IMPACT Justice Final Report 2018

IMPROVED ACCESS TO JUSTICE IN THE CARIBBEAN
(IMPACT JUSTICE)
FINAL REPORT ON
SURVEY OF LEGAL EDUCATION
IN CARICOM MEMBER STATES
February 2018
© Government of Canada
No part of this publication may be reproduced or transmitted in any form or by any means, including
photocopying and recording, without the written permission of the copyright holder, application for
which should be addressed to the IMPACT Justice Project, CARICOM Research Building, UWI, Cave Hill
Campus, Barbados. Such written permission must also be obtained before any part of this publication is
stored in a retrieval system of any nature.
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TABLE OF CONTENTS
Page No
Preface i
Executive Summary 1
1. Section: Introduction 9
1.1 Background to the survey 9
1.2 The participating CARICOM countries 11
1.3 The survey participants 11
1.4 History of legal education in the Caribbean 11
1.5 Post 1971 developments – CLE and UWI 15
1.6 U.G., UTECH, the College of the Bahamas and others 19
1.7 Post LL.B. legal education 29
1.8 Investigative approach 21
Notes to Introduction 25
2. Special Features of Countries Included in the Survey 27
2.1 Antigua and Barbuda 27
2.2 The Bahamas 27
2.3 Barbados 29
2.4 Belize 30
2.5 Dominica 30
2.6 Grenada 31
2.7 Guyana 32
2.8 Jamaica 33
2.9 Montserrat 33
2.10 St. Kitts & Nevis 34
2.11 St. Lucia 35
2.12 St. Vincent & The Grenadines 35
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2.13 Trinidad and Tobago 36
Notes to Section 2 38
3. Terms of Reference 41
3.1 To consider the purpose of legal education and revisit the “West Indian System” to see how
thinking has changed since it was designed in the 1960s 41
3.2 To consider whether the existing system of legal education in the region is adequately meeting
the needs of the region 42
3.2.1 The current and projected demand for legal education opportunities and the need for the
services of legally trained persons 42
Recommendations 1-5 50
3.2.2 The current arrangements for funding legal education and the scope for change, particularly
taking into account the prevailing and projected economic environment (see section 3.12)
3.3.1 The current system of admission to the faculties of law, University of the West Indies (UWI),
University of Guyana (UG) and the University of Technology, Jamaica (UTECH) 51
3.3.2 Should students be required to compete through an entrance exam? 53
3.3.3 Should the “direct entry” system be retained? 54
3.3.4 Should the LL.B. be a postgraduate qualification as in North America? 56
Recommendation 10 58
3.4.1 The current system of admission to law schools 58
3.4.2 The University of Guyana and The Bahamas Protocol Exceptions 58
3.4.3 The imperatives informing the Articles 3 and 5 Treaty provisions 59
3.4.4 Factors further impacting access to the CLE law schools by non-UWI LL.B. graduates 59
3.5.1 Examination of the existing curricula of the UWI, UG and the law schools, to determine
Relevance to the economic development of the region 69
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3.5.1.1 The law faculties 69
3.5.1.2 The law schools 74
3.6 Law and practice of the smaller jurisdictions 77
3.7.1 The extent to which technology is being used at the faculties of law and the law schools for
teaching and training 80
Recommendation 24-26 81
3.7.2.1 Is the technological infrastructure adequate, and is the requisite technical support available
to support cross-campus offerings? 81
3.7.3 To what extent are courses developed and offered from one campus for the benefit of all 82
3.7.4 What is the effect of cross-campus offerings on costs? 84
3.7.5 To what extent does the use of technology prepare attorneys-at-law for utilising technology
in their work? Is there a link between use of technology at law schools and technology used
in the law courts of the region 84
3.8.1 Are the quality assurance systems in place at the faculties of law and law schools adequate?
Is there provision for external parties to comment on courses and programmes 86
3.8.2 Are staffing levels in the faculties of law and law schools adequate to meet teaching and
Training needs 91
3.8.3 Are the physical facilities at the faculties of law and law schools fit for purpose? 94
3.8.3.1 Physical estate 94
3.8.3.2 Libraries 95
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3.9 What is the impact of globalisation on the training of lawyers and the practice of law? 96
3.10.1 How well equipped are new practitioners graduating from the West Indian System of
Legal Education for practice in non-traditional areas of law 99
3.10.2 Pupillage and mentoring 99
3.10.3 Continuing legal professional development 101
3.10.4 Strengthening professional disciplinary capacity and professional standards 102
33.10.5 Specialisation and non-traditional areas of law 103
Recommendation 42 107
3.11.1 Should the Council of Legal Education be an accreditation body? 107
3.11.2 The Council of Legal Education as regulator, supervisor and licensor:

the Kenya and New Zealand Models Considered 111
3.11.3 The proposed statutory framework 114
3.11.4 Establishment of new law schools: Guyana, Jamaica and Antigua and Barbuda 114
3.11.5 The way forward for the Council of Legal Education 116
3.12 Should regional governments continue to fund legal education, and if yes, at what level? 118
4. Conclusions 129
Notes to Section 3 132
5. Appendices 139
1. Terms of reference for fourth part of the Survey 139
2. Consultants’ Travel Schedule and meetings August 17- September 2, 2016 141
3. Framework for quality assurance 148
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4. LL.B. admission criteria 162
5. LL.B. Curricula 165
6. LEC structures and curricula with examples of vocational courses from outside
the region 169
7. Finance: National funding arrangements 173
8. Bibliography 176
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List of Tables
Page
Table 1 Schedule of consultancy activity 24

Table 2 Estimated number of lawyers in CARICOM Member States 44
Table 3 Legal expertise needs of CARICOM Member States 49
Table 4 Cost benefit of cross-campus/cross institution offerings 84
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List of Figures
Page
Figure 1 Overview of legal education in the Commonwealth Caribbean 23
Figure 2 Estimated number of lawyers in CARICOM Member States 44
Figure 3 Advantages and disadvantages of different approaches to admission
to the LL.B. 53
Figure 4 Advantages and disadvantages of a second degree model 57
Figure 5 Comparing the UWI LL.Bs 72
Figure 6 Comparing the law schools 76
Figure 7 Cross campus/cross-institution offerings 83
Figure 8 Staffing 93
Figure 9 Suggested areas of knowledge, skills and attitudes for enhancement
In legal education 104
Figure 10 Approaches to the future of the CLE 109
Figure 11 Funding of legal education by governments and other entities 122
Figure 12 Summaries of views on government funding 122
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Glossary
The Bahamian Protocol The protocol to the Treaty enabling the Bahamas to admit to practice
practitioners from jurisdictions outside the Commonwealth Caribbean
without requiring them to complete the six month programme.
The Barnett Report The 1996 report prepared under the chairmanship of Dr The Hon.
Lloyd Barnett O.J.
CLE Council of Legal Education (West Indies) which has a remit to oversee
legal education in the Commonwealth Caribbean and, in particular,
operates the three (3) law schools in Jamaica, Trinidad and the
Bahamas.
Commonwealth Caribbean For the purposes of this report, the countries and territories of
Antigua and Barbuda, Bahamas, Barbados, Belize, Dominica, Grenada,
Guyana, Jamaica, Montserrat, St Kitts and Nevis, St Lucia, St Vincent
and the Grenadines, Trinidad and Tobago.
Competence In the context of this report, having the range of knowledge, skills and
attributes, at the appropriate level, required at the point of
qualification as a lawyer.
CPLD Continuing professional legal development. In the context of this

report, formal educational activities participated in by practising
lawyers. Such activities may be provided by a law faculty or law
school, by a bar association or by other organisations such as a
government department. In jurisdictions outside the Caribbean this
may be referred to as Continuing Professional Development (CPD) or
Continuing Legal Education (CLE).
CSME Caribbean Single Market and Economy.
Direct entry Entry into the LLB with advanced standing for graduates from non-law
disciplines.
DL Distance learning.
EDLS Eugene Dupuch Law School, The Bahamas
Exempting degree In jurisdictions which normally separate the academic stage of

professional legal education from the vocational stage, a degree
which combines them. Examples can be found at Lakehead (Canada),
Flinders (Australia) and a number of universities in England and Wales.
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HESA Statistics Higher Education Statistics Agency (HESA) Statistics. The Higher
Education Statistics Agency (HESA) is the official agency for the
collection, analysis and dissemination of quantitative information
about higher education in the United Kingdom.
HWLS Hugh Wooding Law School, Trinidad and Tobago
JD A postgraduate, three year, law degree envisaged as preparation for

legal practice. It may be the standard route towards qualification (as
in the USA and Canada) or an alternative to an LLB (as in Australia and
Hong Kong).
LAC Legal Affairs Committee of CARICOM
Law Faculty A university department which delivers its own LLB (and may also
offer LLM and research degrees, CPLD to the profession, and other
courses).
Law School One of the three (3) institutions established and operated by the CLE
which delivers the Legal Education Certificate (LEC) course.
Lawyer In the context of this report, a solicitor, barrister or attorney.
LEC Legal Education Certificate. The postgraduate vocational qualification

which is a precursor for all those wishing to practise in the
Commonwealth Caribbean (other than those admitted under the
Bahamian protocol or other discretions).
LLB Bachelor of Laws. An undergraduate degree in law, normally of three

to four years in length. It may be a required precursor to a vocational
stage and to qualification to practise, but may be taken by students
who do not wish to qualify as a lawyer.
NVivo databases NVivo is software that supports qualitative and mixed methods
research. It is designed to help you organize, analyze and find insights
in unstructured, or qualitative data like: interviews, open-ended
survey responses, articles, social media and web content.
NMLS Norman Manley Law School, Jamaica

OECS Organisation of Eastern Caribbean States.
Other provider A college or private organisation that is not a law faculty or law school
providing legal education. It may offer, for example, courses designed
for paralegals, or support those studying for an LLB awarded by
another institution (e.g. the London University external LLB).
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Quality assurance Processes by which an authority establishes that the content, delivery
and logistics of a course are fit for purpose.
The Treaty The Agreement establishing the Council of Legal Education in 1970
implementing the framework set out in the Wooding Report.
The six month programme The prescribed length of the LEC for entry by practitioners from
common law jurisdictions outside the Commonwealth Caribbean.
The two year programme The prescribed length of the LEC for entry from the LLB
UG The University of Guyana.
UWI The University of the West Indies.
UTech The University of Technology, Jamaica.
The Wooding Report The 1965 report under the chairmanship of Sir Hugh Wooding CBE,
Chief Justice of Trinidad and Tobago which established the basis for
legal education in the Commonwealth Caribbean.
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PREFACE
Improved Access to Justice in the Commonwealth Caribbean (IMPACT Justice) is a regional justice
sector reform project being funded by the Government of Canada. It is being implemented from
within the Caribbean Law Institute, Faculty of Law, University of the West Indies (UWI), Cave Hill
Campus, under a contribution agreement between the Government of Canada and the Campus. The
Project commenced in March 2014.
The purpose of the Project is to enhance access to justice for the benefit of women, men, youth
and businesses in CARICOM Member States. Its goal is to strengthen legal frameworks, improve legal
professionalism and legal services including legal education and information and facilitate increased
knowledge and use of Alternative Dispute Resolution (ADR) mechanisms as a means of settling
disputes without court intervention.
One of the early sub-projects to which IMPACT Justice committed under its Legal Profession
and Legal Education component was the conduct of a survey of legal education in the region. Why a
survey at this time? It is a response to concerns by some policy makers and members of the legal
profession that the time has come for a review of the “West Indian System” of legal education which
was established in 1971. The concerns stemmed from the burgeoning numbers seeking legal
education under a system with built-in entry control features which some consider unfair and
discriminatory, limited physical facilities at both the law faculties and the law schools and the
inability of some governments to continue financial support for legal education at the same levels as
earlier.
The broad objectives of the survey were to consider the status and relevance of the current
legal education system and the extent to which it meets the needs of the respective Commonwealth
Caribbean societies, culminating in the crafting of recommendations designed to improve access.
Both the system established in 1971 and changes made since then are considered in the
Introduction to this Report. The second section presents an overview of the characteristics of the
legal profession in the English speaking CARICOM Member States in which the Survey was
conducted. The third section reports on findings and recommendations.
The Report is the result of a survey conducted between 2016 and 2017 as follows:
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(1) a background research phase during which earlier reports on legal education,
information on the legal profession and on the Faculties of Law and Law Schools were
compiled by the IMPACT Justice Project Implement Unit;
(2) conduct of a public opinion survey on the legal profession and legal services by CADRES
on behalf of IMPACT Justice;
(3) conduct of a survey of the legal profession to hear their views on legal education and the
extent to which it prepared them for the world of work conducted on behalf of IMPACT
Justice by the UWI Cave Hill Quality Assurance Unit;
(4) a fourth stage during which a group of three Consultants made recommendation in a
draft report for which they drew heavily on reports prepared under parts (1) to (3), other
studies and interviews with key stakeholders in the region;
(5) a final stage during which the draft report produced at (4) was circulated to the CARICOM
LAC, the Council of Legal Education, faculties of law, law schools and members of the
legal profession in the region. The draft report was revised after comments and
recommendations were received, especially in relation to the two most important areas
of the report - future access to legal education which is linked to a proposal for the
conversion of the Council of Legal Education into an accreditation body and the funding
of legal education by governments.
IMPACT Justice thanks Prof. Jane Ching, Dr. H. Adrian Cummins and Dr. Noel Watson, the team of
Consultants whose country reports, comments and recommendations form the bulk of sections two and
three of this final report; Mrs. Karen Tesheira who was rapporteur to the Consultants and who also made
a substantial contribution to the final report; Dr. Corin Bailey of the Sir Arthur Lewis Institute for Social
and Economic Studies (SALISES), UWI Cave Hill Campus who designed the questionnaire used to obtain
information from the legal profession in the region; Koelle Boyce of the Quality Assurance Unit, UWI,
Cave Hill Campus who managed distribution of the questionnaire and analysed the results; Peter
Wickham, managing director of CADRES who designed and conducted a public opinion survey on lawyers
and legal education in Barbados, Belize, Guyana, Jamaica, St. Kitts and Nevis, St. Lucia and Trinidad and
Tobago and Mr. Allan Burnett who performed the duties of rapporteur at some of the meetings held by
the Consultants.
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Thanks are also due to those who agreed to be interviewed by the Consultants or submitted
comments on the draft report. Included in this group were: Hon. Attorneys General and Ministers of
Education; members of the Judiciary; presidents and other members of bar associations; Deans of the
Faculties of Law of the UWI and UTECH and heads of the Departments of Law of the University of the
Bahamas, and of the University of Guyana; the Principals of the law schools, or their representatives;
representatives of the student bodies of the faculties of law and law schools; recent graduates; law
graduates of external universities and non-lawyers.
An enormous debt of gratitude is also due to the staff of the IMPACT Justice Project, especially
Henderson Waithe, Charlene Walkes and Ann St. Hill who worked tirelessly to ensure that all the
necessary travel and other arrangements were made, including assembling the voluminous background
documents.
Finally, IMPACT Justice thanks the Government of Canada for providing the funds without which
this Survey would not have been possible.
Velma Newton (Prof.)

