Lawyers not always good managers

INDEPENDENT Senator Anthony Vieira has said attorneys may not always be suited to perform a dual role as managers.

He made this observation during his contribution to the debate on the Miscellaneous Provisions (Judicial and Legal Service) Bill, 2024 in the Senate on September 9.

The bill was passed in the House of Representatives on July 3 by a vote of 20-17.

Debate on the bill began in the Senate on July 4. The Senate last debated the bill on July 5.

Some of the issues the bill deals with include expanding the definition of a chief legal officer to include the Registrar-General and amending the Children Act by "introducing flexibility in who can perform the functions of a children’s attorney or a senior children’s attorney, notwithstanding an appointment by the Judicial and Legal Services Commission."

Vieira said, "I support this legislation where it enhances the delivery of legal services in the country's civil law departments."

In this regard, Vieira added that he had no problem with provisions in the law for the creation of a post of chambers manager who will be responsible for "general administration support."

He said the person did not have to be an attorney. Vieira told senators it was common for law firms and chambers to have people to perform administrative support management.

He said that was so "given that lawyers are not the best managers or administrators, given that the management of day-to-day operations such as ordering and maintaining supplies, managing office budgets, and pretty much managing everything which has to do with the office environment is a hands-on, demanding affair."

When senior attorneys assumed the role, Vieira continued, "their billing hours and their law practices suffer.

"That's not an effective use of valuable time and resources."

Vieira saw no reason why anyone could object to the role of a chambers manager, as the person served the law firm or chamber.

"They have no power to tell any attorney how to do their work."

Vieira did not see the value in the legislation of changing the titles of certain legal posts such as that of chief solicitor to chief state attorney.

While he was willing to support the bill, Vieira did not see it as a long-term solution to hiring and retaining qualified professionals within various civil law departments.

He attributed some of the challenges in that regard to people being employed in such departments on short-term contracts.

"Given the bureaucratic constraints, that proved to be a frustrating, unpredictable and protracted process."

Vieira said ensuring the long-term employment of critical officers in civil law departments was critical, as they oversaw important legal and commercial matters.

"When you are on a fixed-term contract, you are in a very precarious and unfair situation."

He said such people could not take sick leave, would not get paid if they stayed home, could not take vacations and could not get car loans or a mortgage. Vieira was concerned there could be a mass exodus of workers from civil law departments if the situation was not addressed.

"That would not be good news for the country."

He suggested that having such people employed on contracts of five years or less could prevent such a situation.

Vieira said the bill was a necessary stop-gap measure to "stave off a clumsy, bureaucratic process desperately in need of overhaul."

He added that Chief Justice Ivor Archie shared a similar view in his pronouncements on a recent court matter.

Vieira said Archie described the situation of retaining qualified people within the public service as "a dysfunctional landscape."