What you should know in order to find the right Attorney for you
Introduction
Attorneys-at-law in Trinidad and Tobago are not specialised upon being admitted to practice, although many may pursue post-qualification degrees in specialised fields. Once called to the bar lawyers can practice in any field as their training is supposed to provide a foundation for all aspects of law. Therefore, there are no specialisations upon becoming an Attorney. It is only by practice that lawyers may choose to specialize in different areas of law, such as family, corporate, property, human rights, or environmental law. This article explains some of the classifications and types of lawyers in Trinidad and Tobago that you should know to help you find the lawyer that is right for you.
Summary: Specialisation has more to do with experience rather than academic qualification.
Attorneys-at-law in Trinidad and Tobago - A brief history of the classification of the profession
In Trinidad and Tobago attorneys can be classified based on whether or not they practice before the various courts. Attorneys who attend court are called advocates or barristers, and they argue cases before judges, juries and other tribunals. Attorneys who do not attend court are called solicitors or instructing attorneys-at-law. They may appear in court but alongside an advocate who primarily addresses the court. They generally prepare legal documents, advise clients on their rights and obligations, prepare deeds for land conveyancing, draft agreements and prepare and probate wills and apply for letters of administration.
At one time in Trinidad and Tobago the distinction between Barristers and Solicitors, as in England, applied and a client had to retain both in order to be represented in court. The solicitor met with the client and took his instructions and prepared court documents and the barrister argued the case before the court. The profession has long since become fused and now allows for an Attorney-at-law to practice and perform all legal services, like in America and most other jurisdictions (even England has now allowed solicitors a right of audience before courts). This was seen to be a cost savings approach for the client who did not need to retain two professionals for one matter. However, the distinction still applies in practice and there are many attorneys who still practice under the former system, being either more of an instructing attorney or solicitor or an advocate or barrister. It is therefore important to know whether or not your attorney practices before the courts, if you require such representation.
Summary: Although an attorney is qualified to attend court, not all attorneys do and many retain the old distinction of either practicing like a solicitor or instructing attorney while others mainly attend court as advocates and barristers.
Civil Attorneys
In Trinidad and Tobago attorneys can also be classified into two main categories: civil and criminal lawyers, although there are many attorneys who practice in both areas. Civil lawyers deal with disputes between individuals or organizations or such entities and the State, while criminal lawyers prosecute or defend cases involving offences against the State or society.
Civil law is a highly complex and varied field and there are some attorneys who practice solely in this area of law. Civil litigation involves private lawsuits or suits between individuals and the State. Civil lawyers are lawyers who handle disputes involving civil matters, such as contracts, torts, property, inheritance, divorce, custody, or personal injury. They help their clients resolve disputes through negotiation, mediation, arbitration, or litigation. Civil lawyers can work for private firms, government agencies, non-governmental organizations, or as independent practitioners. Some of the common types of civil lawyers in Trinidad and Tobago include (the list is not exhaustive):
· Family lawyers: They deal with issues related to marriage, divorce, separation, custody, maintenance, adoption, domestic violence, or child protection.
· Private Company/Corporate lawyers: They deal with issues related to business formation, governance, contracts, mergers, acquisitions, taxation, or intellectual property. As discussed, below, some are also employed solely by companies and other organisations.
· Property lawyers: They deal with issues related to land, buildings, leases, mortgages, transfers, or conveyancing. They often do not practice in the courts.
· Public lawyers: This is a more specialised field of civil law that pertains mainly to claims against the State or State agencies performing public functions and deals with such matters as judicial review and constitutional motions (against the State).
· Employment lawyers: They practice mainly, but not exclusively, at the Industrial Court and also attend disciplinary tribunals on behalf of employees or employers.
· Human rights lawyers: They deal with issues related to the protection and promotion of human rights, such as equality, dignity, freedom, or justice. They often also do criminal work as the type fields overlap. In Trinidad and Tobago such practice involves murder trials and appeals and death penalty work.
· Environmental lawyers: They deal with issues related to the regulation and conservation of natural resources, such as water, air, land, or biodiversity. They advise clients and appear before the Environmental Commission.
Summary: Civil Attorneys practice in a wide range of private suits by individuals or companies against others or the State. There are further sub-specialisations within this field.
Criminal Attorneys
Some attorneys specialise only in criminal law. Criminal lawyers are lawyers who handle cases involving criminal matters, such as murder, robbery, assault, fraud, drug trafficking, or money laundering. They defend their clients against charges brought by the State or the prosecution, or they prosecute cases on behalf of the State or the victim. Criminal lawyers can work for private firms, government agencies, legal aid organizations, or as independent practitioners. Some of the common types of criminal lawyers in Trinidad and Tobago are:
· Defence lawyers: They represent clients who are accused of committing crimes, and they challenge the evidence and arguments presented by the prosecution.
· Prosecution lawyers: They represent the state or the victim in criminal cases, and they present the evidence and arguments to prove the guilt of the accused. They are generally employed with the office of the Director of Public Prosecutions (DPP).
· Public defenders: They are lawyers who are appointed by the Legal Aid & Advisory Authority to provide legal representation to indigent or low-income clients who cannot afford to hire a private lawyer.
· Director of Public Prosecutions: He is the head of the prosecution service in Trinidad and Tobago and is responsible for initiating and conducting criminal proceedings, as well as supervising and directing other prosecutors.
· Private Prosecution: A victim of a crime may hire an attorney to prosecute certain simple summary offences. Also, for an existing police prosecution, a victim may employ an attorney to seek a fiat or permission from the DPP to prosecute the matter privately. This is commonly sought, and permission often given.
Summary: Criminal Attorneys either defend or prosecute persons charged with criminal offences.
Corporate Attorneys
Many companies and other organisations employ lawyers as full-time employees. They deal with issues related to business formation, governance, contracts, mergers, acquisitions, taxation, or intellectual property and advise their employer on any matter related to its business, such as industry-specific regulations or employment law. Many also act as the company secretary, executing documents on behalf of the company and maintaining minutes of meetings of board of directors. They are often forbidden from performing legal services to the public at large without the express permission from their employer and in any event must not allow such services to conflict with their obligation to their employer. (For implied duties of employees see article - Unravelling the Mystery Behind Employment Law and Implied Duties).
Summary: Corporate Attorneys are mainly employed by companies to seek their interest or are engaged in private practice advising on business formation, mergers and acquisitions and other such corporate services.
Senior Counsel
The title of Senior Counsel, or Queen’s/King’s Counsel in other jurisdictions, is bestowed by the Head of State upon deserving attorneys as a recognition of their professional achievement in the field. A Senior Counsel is generally expected to be available to represent in State when called upon. The perks of such distinction include the right to command higher fees and priority of treatment of matters before the court. Senior Counsel traditionally does not appear in court without a junior counsel and an instructing attorney. This makes their retention very costly and for such reason they often represent the State (but can represent any individual or entity) and are usually involved in more complex or valuable litigation. They also often specialise in a particular field.
Summary: Senior Counsel enjoy special privileges before the court but command higher fees and are generally reserved for more complex and valuable litigation.
Conclusion
Any Attorney-at-law in Trinidad and Tobago is trained to represent you and to perform a variety of legal services but not all lawyers are suitable for your needs. The practice of law is so wide and varied that many attorneys choose to specialise in only certain areas of the law. Despite the popular belief, not all attorneys attend court. It is important to know the area of practice of any potential attorney. You may choose to have someone with specialised experience in the field relative to your legal issue. It is also important to ensure that the prospective lawyer you are considering practices in the area that you need. You should discuss this with your lawyer to ensure suitability for the purpose of your particular legal needs.
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