Regional Project Director
IMPACT Justice
Caribbean Law Institute Centre
Faculty of Law
UWI
Cave Hill Campus
Barbados
February 2018
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Executive Summary
This document is the final report on the Legal Education Survey undertaken by the IMPACT
Justice Project.
The Survey commenced in 2016 with a number of preliminary studies and continued with
three consultations with members of the legal profession and the public, the last led by a team of
consultants, who sought views on the Terms of Reference set out in Appendix 1.
The “West Indian system” of legal education, conceived in the 1960s and implemented in the
1970s, created an intra-regional system of professional legal education, designed not only to create
competent professionals capable of practising across the region, but also to promote intra-regional
coherence. That system in its initial iteration involved all domestic students undertaking a single LLB
programme provided by the University of the West Indies, followed by a general practice
vocational course (the LEC) offered by the Council for Legal Education, a body representing the legal
professional expertise and governments of Commonwealth Caribbean countries. This programme was
offered at two law schools (in Jamaica and Trinidad and Tobago). Entrants with non-Caribbean LLBs
were provided for by a benchmarking entrance examination for the LEC based on Caribbean law and, if
qualified as lawyers elsewhere, a shorter form of the vocational course (6 months). It was not, initially,
possible for a student to complete the entirety of their legal education in a single country, but in two, a
device that may have been unique. Quotas were in place to ensure that students from the smaller
jurisdictions had access to the LEC in particular, and overall numbers were considerably smaller than
they are now.
Courses have been reviewed and adjusted over the years and new developments, such as
the highly-regarded LLM in Legislative Drafting, have addressed some of the needs of the region and
the law schools have gone from two to three. In essence, the regulatory structure has not changed,
but other developments, which have placed significant pressure on the system support the need for
change. These may be summarised as:
a) An increase in persons graduating from the UWI faculties of law caused by expansion of
these faculties during the last eight years whose automatic right of entry to the law
schools.
b) A demand for places at the law schools from those with non-UWI Caribbean LLBs and a
strong perception in some quarters that automatic admission of UWI students and a quota
system for UG qualified students is unfair.
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c) A law school entrance examination now being applied to graduates of some, but not all,
Caribbean LL.Bs as well as to graduates with foreign LL.Bs.
d) The unmet demand for places being addressed by foreign degrees and qualifications
outside the remit of the Treaty facilitated in some countries by local admission provisions
that allow those part-qualified abroad to be admitted as lawyers in the Caribbean and
resulting in requests being made for the opening of an additional two, possibly three law
schools to join the three now existing.
e) Aging estate in some of the faculties and schools which could affect morale and student
experience as well as impede the extent to which technology can be used.
f) A paucity of lawyers in areas of practice that might be regarded as lower status or more
stressful or problematic: criminal defense work, legal aid work, government service.
g) Challenges to funding of legal education by governments, which inhibits the activities of

the faculties and schools – including research and innovation in teaching and assessment -
and ties up the workload of the CLE.
h) A cash-strapped CLE, managing three law schools, which could generate its own revenue if
it is transformed from being a manager of law schools to an accreditation body. In this new
role, the Council would play an important and critical role in: regulating legal education and
training in the region, licencing, supervising, monitoring and evaluating legal education
providers, setting standards for their accreditation, curricula, modes and quality of
examinations, for harmonization of legal education programmes in the region at the post-LL.B.
level and advising government on matters relating to legal education and training.
(i) Concerns about support for young lawyers emerging from the system, particularly those
immediately entering sole practice.
IMPACT Justice hopes that the recommendations made throughout this report, and brought
together is this Executive Summary will be accepted by stakeholders, and will enable the region to move
forward, enhancing rather than dismantling the positive aspects of the original vision. The most burning
issue has been restricted access by some citizens to practise law in the region. Strong arguments have
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been made in favour of the right of suitably qualified persons to be able to practise law in the region;
that the current admission policy to the CLE law schools with respect to non-UWI graduates is
discriminatory and inequitable and that a mechanism is needed to ensure that both UWI and non-UWI
LLB graduates obtain the qualifications necessary to practice law. It is in this context that this report
recommends that the CLE assumes a new role and function of regulator of law schools in the region,
existing and prospective, and whether publicly or privately funded. The legal and functional model
implemented by the Council of Legal Education of Kenya, and to a lesser extent, that of New Zealand,
should prove instructive in crafting a regulator/licensor role for the CLE. The sooner steps are taken in
this direction, the better for the region.
Second in line to the vexed question of access by more CARICOM citizens to legal qualifications
to enable them to practice law, is that of the extent to which governments should continue to fund legal
education. The IMPACT Justice surveys and responses to the Consultants mainly support continuation of
government funding of legal education. The reasons vary from no civilized society surviving without a
justice system, to government involvement being necessary to ensure that some lawyers train in needed
specialist areas. The IMPACT Justice recommendation is that governments continue to part-fund legal
education, by way of grants, depending on what they can afford, and continue to provide scholarships,
bursaries and loans, using a means test for the two last mentioned mechanisms. Students would be
responsible for finding any economic fees which the government grant cannot meet, their tuition and
petty fees.
Recommendations
In answer to each element of the terms of reference set out for phase 4 (See Appendix 1) the
Consultants made one or more recommendations in their draft report, which have been
supplemented by responses and further research undertaken by IMPACT Justice for the final report.
The reasoning behind each of the recommendations is set out in the main text of this report.
3.2.1 The current and projected demand for legal education opportunities and the need for the
services of legally trained persons (pp. 50-51)
1. It is not possible to advise with any reliability on the present or future needs for lawyers in
any CARICOM Member State except to the extent provided in Table 3.
2. Efforts should be made by bar associations in each CARICOM Member State to collate
accurate statistics of the number of active practitioners, new calls and ideally areas of
specialisation. This information would be basic to any special study on present and future
needs.
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3. Where there are known recruitment gaps, e.g. as suggested by the information in Table 3,
governments might consider providing national development scholarships at the post-
graduate level under bonding arrangements, specifically for persons to work in areas
which they consider crucial to national development, such as in the prosecution services.
4. The reported shortage of criminal defense lawyers in many countries should be of particular
concern. Senior lawyers who have built up successful criminal practices should be
encouraged to speak to law students about the contribution to society made by criminal
lawyers and to hire some of them for in-service training.
5. Efforts should be made by the CLE, law schools, law faculties and bar association to provide
information to potential law school students at schools and town hall meetings about a) the
range of opportunities for those who have studied law but do not become practitioners and
b) the realities of legal practice, including the chances of obtaining a place at law school, the
challenges facing newly qualified practitioners and salary/income levels.
3.3.1 The current system of admission to the faculties of law, University of the West Indies (UWI),
University of Guyana (UG) and the University of Technology, Jamaica (UTECH)
3.3.2 Should students be required to compete through an entrance exam? (p. 54)
6. There is no obvious need for an entrance examination for the LLB.
7. With regard to additional aptitude tests as admission criteria into the LL.B. programme,
while such tests would assist in filtering out or identifying those persons most suited to
pursuing a legal profession career, and might result in fewer persons entering the law
schools, in the present circumstances it would be an additional expense for which there in no
sufficient or cogent justification, particularly given the possible cost to regional governments
with limited resources. Furthermore, the dissatisfaction currently felt by non-UWI LL.B.
holders denied admission to the law schools would be replaced, possibly, by an even larger
body of dissatisfied LL.B. holders, including some who are UWI graduates.
3.3.3 Should the “direct entry” system be retained? (p. 55)
8. The direct entry route for admission to the LL.B. programme should be retained.
9. The issue of admission to practice outside the Treaty arrangements is essentially a political
decision and is in the main due to the restrictions which the Treaty places on admission to
practice law within the region. The admission restriction has outlived its relevance given that
it was in part intended to ensure that persons attended the UWI’s Faculty of Law and
thereafter the CLE’s Law Schools. Today, the issue is one of demand for admission far
outstripping available places. The Council’s shift from law school operator and manager to
regional accreditation entity and licensor of law schools recommended further in this Report
would address this issue by placing the focus on quality of the qualification as opposed to
whether it was attained regionally or extra-regionally, an approach which is consistent with
the globalised environment in which today’s attorney-at-law practices.
3.3.4 Should the LL.B. be a postgraduate qualification as in North America (p. 56)
10. Although many of the survey participants recognized that there is value in requiring
applicants to the LL.B. programme to have a first degree as an admission requirement, the
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consensus was that it is not a viable option financially. The desire for multidisciplinarity in
Caribbean legal education could be achieved by identifying useful non-legal subjects (e.g.
economics, psychology etc. which could be introduced as options in the Year 3 LL.B.
programme, or by offering a four year joint or double degree in addition to the existing three
year LL.B. The current three year law degree at UWI allows students to take up to two Level
III, non-law courses. These allow a student to further reinforce an area of legal study with
related courses in a difference discipline.
3.4.1 Current system of admission to the law schools (p. 69)
11. Any future framework for Caribbean legal education should acknowledge that the degrees
offered by UG, UTECH the University of the Bahamas and possible new entrants are, by
definition, like the UWI LL.Bs, degrees in Caribbean law and their students should have
automatic right of entry to the law schools.
12. The opening of additional law schools under the aegis of the CLE as presently constituted and
with its present mandate will not solve the problem of access if large numbers continue to
graduate from the UWI faculties of law with right of automatic entry and little space is left
for non-UWI LL.B. holders. The recommendation, to be presented in full later on in this
report, is that the CLE shifts from law school operator and manager to regional accreditation
entity and licensor of law schools, existing or to come, a position in which it will be required
to focus on quality of qualifications as opposed to whether they are attained regionally or
extra-regionally, an approach which is consistent with the globalized environment in which
today’s legal practitioner operates. However, the opening of additional law schools under
the CLE may be a stop gap measure while the role of the CLE is reexamined and changed.
13. There is no need to devise an additional assessment for admission to the law schools by LL.B.
degree holders at this time. If the CLE becomes an accreditation body, evaluating
qualifications of local and foreign LL.B. holders, it would adopt such measures as it thinks fair
and likely to control quality.
3.5.1 Examination of the existing curricular of the UWI, UG and the law schools to determine
relevance to the economic development of the region (p. 74)
The law faculties (p. 74)

14. Ensure that LLB third year options are reviewed from time to time to be in step with the
needs of the region.
15. Expand the use of technology in which experts in one faculty or law school can deliver a
lecture simultaneously across all faculties or law schools. The benefits would be in cost
saving as well as strengthening relationships.
16. Promote collaboration between the three UWI campuses, the UG, the University of the
Bahamas and UTech in course content, curriculum design and development. The
recommendation in the draft report that delivery of academic courses such as landlord and
tenant should be taught at the LL.B. level; that students who hold the LL.B. degree from
regional institutions should be exempt from the Constitutional Law and Law and Legal
Systems courses at the law school level are positive recommendations which should be
adopted.
5
The law schools (pp. 76-77)
17. Since the function of the law schools is to prepare a general practitioner to be called to the
Bar, m aintain currency of the law school curriculum with development of legal practice
in the region.
18. There is considerable consistency between the curricula of the three law schools. These
curricula are designed to produce general practitioners and litigators and do not respond to
emerging specialisations which are currently catered for in the Year 3 LL.B. and postgraduate
programmes.
19. Continue collaboration between the Law schools, and consider whether there is scope for
cross school delivery (e.g., with students at one law school representing the plaintiff and
those at another representing the defendant, in the same simulated litigation) to make
best use of expertise and enhance practical experience.
3.6 Law and practice of smaller jurisdictions (p. 79)
20. If responses from Government Printing Offices to requests for legislation are tardy, librarians
of the faculties of law and the law schools should collaborate more to share, or request
materials on behalf of other libraries outside the jurisdiction. The Law Library at the Cave Hill
Campus was a beneficiary of such arrangements for many years.
21. Law school tutors should use their study/travel grants to visit the smaller jurisdictions for the
purpose of researching the law and practice in areas where these may differ from country to
country.
22. Law school tutors should publish their findings for the guidance of students, attorneys-at-law
and other tutors.
23. The law schools could use webinars, simulcasts, and social media to allow practitioners,
academics and students to discuss the law and practice relating to conveyancing, probate
and any other areas of difficulty with experts in the various jurisdictions.
3.7.1 The extent to which technology is being used at the faculties of law and the law schools for
teaching and training (p. 81)
24. Support and if necessary solicit external funding for technology resources, particularly at UG,
and for the training of law teachers.
25. Consider increased use of electronic simulations, particularly at the law school level.
26. Encourage law schools, law faculties and bar associations to collaborate in providing
access to webcasts and other online resources to practitioners for a fee.
3.7.4 What is the effect of cross-campus offerings on costs? (p. 84)
27. Promote cross-campus and where appropriate cross-institution offerings, as well as making
courses available to practitioners as CPLD.
28. Use technology to support education in the laws of the smaller countries and in the access of
6
practitioners in those countries to high quality CPLD.
3.7.5 To what extent does the use of technology prepare attorneys-at-law for utilizing technology in
their work? Is there a link between use of technology at law schools and technology used in
the law courts of the region? (p. 85)
29. Consider whether advocacy by videoconference and telephone should appear in the law
school curriculum (if it is not already included).
30. Consider whether law faculty and law school electronic research facilities could be made
available to practitioners (for a fee) where this is not currently being done.
31. Promote liaison between the law schools, courts and practitioners to identify and promote
best practice in use of technology in practice and if appropriate to share resources and
expertise.
3.8.1 Are the quality assurance systems in place at the faculties of law and law schools adequate? Is
there provision for external parties to comment on courses and programmes? (p. 91)
32. Consider developing competence statements (and/or standards) for all law faculties and law
schools).
33. Include members of the judiciary, practitioners in private and public practice and employers
on law faculty/law school advisory boards.
3.8.2 Are staffing levels in the faculties of law and law schools adequate to meet teaching and
training needs? (pp. 94 – 95)
34. Develop a set of best practices for how Faculty and tutors should interact and coordinate
their engagements with students.
35. Provide teaching staff with annual grants for research and publication in law, legal practice
and in legal education, as well as to innovate in curriculum, delivery and assessment where
this is not already being done.
36. Design a programme similar to the UWI Postgraduate Certificate in University Teaching and
Learning for teaching staff of all law faculties and law schools.
3.10.2 Pupillage and mentoring (p. 100)
37. Establish a Caribbean Law Teachers’ Association to provide a forum for discussion and
sharing of best practices given the minimal opportunities for face to face interaction among
academic staff at the faculties of law and law schools.
38. Given the challenges to maintaining a regionalism ethos which is a major objective of the
indigenous legal education system, encourage students to form or join existing law
students’/law graduates’ associations.
39. Establish a working party, including both senior and junior lawyers, to develop mechanisms
for mentoring or otherwise supporting young lawyers after qualification, particularly those in
solo practice. This might include limited licensure for a period after qualification.
7
3.10.4 Strengthening professional disciplinary capacity and professional standards (p. 102)
40. Consider establishing national/sub-regional CLPD accreditation bodies which would be part
of a regional CLPD system in relation to which there is agreement on the relevant principles
and approaches. The accreditation bodies could be bar/law associations, OCCBA,
government agencies; the UWI Law faculties, the CLE or a combination of these bodies. The
system adopted should provide for reciprocal or common accreditation; presentations being
made in multiple jurisdictions and credits acquired in one jurisdiction being accepted in
others. Various delivery modes could be used.
41. Bar associations should consider the provisions on disciplinary procedures contained in the
Jamaican legal profession legislation and in the IMPACT Justice model Legal Profession Bill.
3.10.5 Specialisation and non-traditional areas of law (p. 107)
42. Specialist subjects should ideally be provided for in the Year 3 options of law faculties, at the
LL.M. level, or through CLPD.
3.11.1 Should the Council of Legal Education be an accreditation body? (p. 117)
43. New law schools should be set up as soon as possible as part of Utech in Jamaica, UG in
Guyana and possibly in Antigua and Barbuda, principally, but not exclusively, for the non-
UWI LL.B. degree graduates whose degrees are deemed by the Council to meet the
equivalency standard of the UWI LL.B. degree.
44. However, also as soon as possible, the CLE should commence planning to assume the role
and functions of regulator, licensor and accreditation body of regional law school providers
existing and perspective, following the Kenya and New Zealand models.
45. Discussions should be held with the CARICOM Secretariat, UWI or other regional
organization with regard to providing a temporary home for the accreditation body.
3.12 Should regional governments continue to fund legal education, and if yes, at what level? (p.
127)
46. The funding model which might minimise the situation where governments default on their
commitments to funding legal education through lack of funds is one currently adopted by
the Government of Jamaica for the NMLS. Under that arrangement, the government
commits to a lump sum for economic costs which it can afford (and the student makes
arrangements for payment of any other costs except where the student receives a
scholarship, bursary or a loan from government or elsewhere. With regard to government
loans, a means test ought to be applied.
47. Government scholarships, specifically for legal studies, should be provided in areas which are
of direct benefit to the development objectives of countries, and with bonding arrangements
attached.
8
Section 1: Introduction
1.1 Background to the survey
One of the main activities provided for in the 5-Year Project Implementation Plan of the
IMPACT Justice Project was the conduct of a survey of legal education in the region. The decision to
undertake such a survey was taken after discussions between the Regional Director of the IMPACT
Justice Project and the Council of Legal Education (CLE) representatives which had commenced in 2012.
The Council proposed Terms of Reference for the activity which pertained only to its concerns,
but after discussions with the Project’s sponsors, the IMPACT Justice Regional Director informed the
Chairperson of the Council as follows:
The view is that it should be widened in scope to tie in with the overall objective of the project
which is improved access to justice in the region and promotion of the rule of law. This means
that the study should encompass legal education currently available in the region at the para-
legal, LL.B. and professional stages, and continuing legal education programmes for the
Judiciary and the Bar and how funded. The view was also expressed that areas of focus should
be the extent to which legal education promotes better service delivery and integrity on the part
of the profession, and contributes to greater and more timely access to justice on the part of
citizens.1
A meeting to discuss TORS for the survey was held at the Faculty of Law, UWI, Mona Campus
on January 12, 2015. It was attended by Prof. Velma Newton representing IMPACT Justice; Principal
Tonya Bastian-Galanis of the Eugene Dupuch Law School (EDLS), who was spokesperson for the CLE; Dr.
Derrick McKoy, Dean, Faculty of Law, UWI, Mona; Mr. Archibald Campbell, UWI Bursar; Mrs. Rose-
Marie Gibbs, Deputy Director, Justice Undertakings for Social Transformation Project (JUST), Ministry of
Justice, Jamaica and Mr. Dennis Darby, Legal Consultant/Rapporteur.
The Principal of the EDLS reported that CARICOM Heads of Government had mandated that the
CLE conduct a review of the regional system for legal education before September 2014. The CLE
Review Committee discussing funding possibilities and concluded that based on the estimated cost of
the proposed review (ranging from U.S.$100,000 to US$1M) and prevailing funding constraints, CLE
was unable to undertake the review. She stated that: “It was also determined that the proposed Review
TORS were too wide and should be reviewed and a determination made as to which survey areas would
be most critical to undertake. Some priority areas that have found favour with the CLE are:
a. reviewing the manner in which the Regional Law Schools are funded;
9
b. visiting and assessing all physical assets of the CLE with a view to making
recommendations having regard to existing spatial constraints;
c. exploring the possibility of setting up an accreditation body or retooling the CLE as an
accreditation body;
d. undertaking a study of the demand for practicing attorneys-al-law in the region;
e. undertaking a study of the impact of expansion of the Law Schools on the legal
profession.”
The discussions which followed focused on whether the Wooding Committee Model had
outlived its usefulness; the viability of maintaining a single training and certifying regime for lawyers;
utilization of technology by the legal profession; government funding of programmes; arrangements
for in-service training; whether the LL.B. should be a post-graduate programme and deficiencies in the
knowledge of LL.B. graduates, for instance in relation to management and human rights. At the end of
the meeting, the Regional Director of the IMPACT Justice Project stated that in light of the discussions,
the project would review the CLE TORS and would “identify any existing constraints on the functioning
of legal education not included in the TORS, both in relation to the CLE and other tertiary legal
education institutions.”
Accordingly, TORS, including some of those proposed by the CLE, by other persons at the
meeting of January 15, 2015 and by other members of the legal profession in the region were drawn up
and circulated to stakeholders. The TORS resulting from this process, and used for the final part of the
IMPACT Justice Survey are provided as Appendix 1 to this report. The broad objectives of the Survey
were to consider the status and relevance of the current legal education system and the extent to
which it meets the needs of the respective CARICOM Member States. The Survey was expected to
culminate in the crafting of recommendations designed to assist governments in shaping policy
responses for improving access to justice by people of the region.
The project comprised four phases:
(1) a background research phase during which earlier reports on legal education,
information on the legal profession in each country and on the Faculties of Law and Law
Schools were collected;
(2) a public opinion survey conducted in Barbados, Belize, Guyana, Jamaica, St. Kitts and
Nevis, St. Lucia and Trinidad and Tobago in early 2016 to elicit the views of the public
on a number of matters connected to the legal profession and their services;
(3) a survey of law students and the legal profession conducted between March and April,
10
2016 which sought their views on legal education provision in the region and
recommendations for change;
(4) the conduct of interviews by a team of Consultants with key stakeholders in the region,
with the questions asked being expressly designed to align with the terms of reference
of the Survey.
1.2 The participating CARICOM countries
The participating countries in the Survey were Antigua and Barbuda, The Bahamas, Barbados,
Belize, Dominica, Grenada, Guyana, Jamaica, Montserrat, St. Kitts and Nevis, St. Lucia, St. Vincent and
the Grenadines and Trinidad and Tobago.
1.3 The survey participants
The participants included members of the Judiciary, Ministers of government, Deans of the
respective faculties of Law of UWI, the Heads of the Department of Law of the College of the Bahamas
(COB) and the University of Guyana (UG), the Principals of the three law schools of the Council of Legal
Education (CLE) or their nominees and other staff; some of the past chairpersons of the CLE; senior
members of the Bar in various jurisdictions and student representatives of the respective law schools
and faculties.
1.4 History of Legal Education in the Commonwealth Caribbean
Prior to 1970 when the Faculty of Law was established at the Cave Hill Campus of UWI, there
was no organized system of legal education available in the Commonwealth Caribbean except for some
part-time extra-mural coaching provided in Barbados, Jamaica and Trinidad and Tobago with the
support of the UWI, for those wishing to obtain an external LLB degree. Persons wishing to qualify as
lawyers in a then bifurcated legal profession, either undertook an articled clerkship with a local firm of
solicitors, culminating in the taking of the English Law Society exams or for those seeking to qualify as
barristers, by reading for the English Bar which required their attendance at the Inns of Court to which
one gained admission.2
It was against this background that in 1963 the Council of UWI appointed a Committee on
Legal Education under the chairmanship of Sir Hugh Wooding, Chief Justice of Trinidad and Tobago
(The Wooding Committee) to consider and make recommendations to the Council:
“as part of its service to the West Indian community and in light of satisfying the intellectual and
11
professional needs in the West Indies to provide for the training in the West Indies, of legal
practitioners with a view to ensuring the admission to practice and the right of audience before
the courts of the West Indies.”3
The Wooding Committee made a number of recommendations, which were set out in its report
presented to UWI in 1965 ( the Wooding Report).4 They proposed qualifications for admission to a
Faculty of Law and the establishment of a Council of Legal Education to have overall responsibility for
overseeing legal education in the Commonwealth Caribbean. The Wooding Committee also proposed
the enactment of relevant legislation by governments to facilitate reciprocal arrangements between
those territories supporting the recognition of the new legal education qualification within a common
space.
In 1967, the recommendations of the Wooding Committee were reviewed and re-examined by
Professor Roy Marshall and Sir Hugh Wooding in a Joint Consultation (The Joint Consultation Report).5
Although the original recommendations for the establishment of teaching and research in law were
reiterated, the Joint Consultation Report qualified the same and concluded that the academic and the
practical training of the legal education programme should be separated.6
The Joint Consultation Report further recommended that the practical training component of
the programme should be under the aegis of the Council of Legal Education, which was authorised to
establish, equip and maintain two law schools – one in Jamaica and the other in Trinidad and Tobago-
to make proper provision for courses of study leading to the grant of certificates of competence. The
Council also was empowered to accord appropriate recognition to qualifications obtained at other
institutions. The law schools would be under the supervision of a full-time Director of Legal Education.
With respect to the academic component of the legal education programme which would be
undertaken by the Faculty of Law, the Report recommended that the University should aim to pursue
research in a number of forms, and that the first year of the LLB Degree should be taught at all three
UWI campuses (Mona, Cave Hill and St. Augustine) of the University, as well as at the campus of the
University of Guyana. However, second and third year teaching should be conducted solely at the Cave
Hill Campus of the University in Barbados. The University was also expected to provide an academic
base for those who intended to practice law in the region and in this regard, it was felt that the law
degree programme should cater to those who wanted to practice as well as those who did not.
It was agreed that a draft agreement would be prepared to give effect to these
recommendations and the setting up of the Council of Legal Education. The Draft Agreement was
prepared for submission to the Heads of Commonwealth Caribbean Governments in 1969 by a
Legal Advisory Committee comprising representatives of the judiciary, law officers, and the legal
12
professions in the Commonwealth Caribbean.
On or about this time, the University Grants Committee (an inter-governmental body which
provided finance to the University of the West Indies), met to consider funding mechanisms for the
University in general, but more specifically, for the proposed Faculty of Law. Some of the regional
governments refused to fund the Faculty and so the University Grants Committee determined that
those Governments which were willing, should contribute on an adjusted percentage basis, with
students from those territories paying subsidised fees. Students from territories whose governments
had refused to fund the Faculty of Law (the non-contributing territories) would only be admitted to the
Faculty after two conditions had been satisfied: first, their students would only be considered for
admission after all applications from contributing territories had been provided for, and second,
they would have to pay the full economic fees associated with the programme.
The contributing territories were: The Bahamas, Barbados, British Honduras (Belize), the British
Virgin Islands, the Cayman Islands, Dominica, Grenada, Guyana, Jamaica, Montserrat, St. Vincent,
Trinidad and Tobago, the Turks and Caicos Islands. The non-contributing territories were: Antigua, St.
Kitts- Nevis- Anguilla and St. Lucia.7
Thus, in July 1969, the UWI Council agreed to the introduction of an indigenous system of legal
education in keeping with the recommendations, principally of the Wooding Committee. The legal
education programme was to be an integrated one, aimed at providing teaching in legal skills and
techniques, while having due regard to “the impact of law as an instrument of orderly social and
economic change” in which persons would be exposed to:
(1) a university course of academic training in a Faculty of Law designed to give not only a
background of general legal principles and techniques, but an appreciation of relevant social
science subjects including Caribbean history and contemporary Caribbean affairs.
(2) a period of further institutional training directed towards the study of legal subjects, having
a practical content and emphasis, and the acquisition of the skills and techniques required
for the practice of law.
As a corollary to the integrated design of the system of legal education, holders of the UWI LLB
degrees were from the outset given automatic entry to a law school. Holders of non-UWI LLB degrees
would also be eligible for admission to the law schools, but subject to availability of places and such
other conditions as might be laid down by the CLE.
The original design of the scheme also incorporated a quota system by which the right of
admission to UWI was in accordance with a fixed number of students allocated annually to each of the
13
various territories in the region.
In 1970, UWI submitted the Draft Agreement to the Heads of Commonwealth Caribbean
Governments for consideration, and on March 25, 1971, at the inaugural meeting of the Council of
Legal Education, the Agreement Establishing the Council of Legal Education was signed by the
Governments of the following seven countries: Barbados, Bahamas, Grenada, Guyana, Dominica,
Jamaica, and Trinidad and Tobago as well as by representatives of the Universities of the West Indies
and Guyana. It stipulated that two law schools would be established under the aegis of the Council: one,
the Norman Manley Law School in Jamaica and the other, the Hugh Wooding Law School in Trinidad and
Tobago.8
The Council resolved that from 1975, prospective lawyers would be required to have a Legal
Education Certificate from one of the Council’s Law Schools. The Government of each of the
participating territories agreed that certain persons would be recognised as professionally qualified for
admission to practice in their territory and that non-University of the West Indies’ LLB degrees
possessed by persons seeking entry into the Council’s law schools would be evaluated by the Council of
Legal Education. The meeting also recommended the courses which would be offered at the law
schools and the setting up of a Legal Aid Clinic to be supervised by qualified lawyers in which
students would provide legal advice to members of the public as part of their practical training.
In addition to stipulating that the legal education and training scheme for the West Indies would
consist of two stages, with the second stage leading to the award by the CLE of the Legal Education
Certificate (LEC), the Treaty provided that persons who are the holders of a qualification obtained in a
common law jurisdiction approved by Council, and admitted to practice law in that common law
jurisdiction could be awarded the LEC after undergoing a transitional or six month professional training
programme at the law schools.9
Accordingly, with the introduction in 1970 of an indigenous legal education system, a pre-requisite
for persons from the signatory countries being admitted to practice law and appear before the courts of
the Commonwealth Caribbean (with the qualified exception of Trinidad and Tobago) became the award
of the LEC by the only body qualified to do so – the Council of Legal Education. This statutory restriction
as discussed further in this Report, now principally impacts the signatory jurisdictions of Guyana,
Jamaica and Trinidad and Tobago.
In 1971, Barbados, Jamaica and Grenada became the first three of the signatory countries to pass
legislation recognising the Council of Legal Education and fusing the two branches of the legal
profession.10
14
1.5 Post 1971 developments – CLE and UWI
From the inception of the Faculty of Law in 1971, the first year of the LL.B. programme was
offered at the Cave Hill, Mona and St. Augustine Campuses of the UWI and the entire programme at the
Cave Hill Campus, where the headquarters of the Faculty were established. However, between 2010 and
2012, full faculties were established at the Mona and St. Augustine campuses as well.
Over the years, the curricula of both the LLB degree and the LEC were reexamined to determine
their fitness for purpose by individuals and committees and various changes were made.11 In most cases,
the recommendations made were to minimize duplication between the course offered by the Faculties
and the Law Schools, and to take into account emerging areas of interest with a view to preparing
lawyers for work in the rapidly changing societies of the region. Another objective was to produce
practitioners who were not only versed in the theory and practice of law, but were aware of the
problems facing the Commonwealth Caribbean as emerging nations and regarded law as an instrument
of social change.
Of the CLE reviews undertaken, the most far reaching was that undertaken by a committee under
the chairmanship of Dr. Lloyd Barnett. The Committee (The Barnett Committee) appointed in 1991 by
the Council of Legal Education, had as its mandate the following:
to examine and make recommendations regarding the Caribbean scheme of legal education and
training, the rules for the admission to the Law Schools and to law practice and their adequacy and
suitability for the existing as well as the projected needs of the region, and to investigate and make
recommendations as to the appropriate criteria for determining the optimum capacity of each law
12
school.
After consultations with all sections of the Caribbean legal community, the Committee
presented its Interim Report to the Council on September 1, 1995 four years after it was appointed. The
Report was also made available to the Sixth Meeting of the Standing Committee of Ministers
Responsible for Legal Affairs held in Antigua on September 2, 1995. The Final Report of the Barnett
Committee13 made the following recommendations:
 the establishment of a third law school in New Providence, Bahamas, which was to be
funded by the Government of Bahamas and administered by the Council of Legal
Education;
 in response to representations that the intra-mural training at the law schools was too
long, the Committee resolved to assess the feasibility of reducing the intra-mural period
of training from two years to one year. However, under this dispensation the students
would be assigned to law offices in their second year and the Law Schools would be
15
responsible for the accreditation of the law offices to which the students would be
assigned;
 in order to maintain the standards of legal education, it was recommended that
quantitative restrictions should be implemented given the lack of physical capacity at the
law schools. In order to address the demand by non-UWI LLB graduates to gain access to
the law schools, a transparent and objective test in the form of an entrance examination
was recommended by the Committee. This test would be taken by holders of all third
class UWI LLB degrees, the holders of UG LLB degrees and all other qualifying degrees or
certificates. Admission to the law schools would be dependent on the student’s
placement in the examination;
 revision to the quota system was recommended to take into account factors such as
population, size of the legal profession and the sufficiency of lawyers. Changes to the
zoning provision to facilitate Bahamian students being required to attend the law
school in the Bahamas were proposed;
 changes to the syllabus, curricula and methods of teaching were proposed and a
recommendation to convert the six-month course to a one-year intra-mural course
complemented by examinations or assignments was submitted;
 a re-examination of the course offerings at the law schools was recommended on account
of the changes arising from the introduction of the semester systems in the
undergraduate degree programme;
 small group exercises and presentations to enhance the students’ analytical and
presentation skills were suggested and simulations and clinical training were
recommended as the proper method of instruction with written exercises being as
practical as possible. It was felt that these exercises should include pleadings, transcripts,
witnesses’ statements and matters that students would generally come across in ordinary
practice;
 student participation in Legal Aid Clinics at the law schools should commence from the
first year as a way of ensuring that they were able to progress a case through from
inception to completion;
 court appearance programmes should be more structured and be treated as part of the
students’ overall assessment;
 in-service placement programmes needed to be formalised and a panel of firms and
attorneys whose suitability had been assessed by the Council should be compiled and
utilised for placement of students under the In-Service Placement programme;
16
 trial advocacy training should be given adequate space in the time-table of the Law
Schools and be viewed as a course in its own right and graded as part of the students’
overall assessment. Alternative Dispute Resolution should be included as a component in
the course;
 there should be rotation of the use of the library to accommodate the shortage of space in
the libraries of the law schools;
 regular workshops surrounding the challenges of professional legal training should be held
which should be mandatory for all full-time members of staff at the Law Schools.
 there should also be continuous assessment of the methods of teaching in use, with
presentations being made by members of staff at each meeting of the Academic
Committee and members of the teaching staff should be subjected to a formal system of
staff appraisal;
 there should be a formal system of mentoring for the students.
Most of recommendations were thought to be meritorious both by the Council of Legal

Education and the Standing Committee of Ministers responsible for Legal Affairs and both bodies
supported further study of the recommendations. Some of the recommendations implemented by the
CLE were: the establishment of a third law school in The Bahamas in 1998 and the introduction of an
Entrance Examination which the Barnett Report recommended for all holders of the non-UWI LL.B
degree who sought admission to a law school. However, the recommendation that holders of UWI LL.B.
pass or third class degrees should also sit the exam was not implemented. Candidates who attain the
prescribed standard in the entrance examination are offered places at a law school on the basis of their
ranking in the examination and the availability of space. The exam is held annually. No documents
containing discussions or decisions of the CLE in relation to the Barnett Report were made available to
IMPACT Justice or to the Consultants by the CLE.
Reviews of the Faculty of Law, UWI, Cave Hill Campus were undertaken in 1980, 1993, 2001,
2008 and 2015.
The 1980 review, which was of both the law schools and the Faculty of Law, UWI,
recommended, inter alia, that: a manpower survey of the requirements for lawyers should be
undertaken as a matter of urgency to alleviate the crisis that existed in the government legal services in
most countries, especially regarding legal drafting and servicing of the courts; governments adopt a
system of redeemable loans to replace bonding of students because of the difficulty in enforcing
bonds; certain changes be made in the curriculum of the law schools; and the establishment of a
system of continuing legal education for the region with the involvement of the Faculty of Law and the
17
law schools.
The 1993 review made recommendations for a thorough examination of the syllabuses to
ensure that they gave adequate attention to Caribbean issues, adequately prepared students for
courses which they would take at law school and met the demands of the semester system. Other
recommendations related to the Law Library of the Faculty of Law; provision of assistance to the LL.B.
programme at the University of Guyana and improving the Challenge programme under which students
from OECS countries were allowed to complete Part 1 of the LL.B. in their home country and then
proceed to the Cave Hill Campus to complete the programme.14
In 2001, a review team led by Mr. Dennis Morrison, then Chairman of the CLE commended the
staff of the Faculty and the law library. However, it found as areas of great concern a lack of
collegiality among the staff, a finding which had been highlighted in the 1993 review. The Team
recommended the implementation of more regular meetings; mentoring for new and junior staff; the
institution of clear promotion guidelines; publication of the teaching roster to end the perception of
uneven workloads; a review of the mentorship programme which coupled students with Faculty
members; the rewriting of course syllabi to give direction to the courses and to allow the students to
know what was expected of them; that more feedback to be given to the students to enable them to
improve their performance and that the Faculty review its quality assurance process.15
In t h e 2008 review report, issues were raised as to whether the Public International L aw
course should be retained as compulsory and whether Evidence should be introduced as an option in
the final year of the LLB degree programme. It was also proposed that the Faculty as the dominant
provider of legal education in the Caribbean region should introduce into its LL.B. degree programme a
compulsory module on legal ethics and social responsibility to assist in the shaping of the values and
ethics of those persons enrolled in the LLB programme who were destined to enter the legal profession.
In relation to the use of the tutorial method of instruction, the reviewing Team recommended
that the staff to student ratio in the Faculty should not exceed 1:15. There was also a recommendation
for the Faculty to provide additional career advice and information to students as their numbers
continue to expand in an effort to present to students alternative careers to the traditional legal
professions. Of major importance was the recommendation by the Team against the University
developing the LLB degree programme on the other campuses of the University. This recommendation
was based on the fact that, in the opinion of the reviewers, to do so would impact negatively on the
Faculty’s regional mission, quality and use of the region’s resources.
With regard to the Direct Entry Programme of the LLB degree, the Team proposed that the
admission criteria be amended to require those seeking entry into the programme to possess a first
degree with an award of First Class. Several other recommendations were made relative to marking
18
schemes, revision of the Faculty Handbook, the technological equipping of the law library, the
expansion of the library facilities in Trinidad and Jamaica and the increase of the variety of assessment
methods to be used in the Faculty.
In 2015, 16 another team, under the chairmanship of Professor William Flanagan, Dean, Faculty
of Law, Queen’s University, Ontario, Canada, reviewed the Faculty of Law at Cave Hill Campus in
Barbados, and made a series of recommendations.
The Team proposed that the Faculty should be permitted to make its case to prospective
students from Jamaica and Trinidad and Tobago concerning the advantages of the Cave Hill programme,
in particular, its regional focus, a diverse student body, a long record of teaching and research
excellence, a distinguished group of alumni who are leaders in the region and exceptional library
facilities. The team further proposed that the Faculty needed to address its technical challenges in
relation to static projectors, wireless access and sound equipment in order to modernise its teaching
methods. It recommended that even with the development of alternative methods of assessment of
student performance, the written examination, written essays and/or oral presentations should remain
the primary methods of assessment for the foreseeable future. Further, the Team indicated that
although multiple-choice questions may serve as a stimulus for informal student participation in online
discussion groups, they should not be used as an ingredient of formal assessment. It also felt that the
role of external examiners in auditing and validating examinations standards as an integral aspect of the
required harmonisation across the University’s Law Faculties should be revived. Finally, the Team opined
that the Faculty should continue outreach efforts to its alumni and should seek to harness their support
in building a culture of mentorship for students and philanthropic giving to the Faculty.17 The response
of the Faculty of Law is contained in an action plan dated February 2, 2016. 18
1. 6 UG, UTech, the College of the Bahamas and others
The College of the Bahamas opened in 1974, and started offering degrees from the mid-1990s.
It began offering the UWI LL.B. in 2000 and continued to do so until 2016.19 During that year, the College
sought and obtained University status from the Government of The Bahamas, and in March 2017 the
Executive Committee of the CLE recommended that 2017 graduates of the University be granted entry
to the Eugene Dupuch Law School in accordance with Article 3 of the Treaty Establishing the Council of
Legal Education. This was done on the basis that the University of the Bahamas’ LLB was at that time
equivalent to the LLB degree offered by the UWI.20
The University of Guyana was established in 196721 and offered the first year of a UWI LLB from
1970. It has offered a full LL.B., in close liaison with UWI, since 1993.22 It has had an arrangement since
19
1996 whereby the top 25 Guyanese LLB graduates who wish (and who can afford) to do so, have
automatic entrance to law school under a special arrangement.23 This accord was most recently
renewed in 2016.24 A proposal has been made for a fourth CLE law school to be established in Guyana.25
The University of Technology, Jamaica, began life as the Jamaica Institute of Technology in 1958.
It obtained university status in 1995.26 Unlike the LL.Bs offered by UG and the University of the
Bahamas, the UTech LL.B. has never had any formal connection with UWI, although members of its
academic staff may have been taught at, or been educated at UWI. The UTech LL.B. has been offered
since 2008/2009.
A proposal is under discussion for a university to be established in Antigua and Barbuda, which
might (or might not) be a UWI campus, and might also include a law school. 27
Other legal provision in the region includes providers in the Bahamas, Jamaica and Trinidad and
Tobago supporting British LL.B.s28 paralegal and short courses in specific aspects of law. The Consultants
were also informed that one of the other providers currently supporting the London international LL.B.
may have received permission to open a fourth law school in Guyana.29
Paralegal courses and short courses in specific aspects of law for e.g. human resources
professionals are also offered by local institutions, especially by the UWI Open Campus, in most, if not
all of the islands. Applicants for the paralegal courses must usually possess passes in at least 5 CSEC
subjects at grades 1, 11, or 111, including English Language and Mathematics. According to the Open
Campus website, persons completing the course offered by UWI (which includes 13 law courses) earn
the Associate Degree in Paralegal Studies and on completion, meet the matriculation requirements for
entry to the UWI LLB programme at UWI.30
Many paralegals work in law offices under the supervision of attorneys-at-law. They often act as
legal administrative assistants routinely drafting documents, filing motions and interviewing clients. No
references to paralegal associations were seen, or to numbers operating in the region, but from the
many institutions offering the programme, there is a possibility that the number of certified paralegals is
quite sizeable, especially in the larger countries of Jamaica and Trinidad and Tobago.
1.7 Post LL.B. legal education
Postgraduate academic study in law is provided through a suite of LLM courses offered by UWI
at all three of its main campuses. The courses offered are the Post Graduate Diploma and LL.M. in
Corporate and Commercial law, Public Law and Intellectual Property and the M.Phil and Ph.D. at all
three campuses, while the Postgraduate Diploma and LLM in Legislative Drafting are offered at both at
the Cave Hill and the St. Augustine Campuses, but not at Mona. Approximately 376 persons have
20
graduated from the Cave Hill LLM programme (Legislative Drafting, Intellectual Property, Corporate and
Commercial Law and Public Law) and one completed the Doctor of Laws. Also, since 2015, the IMPACT
Justice Project has provided financial support for some 24 persons from around the region to register for
the Post Graduate Diploma or LL.M. in Legislative Drafting, thus contributing to an increase in the pool of
drafters available to governments. However, to date, not many persons have completed Ph. Ds in the
Faculty. 31
Both the UG and UTECH announced the commencement of post graduate programmes in Law,
the first in 2008 and the second in 2010. The UTECH website announced that the Faculty “seeks to offer
a Masters of Law Degree that takes an innovative approach to education, training and professional
practice reflected in areas such as entertainment law, sports law, and intellectual property that support
the emerging dynamic growth sectors of the economy.“ At mid-2017 the LL.M. programmes had not yet
commenced. An overview of legal education in the Commonwealth Caribbean is given in Figure 1.
1.8 Investigative Approach
The Consultants relied primarily on a substantial number of preliminary reports which were
completed on behalf of IMPACT Justice during phases 1 to 3 of the Survey, on the Internet, 32 and on
additional material from respondents offered spontaneously or on request.
Meetings were organised for the Consultants by the IMPACT Justice team, who sent letters of
invitation to key stakeholders which outlined the terms of reference of the project. Copies of the
preliminary reports were made available to some of the respondents, including the Deans, Faculties of
Law and the Principals of the Hugh Wooding, Norman Manley and the Eugene Dupuch Law Schools.
Efforts were made by the IMPACT Justice team to organise meetings with the Deans, Principals and their
teams, Presidents of Bar and Law Associations, the Judiciary, Ministries of Education and Attorneys-
General in each country. The Consultants were also able to meet both senior and junior practitioners
(including many who taught or had taught in the faculties and law schools) and some student
representatives. All meetings were face to face, and required the Consultants to tour the region. This
also enabled them to see the premises of the law schools, law faculties and courts, although time for
substantial tours of premises was not always available.
As shown in Table 1, the Consultants were not all able to participate in all the meetings,
although careful notes were taken both by the Consultants and the rapporteurs and circulated among all
three Consultants. Where possible, the Consultants sought to structure their meetings around a group
of key questions, synthesised from the TORs. There were key areas affecting each nation individually
about which they needed to hear specifically, as well as matters that affected the region more generally.
Notes were taken both by the Consultants and, in most cases, by a rapporteur from the IMPACT Justice
21
team, accompanying the Consultants. In order to assist in creating the interim and final reports, those
notes were placed in an NVivo database to allow themes to be easily identified.
22
Overview of legal education in the Commonwealth Caribbean
University of the West Indies University of Guyana LLB (3 years Other Commonwealth Caribbean Other LLB regarded as Professional qualification from a common
LLB (3 years FT or 2 years for FT or 2 years for graduates of LLB (e.g. College of the Bahamas, equivalent (e.g. University of law jurisdiction (provided applicant has a
graduates of other disciplines). other disciplines). UTech) (3 years FT or 2 years for London) (3 years or longer if law degree). Prior work experience not
graduates of other disciplines). part time). required.
Within annual
quota of 25.
Law School
entrance
Law School (2 years FT, Law School (6
examination.
including clinic and work months FT,
experience requirements). including clinic and Admission to practice via Bahamian
If relevant, within work experience Protocol/other local discretions where
national or other requirements).
quota. acceptable equivalency is established
Admission to practice via local (eg Dominica).
profession requirements (e.g. for
character and fitness or, in the
Bahamas, for 12 months
pupillage).
LLMs (used to support specialisation).
Local CPLD
requirements (if
any).
Figure 1: Overview of legal education in the Commonwealth Caribbean
23
The information obtained was largely qualitative, and the Consultants did not claim that it
represented the views of a representative sample of legal educators, members of the judiciary,
practitioners in the public and private sector, and students. However, in their view, it nevertheless
represented a clear snapshot of current concerns and thinking, consciously collected on site and with
some degree of privacy, in each of the relevant countries.
The list of countries visited and persons interviewed is given as Appendix 2.
Dates Country Consultants participating
17th to 18th August, 2016 Bahamas Ching, Cummins
19th to 23rd August, 2016 Jamaica Ching, Cummins
24th to 26th August, 2016 Antigua and Barbuda Ching, Cummins
26th to 27th August, 2016 Montserrat Ching, Cummins
27th to 30th August, 2016 St Kitts and Nevis Ching, Cummins, Watson
30th August to 1st September, Dominica Ching, Cummins, Watson
2016
Belize Ching
17th to 19th October, 2016 Barbados Ching, Cummins, Watson
19th to 20th October, 2016 St Lucia Ching, Cummins, Watson
21st to 23rd October, 2016 St Vincent and the Grenadines Ching, Cummins, Watson
23rd to 26th October, 2016 Grenada Ching, Cummins, Watson
27th to 29th October, 2016 Guyana Ching, Watson
29th October to 4th November, Trinidad and Tobago Ching, Watson
2016
4th to 8th November, 2016
Table 1 Schedule of consultancy activity
The Consultants were conscious that many, and possibly all, of the issues raised with them had
been raised by individuals, groups and before the CLE in the past. This was also apparent from the
reports provided to them and from other literature which appears in the bibliography. The information
which they obtained was largely qualitative, and they did not claim that it represented the views of a
representative sample of legal educators, members of the judiciary, practitioners in the public and
private sector, and students. However, it represented a clear snapshot of current concerns and thinking
in the countries visited. They made their recommendations on the basis of the material collected in
2016 and have then cross-referred back to the earlier reports to establish the longevity of some of the
issues and the solutions that had been offered before.
The Consultants were required to submit two interim reports, one after each of the two phases
of meetings. These reports set out the emerging themes and were mapped to the TORs. Material from
each of them was incorporated into the final report where it was considered helpful.
The information in the draft report submitted by the Consultants was up to date to December
2016. Since then, and in response to comments made by members of the LAC and others, including
representatives of the CLE, additional material has been added to this, the final survey report.
24
NOTES TO SECTION 1: INTRODUCTION
1 Email dated April 23, 2014, Velma Newton to Jacqueline Samuels-Brown.

2 See Lloyd Barnett. “Report of the Review Committee on Legal Education in the Caribbean” (Hugh Wooding Law School/Norman Manley Law
School, 1996) ,http://www.clecaribbean.com/download/Barnett_report.pdf>.
3 Hugh Wooding and Others. Report of Committee on Legal Education. Mona, Jamaica: UWI, 1965.
4 Ibid.
5 Hugh Wooding and Roy Marshall. “Report of Joint Consultation between Sir Hugh Wooding and Professor Roy Marshall on the Quest ion
of Legal Education in the West Indies”. Mona, Jamaica: University of the West Indies, 1967).
6 See further: Hugh Wooding, ‘Report of Committee to Consider Proposals for the Practical Professional Training of Lawyers and Matters
Connected Therewith’ (1967).
7. Council of Legal Education. Legal Education in the West Indies, 1963-1972: Origins and Present Status. 1977.
8 See text of the Agreement at www.cle.caribbran.com/treaty.php.
9 Ibid.
10 Jamaica Legal Profession Act, No. 15 of 1971 which came into force on January 3, 1972; Legal Education Act, 1973, Barbados (Cap. 366A) and
Legal Profession Act of Grenada which came into force on September 20, 1971.
11. Changes were made in response to recommendations of Faculty of Law and law school review committees appointed between 1980 and
2015.
12 Lloyd Barnett et al. Report of the Review Committee on Legal Education in the Caribbean. Hugh Wooding Law School, 1996
<http://www.Clecaribbean.com/download/Barnett_report.pdf.
13 Ibid.
14 Gordon Woodman and Others. Review of the Faculty of Law Report. UWU, Jamaica: Office of Academic Affairs, 1993.
15 Dennis Morrison, Annestine Sealy and Gordon Woodman. Review of the Faculty of Law ,Cave Hill Campus. Barbados: UWI, Cave Hill Campus,
2001.
16 Julian Webb, Stephen Vascianie and Bernice Lake. Review of the Faculty of Law, Cave Hill Campus. Barbados: UWI, Cave Hill Campus, 2008.
17 Flanagan et al. Report on the Review of the Faculty of Law, Cave Hill Campus. UWI, Cave Hill Campus: Quality Assurance Unit, 2015.
18 Ibid.
18A Faculty of Law Action Plan Based on Action Points from the Report of the Review Team, 2015.
19 See College of the Bahamas Act, 1995 and www.ub.edu.bs\about us\history\ and The University of the Bahamas Bill, 2016.
20 Decision of Conference of Heads of Government of CARICOM Member States on Automatic Entry into the Eugene Dupuch Law School (EDLS)
for Students of the University of the Bahamas (formerly the College of the Bahamas) LL.B. Students. Communication to P.S. Rolle from the
Director General, Ministry of Foreign Affairs and Immigration, March 21, 2017.
21 University of Guyana Act, 1963.
22 Mary Noel Menezes, “A Brief History of the University of Guyana” (2016) 1 Renaissance 5. Logistical and other issues surrounding this are
explored in Gordon Woodman and others, “University of the West Indies. Review of the Faculty of Law, 1993 (section V11.
23 See the Barnett Report, paras. 3.G.1 to 3.G.20.
24.Anon, “Guyana Signs Agreement for UG Graduates to Study Law in Trinidad (CCN TV6, 9 September 2016)
http://www.tvdtnt.com/home/rotator/Guyana-signs-Agreement for UG graduates to study law in Trinidad-392915831.html accessed 16
September 2016.
25 Anon, ‘The Need for Law School in Guyana Amplified – UGLS’ Kaieteur News (28 December 2014)
<http://www.kaieteurnewsonline.com/2014/12/28/the-need-for-law-school-in-guyana-amplified-ugls/> accessed 7 September 2016;
Anon, ‘Hugh Wooding Law School woes…Committee to Be Set-up to Look into Establishment of Local Law School’ Kaieteur News (27 July
2015)<http://www.kaieteurnewsonline.com/2015/07/27/hugh-wooding-law-school-woescommittee-to-be-set-up-to-look-into-
establishment-of-local-law-school/> accessed 7 September 2016; Kevin Morgan, ‘Guyana Needs a Law School’ Stabroek News (5 June
2014) <http://www.stabroeknews.com/2014/opinion/letters/06/05/guyana-needs-law-school/> accessed 16 September 2016.
26 University of Technology, Jamaica, History (No date) <https//www.utech.edu.jm/about-utech/history-1> accessed 18 November 2016.
27Gaston Browne, “2016 Budget Statement: Rebuilding a Stronger, Safer and Prosperous Antigua and Barbuda
http//www.ab.gov.ag.pdf/budget_speech_2016.pdf> accessed 15 September 2016; Rodney Williams, “Re-Positioning to Advance the
Rebuilding of Our Beloved Nation” (Throne Speech 2016, St. John’s, Antigua and Barbuda, 14 January 2016).
28 Caribbean Examinations Council, “Law/CAPE, 2016 ,http://www.cxc.org/subject/law/cape/accessed 6 December 2016.
29 Anon. “Guyana Government Partners with UCC to Establish Law School” Jamaica Observer (10 January 2017);Guyana Signs Agreement to
Establish New Law School : Barbados Advocate, 13 January 2017)
30. UWI, Open Campus ASC in Paralegal Studies.
31 University of the West Indies, Cave Hill, ‘Graduate Studies | The University of the West Indies at Cave Hill, Barbados - Law’ (University of the
West Indies, Cave Hill) <https://www.cavehill.uwi.edu/gradstudies/programmes/law.aspx> accessed 11 November 2016. University of the
West Indies, Mona, ‘Graduate | Law | The University of the West Indies at Mona, Jamaica’ (University of the West Indies, Mona, 7 January
2014) <http://myspot.mona.uwi.edu/law/graduate> accessed 11 November 2016. University of the West Indies, St Augustine, ‘UWI LLM and
Postgraduate Diploma’ (University of the West Indies at St Augustine, Barbados, no date).<https://sta.uwi.edu/law/postgraduate.asp>
accessed 11 November 2016.
32 Hugh Wooding and others, ‘Report of Committee on Legal Education’ (University of the West Indies 1965).
Hugh Wooding and Roy Marshall, Report of Joint Consultation between Sir Hugh Wooding and Professor Roy Marshall on the Question of
Legal Education in the West Indies’ (University of the West Indies 1967).
Hugh Wooding, ‘Report of Committee to Consider Proposals for the Practical Professional Training of Lawyers and Matters Connected
Therewith’ (1967).
AR Carnegie, ‘Legal Education in the West Indies: Origins and Present Status’ (1977). H Aubrey Fraser, ‘Curriculum for Legal Education -
Professional Aspects’ (1977).
NJO Liverpool, ‘Curriculum for Legal Education - Academic Aspects’ (1977).
25
Council of Legal Education, ‘Legal Education in the West Indies 1963-1972’.Anon, ‘Workshop Resolutions’ (1977).
Roy Marshall and others, ‘Report of the Consultants Appointed to Assist the Joint Committee on Legal Education in a Review of Legal
Education in the Commonwealth Caribbean’ (Council for Legal Education 1980).
Gordon Woodman and others, ‘University of the West Indies Review of the Faculty of Law’ (University of the West Indies 1993).
Faculty of Law, University of the West Indies, ‘Review of the Faculty of Law Report Response of the Faculty of Law’ (Faculty of Law,
University of the West Indies at Cave Hill 1993).
Office of Academic Affairs, University of the West Indies, ‘Follow Up to the Review of the Faculty of Law’ (Office of Academic Affairs,
University of the West Indies 1994).
O.R Marshall, ‘Legal Education in the Second Half of the 20th Century in the Caribbean Context’ (no date)
Lloyd Barnett and others, ‘Report of the Review Committee on Legal Education in the Caribbean’ (Hugh Wooding Law School/Norman
Manley Law School 1996) <http://www.clecaribbean.com/download/barnett_report.pdf>.Dennis Morrison, Annestine Sealey and Gordon
Woodman, ‘Review of the Faculty of Law Cave Hill Campus, Barbados’ (University of the West Indies, Cave Hill 2001).
Julian Webb, Stephen Vasciannie and Bernice Lake, ‘Review of the Faculty of Law, Cave Hill Campus’ (Office of the Board of Undergraduate
Studies Quality Assurance Unit 2008).
Faculty of Law, University of the West Indies, ‘Response of the Faculty of Law to the 2008 Review Report’ (University of the West Indies,
Cave Hill 2008).
Faculty of Law, University of the West Indies, Cave Hill, ‘Faculty of Law, Self-Assessment Report 2015’ (University of the West Indies, Cave
Hill, 2015).
Quality Assurance Unit, Board for Undergraduate Studies and Board for Graduate Studies and Research, ‘Report of the Review of Law’
(2015).
Caribbean Development Research Services, ‘Views and Opinions on Lawyers and Legal Education in the Caribbean’ (Caribbean
Development Research Services 2016).
Dennis Darby, ‘Situational Analysis on Legal Education Provisions in Jamaica’ (Darby, Darby and Associates No date).
Kay Thompson and Anna Kasafi Perkins, ‘A Quality Assurance Framework for Legal Educators in the Caribbean: Some Quality Indicators’
(IMPACT Justice 2016).
Koelle Boyce, ‘Legal Education Survey: Report on Opinions of Law Students and Members of the Legal Profession’ (2016).
Office of Quality Assurance Research and Effectiveness, ‘Report on Quality Assurance Processes at the Hugh Wooding Law School’ (Hugh
See also: Tonia Bastian-Galanis, ‘Report on Legal Education in the Bahamas’ (IMPACT Justice 2015).
Dennis Darby, ‘Situational Analysis on Legal Education Provisions in Jamaica’ (Darby, Darby and Associates No date).
See also Dane Victor Elliott-Hamilton, ‘Report on the Status of the Legal Profession in St Kitts and Nevis’ (Elliott MacClure, Attorneys at
Law, 2015).
See also Dane Victor Elliott-Hamilton, ‘Report on the Status of the Legal Profession in St Lucia’ (Elliott-Hamilton Attorneys at Law 2015).
Karen Nunez Tesheira, ‘Report on the Status of the Legal Profession in the Republic of Trinidad and Tobago’ (IMPACT Justice 2015).
Nigel Hawke, ‘Report on Legal Education in Belize’ (IMPACT Justice 2015).
Tom Durbin, ‘Report on the Use of Technology in Legal Education within the Caribbean Region’ (IMPACT Justice 2016).
See also: Tonia Bastian-Galanis, ‘Report on Legal Education in the Bahamas’ (IMPACT Justice 2015).
See also Dennis Darby, ‘Situational Analysis on Legal Education Provisions in Jamaica’ (Darby, Darby and Associates No date).
26
Section 2. Special Features of Countries Included in the Survey
2.1 Antigua and Barbuda
The Consultants (Ching and Cummins) visited Antigua from 24th to 26th August, 2016. Meetings
took place with the Attorney General and one of the Crown Counsel attached to his Office, the
President and a past president of the Antigua Bar Association, a senior member of the judiciary and the
Minister of Education.
Special features of the Antiguan context include the following:1
an active practitioner cohort of 138 lawyers and a population of 92,436 people as at July 2015;2
 membership of OECS and CSME;
 the presence of the UWI Open Campus;3
 a substantial proportion of students receive partial or complete government funding of the

economic cost in connection with the study of law at UWI;
 the evolution of a national tertiary recognition body working towards capacity to function as an
accreditation body;
 a need for mentoring of newly admitted lawyers;
 a very small cohort of senior lawyers, compared with a much larger number of recently
qualified lawyers, reducing capacity for senior lawyers to mentor or be observed as role models.
2.2 The Bahamas
The Consultants (Ching and Cummins) visited the Bahamas from 17th to 18th August, 2016.
Meetings took place with Sir Michael Barnett, QC, the former Chief Justice (Cummins); members of staff
of the Attorney General’s Department; members of academic staff of the Eugene Dupuch Law School;
the Hon Mme Justice Rhonda Bain, a member of the judiciary, and members of the academic staff at
the College of the Bahamas (Ching and Cummins).
The Consultants were able to visit the clinic premises of the Eugene Dupuch Law School (Ching
and Cummins) and the Faculty of Law of the College of the Bahamas (Ching and Cummins). The
premises where teaching took place were pointed out to the Consultants (Cummins). Nassau in New
Providence Island in the Bahamas is the home of the College of the Bahamas, which was at the time in
the process of seeking university status. The Law Faculty of the College of the Bahamas was previously a
franchisee of the UWI, Cave Hill Campus LL.B., but from 2014 has offered its own LL.B. Graduates of the
College of the Bahamas LL.B. are required to pass the CLE law school entrance examination.
27
The Eugene Dupuch law school offers the LEC programme, to which students from the Bahamas and
in principle students from the British Virgin Islands and Turks and Caicos Islands are zoned. The
Government of the Bahamas underwrites the full costs associated with this programme. It does not
have a single set of premises but is split over four (4) sites. There are other providers of legal education
in the Bahamas: two (2) supporting students enrolled in the University of London LLB and others
providing associate degrees with some legal elements, courses for paralegals or in law relating to
financial services. The Consultants did visit or hear from any of the other providers.
Special features of the Bahamian context include the following: 4
 as at November 2015, there were 1,317 lawyers in the Bahamas although this includes those
who are deceased and who are not in practice;5
 this is compared with a general population of 324,597 people as at July 2015;6
 lawyers in the Bahamas are not required to obtain an annual practising certificate, although we
understand that this may change;
 there is a strong international element in Bahamian legal practice, and a particular emphasis on
financial services (e.g. banking, compliance, regulation). The Privy Council remains the final
court of appeal for the Bahamas. It was also suggested that lawyers are also increasingly in
place in hotels, banks and insurance companies which are strong contributors to the local
economy;
 it is suggested that there are not enough lawyers working in criminal law and this is causing a
backlog in the criminal courts. There may also be too few lawyers working in areas such as
cybercrime, marine law, insurance, aviation and intellectual property;
 responses specific to the country in that law student/lawyer survey disagree that there are too
many lawyers. Bahamian responses also gave higher ratings than respondents in other
jurisdictions for reliability of lawyers;7
 the proportion of foreign lawyers qualifying in the jurisdiction may be up to a third of the total
and there is anecdotal evidence that foreign qualified lawyers may be preferred by certain kinds
of employers in Bahamas. It is however thought that Bahamian students in the main plan to
practise in the Bahamas rather than elsewhere in the Commonwealth Caribbean;
 admission to practice procedures include asking all current lawyers whether they have any
objection to the application for admission of the individual candidates;
 the retention of pupillage as a national requirement for qualified candidates to be admitted to

practise law in the Bahamas;8
28
 students, lawyers and clients are spread throughout the archipelago, a fact which is used as
support for the position that there are too few lawyers in the Bahamas;
 Bahamian students tend to go on to practise in the Bahamas rather than elsewhere;
 there is a suggestion that a substantial proportion of the students pursuing the external LLB do
so on a part-time basis and tend to do so while in full-time employment;
 there is at present no mandatory CPLD scheme for lawyers in the Bahamas. However there does
seem to be an appetite for specialist study at the LLM level, especially possibly where there are
few/no local lawyers practising in the specialist areas;
 there is no national body which accredits higher education provision (other than the Ministry of
Education);
 The Bahamian Protocol to the Treaty provides an additional route to qualification for foreign-
qualified lawyers. This Protocol was originally intended to last for only five (5) years but it has
been continued. The Consultants were not able to discover whether current government policy
included any change to the current position.
2.3 Barbados
The Consultants (Ching, Cummins and Watson) visited Barbados from the 17th to 19th October,
2016. Meetings took place with the Chief Justice, the Solicitor General and the Deputy Solicitor General,
the President of the Bar Association, the Chief Magistrate, a senior practitioner with long standing
connections with the CLE, the Dean of the UWI Faculty of Law at the Cave Hill Campus and two Cave Hill
LL.B. students. The Consultants were also able to tour the UWI Faculty of Law premises and library.
Special features of the Barbadian context include the following: 10
 an active practitioner cohort of 97211 with 1048 attorneys on the roll serving a population of
291,495 as at July 2016;12
 the presence of the UWI, Cave Hill Campus;13
 the presence of the UWI, Open Campus, 14 offering a workforce development course in law for
HR professionals;
 the Barbados Accreditation Council,15 which requires tertiary education providers to be
registered, and offers accreditation;
 a substantial cohort of senior attorneys, compared with a roughly equivalent number of
recently qualified attorneys.
29
2.4 Belize

Special features of the Belizean context include the following: an estimated 251 attorneys,16
serving a population of 353,858 as at 2016.17
 A specific legislative provision enabling admission to the Bar outside the ambit of the Treaty,
activated, if at all, contingently on work experience in Belize.18
 a number of students attending UG for financial reasons.19 These students are not then counted
in the UG quota for automatic entrance to Norman Manley Law School if they are not Guyanese
nationals.20 The Consultants were told that this was a factor in the Belizean government not
providing automatic funding for law students;
 the presence of the UWI Open Campus offering local courses in Advanced Level law, Advanced
Level Mediation Studies, Family Law, Introduction to Mediation Studies, Introduction to Family
Law, Labour Law, Trial Preparation and Advocacy (Magistrates Court for non-lawyer prosecutors
such as police and immigration officers);21
 the presence of the University of Belize, “Faculty of Law22 (which offers a paralegal course,23
but does not offer Law at undergraduate level.
 membership not only of CARICOM, but also of CELAC and SICA;
 a concentration of attorneys in Belize City and Belmopan, so that clients from more rural areas
have to travel or are under-served.
2.5 Dominica 23
The Consultants (Ching, Cummins and Watson) visited Dominica from 30th August to 1st
September, 2016. Meetings took place with the Attorney General, the current President of the
Dominican Bar Association and a number of senior practitioners.
Special features of the Dominican context include the following: 24
 approximately one hundred (100) attorneys are on the roll, of whom about thirty (30) are
active. A number of those on the roll, however, do not in fact practise in Dominica. This can be
compared with a general population of 73,607 people as at July 2015;25
 about three (3) to four (4) people are admitted to practise in Dominica each year;
 membership of OECS and CSME;
 a suggestion that as a local LLB provision is not available and there is a cost for students to
study law at UWI Cave Hill, students now default to studying at the University of London;
30
 most newly qualified lawyers work for the Attorney-General’s department initially but leave
after one or two years to enter into private practice as sole practitioners or as in house counsel
in the private sector. This also means that the staff of the Attorney-General’s department is
young and subject to frequent turnover;
 anecdotally, the Consultants were advised that there were instances in which a few
practitioners with foreign qualifications had been admitted to practice without completing the
six (6) month programme;
 there are challenges in respect of the Dominican government’s ability to meet its treaty
obligations in respect of its contributions to student funding, both at UWI and to the CLE;
 the government may partially fund students pursuing law by way of grant but students have to
make up any shortfall themselves;
 it was suggested that the Dominican public is particularly sensitive to the issue of individual
rights, leading to a focus in litigation on e.g. freedom of expression;
 there is a perception that the Dominica State College26 prepares its students for tertiary
education in the USA rather than for local or regional education.27
2.6 Grenada
The Consultants (Ching, Cummins and Watson) visited Grenada from 23rd to 26th October, 2016.
Meetings took place with a junior and a senior lawyer, representatives of the Ministry of Education, a
representative of the Grenada Bar Association and a member of the judiciary.
Special features of the Grenadian context include the following: 28
 an estimated number of lawyers of 100,29compared with a general population of 111, 219 as at

2016;30
 with newly qualified lawyers at a rate of 4-5 a year (with a low of 2 and a high of 8), a
perception that firms and in-house legal departments are struggling to recruit (including sole
practitioners wishing to take on an associate);
 a lack of criminal lawyers and possibly an oversupply of lawyers working in property and other
non-contentious areas;
 all public sector lawyers concentrated in the Attorney-General’s chambers and not, as in some
other jurisdictions, embedded in other government departments;
 membership of the OECS;
31
 the presence of the UWI Open Campus;31 offering local professional development courses
including Business and Commercial Law, Introduction to Labour Law;
 a substantial interest in law at community college level although, as funding of law at higher
education level is not on the government’s priority list, these students do not necessarily
progress to tertiary level;
 government funding has changed from 2014, so that law at undergraduate/law school level is
no longer funded other than by Island Scholarship;
 constitutional change is currently under discussion in Grenada, including a proposal that the
country should make the Caribbean Court of Justice its final Court of Appeal.
2.7 Guyana 32
The Consultants (Ching and Watson) visited Guyana from 27th to 29th October, 2016. Meetings
took place with members of the judiciary, representatives of the University of Guyana, a senior
practitioner, the Attorney general and members of his staff and the Minister of Education.
Special features of the Guyanese context include the following: 33
 an estimated number of lawyers in the hundreds, compared with a general population of

735,909 as at 201634 with 25-30 new lawyers qualifying annually;
 a growing number of NGOs and semi-autonomous government entities which needed legal
advice but which might not be in a position to employ lawyers;
 elements of the Roman Dutch system in Guyanese land law, and an executive presidential
system embedded in a consciously socialist constitution;
 significant division in resources and infrastructure between the coastal areas and the
hinterland: “We are two countries in one”;
 specific challenges in relation to the Amerindian community, ranging from the need for court
interpreters,35 through a desire to cover customary law in the LLB curriculum and a significant
under-representation of Amerindian students (whose first language might not be English) in the
LLB and in the profession;
 substantial pressures on infrastructure, such that e-filing and case management is not yet
available in the courts, there are no judicial assistants, and there are limited numbers of lawyers
practising in key areas (for example, there is one lawyer who specialises in child protection law);
 the presence of UG,36 offering an LLB in close connection with UWI, Cave Hill, but with
substantial infrastructure challenges;37
32
 the recently reviewed special arrangement allowing the top 2538 Guyanese UG graduates who
wish, and can afford, to do so, to enter law school without taking the entrance examination;39
 a proposal to establish a fourth CLE law school in Guyana.40
2.8 Jamaica
The Consultants (Ching and Cummins) visited Jamaica from 19th to 23rd August, 2016. Meetings
took place with academics at UWI Mona, Norman Manley Law School, UTECH, a student representative
at Norman Manley Law School, the current and immediate past president of the Jamaica Bar
Association, a senior judge of the Supreme Court, the Minister of Justice and members of his team.
The Consultants also visited the premises of the UWI Mona law faculty, the Norman Manley
Law School and the Faculty of Law at UTech.
Jamaica is the largest country in the Commonwealth Caribbean. As UWI Mona now offers a
complete LLB course, and UTech also offers a complete LLB course, it is now possible for a lawyer to
receive all of his or her legal education in Jamaica without needing to travel to any of the other islands
by completing study at the Norman Manley Law School. Participation in both UWI Mona Faculty of Law
and UTech LLB programmes is 100% funded by the student. We were told of students unable to take up
law school places, or transferring from a more expensive law faculty to a cheaper one, for financial
reasons.
Special features of the Jamaican context include the following: 41
 an estimated number of lawyers of 2,642, 42 compared with a general population of 2,950,210

as at 2015;43
 pressure of places at the Norman Manley Law School, which now delivers the LEC in a number
of shifts;
 the possibility for Jamaican students of completing the whole of their legal education course of
study in Jamaica, at UWI Mona or UTech, followed by Norman Manley Law School;
 the position of UTech, delivering a non-UWI LLB course;
 A national accreditation body for tertiary education, the University Council of Jamaica; 44
 the existence of a mandatory CPLD scheme for practising attorneys in Jamaica.45
2.9 Montserrat
The Consultants (Ching and Cummins) visited Montserrat from 26th to 27th August, 2016.
Meetings took place with representatives of the acting Attorney General and the President of the
33
Montserrat Bar Association.
Special features of the Montserratian context include the following: 46
 the small practising profession (numbering around 21) of whom the majority are in government
service with the Attorney General or Director of Public Prosecutions; this can be compared with
the general population of 5,241 as at July 2015;47
 the substantial decrease in population following the 1995 volcanic eruption;
 the presence of the UWI Open Campus (albeit not offering law courses);48
 the fusion of the professions of solicitor and barrister from 2014;
 the separation of disciplinary functions for the profession from the Bar Association;
 the low level of serious crime so that, although practitioners in private practice must be general
practitioners, divorce, conveyancing and probate are more common areas of work;
 the dual status of the country as a British Overseas Territory and a member of the OECS;
 the tendency for clients to move from lawyer to lawyer as a result of dissatisfaction;
 the fact that public transport to and from the island is now confined to air transport via Antigua.
2.10 St. Kitts and Nevis
The Consultants (Ching, Cummins and Watson) visited St Kitts from 27th to 30th August, 2016.
Meetings took place with the Minister of Education, the Attorney General, a senior practitioner who
served as a former Chairman of the Council of Legal Education, and the President of the St. Kitts and
Nevis Bar Association.
Special features of the St Kitts and Nevis context include the following: 49
 a significant number of law school students when compared to the population as a whole
(about 1550 for a general population of 51,936 as at July 2015 51). The cohort of practising
lawyers is about 129;52
 membership of OECS and the CSME;
 specific concerns about an undersupply of government lawyers particularly those with expertise
in legislative drafting;
 a governmental priority related to broadband as a critical part of the country’s infrastructure;
34
 in some areas, differences between the laws of St Kitts and those applying in Nevis, requiring
licensing in each island. There are also separate licensing arrangements for some categories of
financial services related work;54
 funding of legal education is by discretionary economic cost award and student loan;55
 the suggestion that there are individuals working in the offshore industry who are “practising
law” and should fall under the regulatory provisions for attorneys;
 participation in a UNESCO educational policy review.56
2.11 St. Lucia
The Consultants (Ching, Cummins and Watson) visited St Lucia from 19th to 20th October, 2016.
Meetings took place with the president of the Bar Association, Chief Justice of the Eastern Caribbean
Supreme Court, a high court judge and a recent LEC graduate.
Special features of the St. Lucia context include the following:
 there are 120 to 200 57

practising lawyers in St. Lucia with 508 names on the Roll. The general
population at July 2016 was 164,464. The largest law firm has about 12 lawyers in total;58
 as under the Legal Profession Act, 2000, in-house attorneys are not required to pay fees to the
Bar Association, establishing the full number of active attorneys is challenging; 59
 a small number of St. Lucian students graduating annually from UWI, Cave Hill;60
 St. Lucians graduating from the Hugh Wooding Law School small, but fluctuating in number
from 1 in 2012 to 7 in 2014;61
 the number of calls to the Bar is correspondingly small, with 9 new calls reported in 2016. Of
these, 4 had UK LL.B.s and 3 were entirely foreign-qualified;62
 St. Lucia is a hybrid jurisdiction, and there are challenges in effectively addressing this in the
LL.B. and LEC courses;63
 Law, at undergraduate and LEC level, is not funded by the Government of St. Lucia except,
possibly, by way of Island Scholarship.64 Some postgraduate topics, e.g. Environmental Law and
65
Legislative Drafting may be treated as a priority and funded. Also, external scholarships are
available, for example for BPP University in the U.K;66
 there is a tradition of informal pupillage in St. Lucia, but this was not mandated and may have
died out with insufficient support from senior practitioners;
 membership of the OECS.
35
2.12 St. Vincent and the Grenadines
The Consultants (Ching, Cummins and Watson) visited St Vincent from 21st to 23rd October,
2016. Meetings took place with the President of the Bar Association, a senior member of the Ministry of
Education, the resident judge and a student of the LLM in Legislative Drafting.67
Special features of the context in St Vincent and the Grenadines include the following: 68
 approximately 100 attorneys are on the roll. This can be compared with a general population of
102,350 people as at July 2016;69
 where there are firms in the country, these are likely to be family enterprises leading to a
perception that they are unlikely to take on non-family members;
 approximately 5-8 new attorneys are called each year and positive steps have been taken by
government to absorb new lawyers into government practice;
 there is no Legal Profession Act in force, consequently there are challenges for the Bar
Association in enforcing discipline without formal regulatory authority;
 membership of the OECS;
 presence of the UWI Open campus,70 although it does not offer any local law courses;
 CAPE in Law and a course in paralegal studies are available at the St Vincent and the Grenadines
Community College;71
 a provision in the local Supreme Court Act permitting direct admission to the Bar for those
called to the bar or admitted as solicitors in England and Wales.
2.13 Trinidad and Tobago
The Consultants (Ching and Watson) visited Trinidad from 29th October to 4th November, 2016.
Meetings took place with members of staff at UWI St Augustine and the Hugh Wooding Law School, a
Hugh Wooding student, members of the Trinidadian judiciary and of the Caribbean Court of Justice and
representatives of the Attorney-General’s department.
Special features of the Trinidadian context include the following: 72
 an estimated number of lawyers of “just under 3,000”, compared with a general population of
1,220,479 as at 2016,73 with over 200 new calls each year and around 200 lawyers in
government practice, including in the legal units attached to each ministry;
 GATE funding74 for tertiary education which provides 100% funding of the tuition fee element
for undergraduate education and the LEC;75
36
 a specific legislative provision enabling those qualified as solicitors or barristers in England and
Wales, or partially qualified into those professions but with six months’ work experience in
Trinidad and Tobago, to be called to the bar (even though they might not be entitled to practise
in England and Wales). These “special admissions” account for a substantial proportion of the
local bar;76
 the presence of the Hugh Wooding Law School77 with special arrangements for admission of
Guyanese UG graduates,78 and responsibility for covering all the OECS nations;79
 the presence of the UWI St Augustine Campus80 and the UWI Open Campus, as well as the
University of Trinidad and Tobago (which does not have a law offering);
 the Accreditation Council of Trinidad and Tobago,81 which requires tertiary education providers
to be registered, and offers accreditation;
 a substantial market for British degrees generally (usually distance learning), with Trinidad and
Tobago being the 8th in a list of “offshore” provision with 8,605 students,82 and the University of
London external provision in all disciplines numbering 2,000 students in Trinidad and Tobago;83
 a number of other providers locally 84 supporting students in the University of London external
LLB85 in addition to those studying this or any other LLB independently online;86
 other courses, particularly designed for paralegals, available both through local and foreign
providers;87
 a national accreditation body for tertiary education (ACTT);88
 the presence of the Caribbean Court of Justice,89 facilitating members of its judiciary in
contributing to teaching at institutions in Trinidad and Tobago.
2.14 Summary
This Chapter provides a snapshot of legal education provisions in the countries included in the
IMPACT Justice survey. It provides information on the environment within which local lawyers operate;
the continuing access by citizens of some countries to extra-regional legal education; the growing
influence of the UWI Open Campus in that while it does not offer the LL.B., it supports paralegal and
practical, public legal education programmes which citizens may find useful in many areas of work. It
also hints at the fact that some countries are finding it difficult to provide financial support for legal
education on an on-going basis, both at the LL.B. and CLE levels, and points to areas of legal practice in
which shortages of expertise are being experienced. Altogether, the information provides some of the
basis information needed for an assessment of legal education needs which is one of the main areas of
focus in Chapter 3.
37
NOTES TO SECTION 2: SPECIAL FEATURES OF COUNTRIES INCLUDED IN THE SURVEY
1 Koelle Boyce, pp.147-8.
2 Central Intelligence Agency. Central America and the Caribbean: Antigua and Barbuda (The World Factbook – Central Intelligence Agency, 25
August 2016) https://www.cia.gov/library/publications/the world fctbook/geos/ac.html accessed 6 September 2016.
3 University of the West Indies. The Open Campus in Antigua and Barbuda (University of the West Indies, No. date)
http://www.open.uwi.edu/antigua_barbuda accessed 3 September 2016.
4 Koelle Boyce, pp. 147-148.
5 Bastian-Galanis, (2015).
6 Central Intelligence Agency, Central America and the Bahamas (The World Factbook – Central Intelligence Agency, 25 August 2016.. accessed
6 September 2016.
7 Caribbean Development Research Services “Vies and Opinions on Lawyers and Legal Education in the Caribbean (2016).
8 Legal Profession Act, s. 19.
9 University of the Bahamas, The Open Campus in the Bahamas http://www.open.uwi.edu/bahamas accessed 3 September 2016.
10 See Koelle Boyce (2016), p. 147.
11 Barbados Bar Association. Annual Report, 2016, p. 9.
12 Central Intelligence Agency. “Barbados”. The World Fact Book. <https:www.cia.gov/library/publications/the world-factbook/geos/bb.html>.
Accessed 16 September 2016.
13 University of the West Indies at Cave Hill, Barbados “Faculty of Law” UWI at Cave Hill. http://www.Cavehill, UWI/Lawl Programmes. aspx No
date. Accessed 16 September 2016.
14 <http://www.open.uwi.edu/Barbados. Accessed 16 September 2016.
15 Barbados Accreditation Council. “Welcome to Barbados Accreditation Council <https:bac.gov.bb> Accessed 16 Sept. 2016.
16 Nigel Hawke, “Report on Legal Education in Belize “(IMPACT Justice. 2015) p. 11. See also, “Bar Association of Belize” No. date
http://www.belizebar.bz//accessed 16 September 2016.
17.Central Intelligence Agency. “Belize” (The World Factbook – Central Intelligence Agency, 7 September 2016
<https://www.cia.gov/library/publications/the -world-factbook/geos/bh.html.accessed 16 September 2016.
18Legal Profession Act, 2000, s. 6.
19 Nigel Hawke, p. 7.
20 Derwayne Wills, “Caribbean Legal Education Needs Comprehensive Review – AG” Guyana Chronicle, 11 July, 2014.
21 University of the West Indies. “The Open Campus in Belize” University of the West Indies, Open Campus, No date
<http://www.open.uwi.edu/Belize> accessed 16 September 2016.
22. University of Belize. “University of Belize – Education Empowers a Nation” (University of Belize. No. date) http://www.ub.edu.bz/ accessed
13 November 2016.
23. Hawke, pp 15-16.
24 See also Koelle Boyce, ‘Legal Education Survey: Report on Opinions of Law Students and Members of the Legal Profession’ (2016), pp 147-
148.
25 Central Intelligence Agency, ‘Central America and Caribbean: Dominica’ (The World Factbook — Central Intelligence Agency, 25 August
2016) <https://www.cia.gov/library/publications/the-world-factbook/geos/do.html> accessed 6 September 2016.
26 Dominica State College, ‘Dominica State College’ (Dominica State College, No date) <http://dsc.dm/dscdm/> accessed 4 September 2016.
148.
28 Ibid.
29 Central Intelligence Agency, ‘Grenada’ (The World Factbook — Central Intelligence Agency, 7 September 2016)
<https://www.cia.gov/library/publications/the-world-factbook/geos/gj.html> accessed 16 September 2016.
30. Ibid.
31 University of the West Indies, ‘The Open Campus in Grenada’ (University of the West Indies, Open Campus, No date)
<http://www.open.uwi.edu/grenada> accessed 16 September 2016.
32 See also Koelle Boyce, pp 147-148.
33 Central Intelligence Agency, ‘Guyana’ (The World Factbook — Central Intelligence Agency, 7 September 2016)
<https://www.cia.gov/library/publications/the-world-factbook/geos/gy.html> accessed 16 September 2016.
34 Dominica State College. No. date. < http://dsc.dm./discdm/> accessed 4 September 2016.
35 A similar suggestion was made in relation to the need for Portuguese speakers.
36 University of Guyana, ‘Department of Law’ (University of Guyana, No Date) <http://uog.edu.gy/faculties/fss/department-of-law> accessed
16 September 2016.
37 University of Guyana Educational and Resource Ambassadors, ‘Resolution to the Government of Guyana’ (2016) 1 Renaissance 15. See also
Tom Durbin, ‘Report on the Use of Technology in Legal Education within the Caribbean Region’ (IMPACT Justice 2016), pp27-29.
38 But see Gomatie Gangadin, ‘UG Law Students Cry Foul’ Guyana Times (15 January 2015) <http://www.guyanatimesgy.com/2015/01/15/ug-
law-students-cry-foul/> accessed 15 September 2016.
39 Anon, ‘Council of Legal Education to Consider Guyana Report’ Jamaica Observer (1 September 2016)
<http://www.jamaicaobserver.com/news/Council-of-Legal-Education-to-consider-Guyana-report_72559> accessed 15 September 2016.
40 Anon, ‘Guyana Signs Agreement for UG Graduates to Study Law in Trinidad’ (CCN TV6, 9 September 2016)
<http://www.tv6tnt.com/home/rotator/Guyana-signs-agreement-for-UG-graduates-to-study-law-in-Trinidad-392915831.html> accessed 16
September 2016. Anon, ‘The Need for Law School in Guyana Amplified – UGLS’ Kaieteur News (28 December 2014)
38
<http://www.kaieteurnewsonline.com/2014/12/28/the-need-for-law-school-in-guyana-amplified-ugls/> accessed 7 September 2016.
8.
42 Dennis Darby, ‘Situational Analysis on Legal Education Provisions in Jamaica’ (Darby, Darby and Associates no date), p 6.
43 Central Intelligence Agency, ‘Jamaica’ (The World Factbook — Central Intelligence Agency, 7 September 2016)
<https://www.cia.gov/library/publications/the-world-factbook/geos/jm.html> accessed 16 September 2016.
44 University Council of Jamaica, ‘The University Council of Jamaica’ (The University Council of Jamaica, No date) <http://www.ucj.org.jm/>
accessed 26 August 2016
45 General Legal Council, ‘CLPD Overview’ (General Legal Council, no date) <http://www.generallegalcouncil.org/clpd/clpd-overview/>
accessed 21 August 2016.
47 Central Intelligence Agency, ‘Central America and Caribbean: Montserrat’ (The World Factbook — Central Intelligence Agency, 21 July 2016)
<https://www.cia.gov/library/publications/the-world-factbook/geos/mh.html> accessed 6 September 2016.
48 University of the West Indies, ‘The Open Campus in Montserrat’ (University of the West Indies) <http://www.open.uwi.edu/montserrat>
accessed 3 September 2016
50 Elliott-Hamilton, “Report on the Status of the Legal Profession in St Kitts and Nevis”. Prepared for IMPACT Justice, 2016, pp3-4.
51 Central Intelligence Agency, ‘Central America and Caribbean: Saint Kitts and Nevis’ (The World Factbook — Central Intelligence Agency)
<https://www.cia.gov/library/publications/the-world-factbook/geos/sc.html> accessed 6 September 2016.
52 Elliott-Hamilton,, ‘Report on the Status of the Legal Profession in St Kitts and Nevis’, p 2.
53University of the West Indies, ‘The Open Campus in St. Kitts & Nevis’ (University of the West Indies)
<http://www.open.uwi.edu/st_kitts_nevis> accessed 3 September 2016
54 Dane Victor Elliott-Hamilton, “Report on the Status of the Legal Profession in St Kitts and Nevis” p. 1.
55 Ibid, pp 5-6.
56 United Nations Educational, Scientific and Cultural Organization, ‘Saint Kitts and Nevis Education Policy Review, Final Report’ (United
Nations Educational, Scientific and Cultural Organization 2016) ED-2016/WS/13
<http://unesdoc.unesco.org/images/0024/002451/245170E.pdf> accessed 23 September 2016. This report notes progress being made but
reports a gap between policy designed to improve learning and address challenges such as drop out rates, and implementation of such
policies. It also suggested a redesign of the primary and secondary curricula using competency approaches coupled with a quality learning
and teaching framework to support schools.
58 Central Intelligence Agency. “St. Lucia (The World Factbook – CIA, 7 Sept. 2016.
<https:www.cia.gov/library/publications/The_world_factboook/geos/st.html accessed 16 September 2016.
59 Elliott-Hamilton, “Report on the Status of the Legal Profession in St. Lucia”. Prepared for IMPACT Justice, 2016, p. 1.
60 University of the West Indies.” The Open Campus in St. Lucia. (UWI. Open Campus, No dare) https://www.open uwi.edu?St. Lucia accessed
16 September 2016.
61 Elliott-Hamilton, p. 4
62 St. Lucia Bar Association “Recent Calls to the Bar” [2016] The Brief 32.
63 Eliott-Hamilton, p. 5.
64. Ibid, p. 8.
65 Government of St. Lucia. the government of St. Lucia Approved List of Areas for National Training, 2013-14 (2ww.St. Lucia chamber.org.
accessed 20 October 2016.
66 GIS Delegation Visits BPP University, St. Lucianews online (24 April 2015) <http:LLStLucianewsonline. Educanew online, Com/delegation-
visits-bpp-university> accessed 20 October 2016.
67 The Commonwealth, ‘Strengthening of Legislative Drafting Offices in the Caribbean’ (The Commonwealth, 2016 2013)
<http://thecommonwealth.org/project/strengthening-legislative-drafting-offices-caribbean> accessed 16 September 2016. Also see
University of the West Indies, Cave Hill, ‘LLM in Legislative Drafting Course Outline and Reading Materials’. University of the West Indies,
Cave Hill, ‘LLM and Postgraduate Diploma (Legislative Drafting)’ https://www.cavehill.uwi.edu /gradstudies/resources/brochures/
programme-outline/legislative-drafting-law.aspx> accessed 11 November 2016.
69 Central Intelligence Agency, ‘Saint Vincent and the Grenadines’ (The World Factbook — Central Intelligence Agency, 7 September 2016)
<https://www.cia.gov/library/publications/the-world-factbook/geos/vc.html> accessed 16 September 2016.
70 University of the West Indies, ‘The Open Campus in St. Vincent & The Grenadines’ (University of the West Indies, Open Campus, No date)
<http://www.open.uwi.edu/st_vincent_grenadines> accessed 16 September 2016.
71 St Vincent and the Grenadines Community College, ‘St Vincent and the Grenadines Community College’ (St Vincent and the Grenadines
Community College, No date) <http://www.svgcc.vc/> accessed 22 October 2016.
72 See also Koelle Boyce, 147-148.
73 Central Intelligence Agency, ‘Trinidad and Tobago’ (The World Factbook — Central Intelligence Agency, 7 September 2016)
<https://www.cia.gov/library/publications/the-world-factbook/geos/td.html> accessed 16 September 2016.
39
74 Government of the Republic of Trinidad and Tobago, ‘Welcome to GATE eService’ (Government of the Republic of Trinidad and Tobago, No
date) <http://www.e-gate.gov.tt/gate-app/faq.htm> accessed 13 November 2016.
75 Karen Nunez Tesheira, ‘Report on the Status of the Legal Profession in the Republic of Trinidad and Tobago’ . Prepared for IMPACT Justice
2015), pp 16-17.
76 Ibid., p 17-19.
77 Hugh Wooding Law School, ‘Hugh Wooding Law School’ (Hugh Wooding Law School, No date) <http://www.hwls.edu.tt/> accessed 15
September 2016.
78 Karen Nunez Tesheira, p 13.
79 Ibid. pp, 6, 8 and 13. Although the majority of Hugh Wooding students are from Trinidad and Tobago. and the majority of admissions are
(except in 2012/2013) for UWI students
80 Ibid., p. 5 and University of the West Indies at St Augustine, Trinidad and Tobago, ‘The Faculty of Law’ (University of the West Indies at St
Augustine, Trinidad and Tobago, No date) <https://sta.uwi.edu/law/index.asp> accessed 16 September 2016. There was decreased admission
to Cave Hill of Trinidad and Tobago students following the establishment of a complete LLB at UWI, St Augustine:
81 Accreditation Council of Trinidad and Tobago, ‘Accreditation Council of Trinidad and Tobago’ (Accreditation Council of Trinidad and Tobago,
No date) <http://actt.org.tt/> accessed 15 September 2016.
82 HESA, ‘HESA Students in Higher Education Institutions 2007/08 Reveals 197,000 Students Studying Overseas for UK HE Qualifications’
(Higher Education Statistics Agency, 2008) <https://www.hesa.ac.uk/news/16-04-2009/higher-education-students> accessed 13 November
2016.
83 University of London International Programmes, ‘Study in the Caribbean, Graduate from the University of London’
<http://www.londoninternational.ac.uk/sites/default/files/caribbean_lflet_2013.pdf> accessed 13 November 2016; University of London
International Programmes, ‘Trinidad and Tobago’ (16 August 2016) <http://www.londoninternational.ac.uk/trinidad> accessed 16 September
2016.
84 Academy of Tertiary Studies; College of Legal Studies; Dawill Law Academy; Institute of Law and Academic Studies; K Beckles and Associates
Law Tutors Limited.
85 University of London International Programmes, ‘Study in the Caribbean, Graduate from the University of London’
<http://www.londoninternational.ac.uk/sites/default/files/caribbean_lflet_2013.pdf> accessed 13 November 2016.
86 Karen Nunez Tesheira,, pp 8-12.
87 Ibid, pp 19-22.
88 Accreditation Council of Trinidad and Tobago, ‘Accreditation Council of Trinidad and Tobago’ (Accreditation Council of Trinidad and Tobago,
No date) <http://actt.org.tt/> accessed 15 September 2016.
89 Caribbean Court of Justice, ‘The Caribbean Court of Justice’ (Caribbean Court of Justice, No date)
<http://www.caribbeancourtofjustice.org/> accessed 13 November 2016.
40
3. Terms of reference
3.1 To consider the purpose of legal education and revisit the “West Indian System” to
see how thinking has changed since it was designed in the 1960s
In carrying out this investigation, the Consultants consciously began meetings by inviting
respondents to revisit the settlement represented by the original Treaty, designed to validate the
independence and significance of the CARICOM Member States, their law and history and to create a
uniquely multinational mechanism for legal education, both in content and in delivery. They found
significant support for the continuing relevance of the original objectives,1 not merely as nostalgia,
but as something which might, in fact, be of increasing importance, given harmonisation within the
OECS, and greater reliance on the CCJ. The Consultants concluded that, in educational terms, there
is a positive benefit in the opportunity for law students and lawyers to mix with their peers from other
jurisdictions, especially where this provides them with a perspective, as it can in the Caribbean, on
common law, civil law, Roman-Dutch and other systems of law. T h e y noted also, in the region, a
commitment to regular review of the legal education system, both generally and in the faculties and
law schools, evident from the discussion in the Introduction to this Report and in section 4.2.7.
Some respondents, however, felt that the objectives require revisiting or reinterpreting so as to
place greater relevance on:
 particular areas of law, such as environmental or human rights law; or
 recognition of changes in society, such as changes in family structures and in recognition of

LGBT individuals.
Some respondents a l s o felt that, although Caribbean unity i s a positive thing, now i s the
time for the region to have a more outward-looking focus, on international trade, international
treaty making, marine and environmental challenges. For some this led to a desire for legal professional
qualifications not only to enable individuals to practise in any of the CARICOM nations, but also extra-
regionally.
However, other respondents felt that the original objectives are no longer viable. The principle
reason given was the increase in law faculties and law schools, which had compromised the original
vision of all the region’s students working and learning together, in a system which required them all to
spend some time in a country other than their own. Some perceived this as a deliberate political
decision by some countries, which could afford to go their own way, establishing their own faculties and
placing pressure on law schools to be “parochial” in favour of the host nation, prejudicing integration
and the coverage of the law of the smaller nations. The Consultants reported that benefits of knowing
practitioners in other countries, and being able to refer work to them and take advice from them, were
41
clearly substantial and very evident as they moved around the region. Another view is that the regional
system of legal education is not static, but is growing and evolving; that the system has to be sufficiently
flexible to adapt to growth and change, or it will fail. According to this view, a local emphasis and a
regional perspective must be accommodated in the same system, and a focus on Bahamian or
Guyanese law does not prejudice the provision of Caribbean law and a regional focus. To the
Consultants it seems unlikely, however, that it is now possible to revert to a single faculty/single
law school model, but it is a theme of this report that efforts should be made to recapture some of
this regional vision. Insofar as that regional vision necessarily exposes students and young lawyers to
concepts that arise from a number of different legal models, it can also be seen as an aspect of
Caribbean legal education which uniquely also equips its graduates for practice anywhere in the world,
and in cross-border activity.
3.2 To consider whether the existing system of legal education in the region is
adequately meeting the needs of the region
3.2.1 The current and projected demand for legal education opportunities and the need for
the services of legally trained persons;
The Consultants asked whether legal education at all or any of its levels was meeting the needs
of society in the Commonwealth Caribbean or the specific jurisdiction and whether there were “too
many lawyers” in the region. For some respondents, this led t o a d iscussion of matters of
curriculum, which is dealt with further on in this section of the Report. For others, it was interpreted as
relating to the number and quality of legal practitioners. I n s o m e c a s e s i t w a s linked to the
number of law school places, which, at their current levels, or if expanded, could, it was argued,
create a flood in the market.
Opinions differed, across the region, as to whether there are “too many lawyers”, with
practitioners in the smaller countries being less likely to believe that there are too many lawyers overall.
The IMPACT Justice survey of law students and lawyers conducted by Koelle Boyce, with responses
largely from Barbados, Jamaica and Trinidad, found that almost all respondents reported “significant
growth in the number of lawyers in their jurisdiction since 2006”,2 but that the majority of LLB
students who wished to become attorneys expected to find a job within a year of graduating and that
72% of LEC graduates were employed as lawyers.3 The IMPACT Justice commissioned Caribbean
Development Research Services (CADRES) survey of a range of interviewees in Barbados, Belize,
Guyana, Jamaica, St Kitts and Nevis, St. Lucia and Trinidad and Tobago, asked respondents if there were
too many lawyers practising in the respondent’s country. CADRES noted the large proportion of
42
respondents who were “unsure/prefer not to say”; as high as 42% amongst the Jamaican respondents.4
Although the prevailing aggregated view was that there are too many lawyers (or would be in the
future), this was marginal, with more, or the same, respondents of the view that there were too
few lawyers, in Belize and Guyana.
This, broadly, accords with the information obtained by the Consultants. The IMPACT Justice
survey demonstrates the difficulty inherent in seeking evaluation from the general public, many of
whom may not themselves consult lawyers, or perceive that legal work is going on in, for example,
government ministries as well as the general problem in client evaluation of the quality of legal services
arising from the information asymmetry between client and lawyer.5 A more subtle opinion was that
too many lawyers were trying to operate in particular fields (civil private practice and often sole
practice), resulting in government practice being unable to recruit; 6 companies and NGOs lacking
in-house legal advice and substantial deficits in legal aid work, the criminal defense bar and outside
urban areas.7 There might also be deficiencies in specialist practice, although an individual lawyer
might, especially in the smaller countries, not be able to found a complete practice on specialist work. It
was also noted that there were, or should be, opportunities in business, including in the financial
sector, for those who had a law degree, but who did not need to qualify through law school. Another
phenomenon was that government practice might be used by newly qualified lawyers as a supportive
training environment for a few years, resulting in a high turnover as these lawyers left for private
practice. This was detrimental to the departments concerned and also meant that the
departments might have a limited number of more experienced lawyers.
In attempting to determine whether a country or section of a country is adequately served by
lawyers, researchers have often looked at the proportion of lawyers to population. The US scholar
Stephen Magee has calculated an optimum ratio of 2 or 2.59 to every thousand people in the
population.8 Magee’s methodology is not without controversy 9 and other approaches have been used,
and critiqued, in attempting to address this question.10 The proportion of lawyers to population as a
raw figure produces the highest proportion in Israel, 11 followed by the USA,12 with Japan having one of
the lowest.
In Table 2 and Figure 2, the estimate of lawyers in the region between 2015 and 2016 is given
as 10,900, the majority being in Trinidad and Tobago, followed by Jamaica, The Bahamas, Guyana and
Barbados, with smaller numbers in the other countries. If the Magee formula is used, The Bahamas, with
one lawyer per 246 persons, Montserrat with one lawyer per 250 persons, followed by Barbados with
one lawyer per 300 persons were the best served, or had an oversupply of lawyers, depending on the
approach taken. And, even though the lawyer population is in some cases inaccurate, Dominica, Belize,
Jamaica and St. Vincent and the Grenadines could be considered underserved using the Magee formula.
43
Country Estimated No. of Est. No. of New Est. of Population at Estimated Ratio of
Lawyers Lawyers Per Given Times, 2015 and Lawyers to Population
Year 3016
Antigua and Barbuda 138 92,436 (July 2015) 1:670
The Bahamas 1,317 324,597 (July 2015 1:246
Barbados 972 291,495 (July 2016) 1:300
Belize 251 353,858 (July 2016) 1:1409
Dominica 30 actual 3-4 73,607 (July 2015) 1:2454
100 on Roll
Grenada 100 2-5 111,219 (July 2016) 1:1112
Guyana 1120 25-30 735,909 (July 2016) 1:657
Jamaica 2642 2,950,210 (July 2015) 1:1117
Montserrat 21 5,241 (July 2015) 1:250
St. Kitts and Nevis 129 51,936 (July 2015) 1:403
St. Lucia 120-200 Around 9 164,464 (July 2016) 1:822

St. Vincent and The 100 5-8 102,350 (July 2016) 1:1024
Grenadines
Trinidad and Tobago Approx. 3000 200 1,220,479 (July 2016) 1:407
Table 2 Estimated number of lawyers in CARICOM Member States
Estimated ratio of lawyers to population

3000
2500
2000
1500
1000
500
0
Figure 2 Estimated number of lawyers in CARICOM Member States
The estimates in Table 2 and Figure 2 were stated by the Consultants to be “cautious
estimates” for several reasons. Firstly, bar association membership may not accurately represent the
44
number of lawyers in active practice in a jurisdiction, or the numbers available as private practitioners
to the general public. Secondly, in some cases, there is no system for “pruning” the Roll Books kept by
the Supreme Court registries or even the Bar Association records to remove the names of deceased or
inactive lawyers. For instance, in Dominica, only 30 of a list of 100 lawyers were actually practising in
the country; in Barbados 1004 were on the Roll, but 972 were practising and in St. Lucia, where
membership of the Bar Association was not compulsory, the numbers given as practising were said to
range from 100 to 200, but 508 names were on the Roll. Thirdly, in some countries, those providing
legal advice in-house were not required to be formally qualified and lawyers in government practice
were not required to register with the local bar association.
In addition, the Consultants noted a wide range of paralegal courses being available, but did not
have figures for the paralegal population. It is of course possible that some of the legal work done by
young lawyers employed in law firms or by referral from senior practitioners, could be carried out by
paralegals with different, and less expensive, qualifications.13 Although the Consultants met at least
one senior practitioner who had been a paralegal, there is no formal route from paralegal to lawyer
recognised under the Treaty, other than the possibility of mature entrant access to the law faculties.
Thus, the UWI paralegal associate degree offered online or through blended learning is specifically
designed to align with the matriculation requirements of the UWI LLB, providing a means of
progression.14 The extent of a need for paralegals, and paralegal education, as an alternative career or
an alternative route into a career as a lawyer, is not clear, although the variety of paralegal courses
being offered in the region suggests that there is a demand for this. Also, according to the “Report on
Opinions of Law Students and Members of the Legal Profession” conducted by Koelle Boyce on behalf of
IMPACT Justice, respondents overwhelmingly supported a system that delivers more paralegal
assistants.
The Consultants noted that the comparison of lawyers per population in countries in the region
with other countries is tempting, but suggested that it is dangerous and ultimately unhelpful. Ideally,
whether the proportion of lawyers to population is appropriate depends on many factors, including:15
a) the local definition of “lawyer”,16 the extent of the legal profession’s monopoly over
certain kinds of work and the complexity or otherwise of ownership structures, for
example, land and other assets;17
b) the proportion of the population whose income is such to allow them to enter into
transactions requiring lawyers;
c) per capita income of the country;
d) the range and size of economic activities taking place in a country (eg manufacturing,
trading, mining, tourism, offshore financial services);18
45
(e) whether the local culture is, or is not, litigious, or reliant on less formal processes of
alternative dispute resolution, similarly, whether trade is conducted through formal
contracts, or through less formal means;
f) the overall crime level in a country;
g) the cost and availability of legal education;
h) whether or not sole practice is contingent on, for example, special qualifications or prior
work experience as an employee (for example, pupillage);
i) the placing of law faculties and law schools in particular countries; and
j) the fact that there is an irreducible minimum of lawyers required for central and local
government, even when the local general population is small.19
While the above factors are to be taken into account in considering supply, the question of
demand is, however, complicated by the substantial number of students undertaking foreign LLBs,
whether through other providers locally (in the Bahamas, Jamaica and particularly in Trinidad and
Tobago) or online.20 It is likely that most of these students, often part-time, are pursuing the
University of London international LLB, but not all are, and the number is impossible to calculate
without access to HESA statistics (available for a fee). It is also not necessarily the case that such
students wish to become practitioners, although clearly the opportunity to use their degree to do so
is valuable. To the extent that these students wish to practise in the Caribbean, then, foreign law
faculties are currently accommodating the surplus demand that local law faculties cannot.
The question of “too many lawyers”, in a number of jurisdictions throughout the world,
21
frequently becomes a complaint against legal educators, alleged to be hungry for student fees and
22
inclined to misrepresent the chances of successful employment. The vigour of the complaint is also
likely to be linked to the extent to which the purpose of a university legal education is seen to be
qualification as a lawyer, or a route to other careers. It is increasingly rare for a state or a profession
to have a pre-determined number of lawyers. The number is filtered by the educational providers, the
profession/professional regulator, state or the market. Abel suggests, essentially in the U.S. JD
context, that there are a number of factors to consider if the responsibility for limiting numbers is
placed on the academy.23 To this list the Consultants added the utility of the LLB for careers outside
legal practice and drew attention to the excerpt below:
Those arguing that law schools [ie. JD providers, rather than law schools in the Caribbean sense] should
control the number of lawyers must answer some hard questions. What gives law schools the moral
authority to make that decision? What evidence do they offer for the proposition that the education
they provide is essential for every practitioner? How can they ensure that self-interest does not
contaminate their actions? What criteria will they use to determine the ‘right’ number of lawyers? What
data are required for that calculation; how will they collect those data, and how reliable are they?
Should law schools act individually? If so, won’t their different interests and calculations produce
46
divergent actions (so that some expand as others contract)? If they seek to act collectively, what
institutional framework should they use? Where will they get the coercive power necessary to
overcome the collective action problem? How will t h e y d efend against antitrust challenges?
Should law schools control entry (through admissions or tuition levels) or graduation (by dismissing a
proportion of entering students)? How will law schools ensure that efforts to lower enrolment do not
disproportionately affect applicants disadvantaged by race, ethnicity, religion, class or gender or
intensify professional stratification? Law schools should not regulate entry until they can offer answers
that satisfy the society lawyers are supposed to serve.24
The need of regional governments for information on whether the existing or expected supply
of lawyers is likely to meet, or be in excess of the needs of a particular state is understandable. The
Consultants concluded that a study aimed at collecting accurate information on the number of lawyers
in active private and public practice and their areas of focus would aid in determining which areas of
practice were under and over-supplied. In their view, this could then inform decisions about
recruitment from other jurisdictions in the region; bonding of graduates to public service or specialist
areas of practice and whether there should be limited licensure for e.g. sole practice or particular,
higher risk, areas of legal practice.
It would have been necessary for the Consultants to conduct a study to meet the four main
research objectives shown below and could not have done so in the time and with the resources
available to them:
(1) develop a profile of practicing attorneys in each state;

(2) determine what representatives of the LL.B. providers and the law schools expect to
happen with regard to legal education and in the legal profession in the region over the
next decade that might affect future supply of and demand for lawyers;
(3) collect information on what employing organisations and other experts anticipate as
upcoming trends that will affect future supply and demand;
(4) factor in free mobility issues. For instance, one country might be considered as saturated
with lawyers, but some of these lawyers could in theory move to other countries within
the region where there are needs.
With regard to the first objective, collecting the necessary information would have been made
difficult by the fact that bar association and official records of lawyers often neither present a true
picture of those actually practicing nor include paralegals who deliver legal services in some
jurisdictions.
The second objective would require the faculties of law and law schools to provide information
on:
47
(a) numbers applying for and admitted to those institutions over a period;
(b) whether they were keeping tract of and introducing courses in specialist areas as a
demand was noted;
(c) conducting graduate tracer studies to find out how long graduates had to wait to
find employment; whether in law or other areas; and in which countries.
With regard to the third objective, forecasting future supply and demand is even more difficult,
as it would require canvassing individual lawyers, firms and organisations to discover their areas of
practice, the supply and demand in those areas over a period of time and additional needs likely to arise
in the future. Most organisations in the region would probably find this a difficult exercise in the current
environment. Furthermore, the supply of lawyers at any given time is not just lawyers who have
qualified, but those willing to work under prevailing market conditions. Similarly, demand is construed
as the number of lawyers that employers or clients are willing and able to hire at the prevailing market
wages. If lawyers are going to be paid the wages of law clerks, some may accept the employment to
gain experience; others may prefer to find other avenues of employment, or might consider moving to
another country in the region.
The fourth objective, the factoring in of free mobility is already being experienced, largely in
relation to Belize, where lawyers from other countries are finding employment, especially in the
Government service. The most that the survey can do at this time is provide a summary of needs as
identified by various persons to whom the Consultants spoke:
Country Expertise Needed
Antigua and Barbuda Telecommunications Law and Intellectual
Property
The Bahamas Criminal defense attorneys; specialist attorneys in
the areas of Aviation, Cybercrime, Insurance,
Marine Law and Intellectual Property
Barbados None identified. Views were that only 10 out of a
class of 50 might find work; It was recommended
that there be a prohibition on advertising and
“hoarding” of good work by senior attorneys
which were adversely affecting young attorneys
Belize 5 or so lawyers a year added to the profession are
likely to find places in the private sector, leaving
the Government and Judiciary to find it necessary
48
to recruit lawyers from outside the country.
Situation in which magistrates now dealing with
increasingly serious cases are not legally qualified.
Criminal law specialists being seconded to civil
work; lack of senior lawyers in Government
service.
Grenada Needs analysis conducted some years ago led
country to stop funding legal education in normal
cases. Shortage of criminal defense attorneys
identified.
Guyana Insufficient specialists in areas of Energy, law
pertaining to Agriculture, Intellectual Property, Oil
and Gas
Jamaica Paucity of lawyers in rural areas; too few criminal
defense attorneys, insolvency and financial
services practitioners.
St. Kitts and Nevis Numbers graduating annually still being absorbed
into the profession
St. Lucia Needs analysis conducted some years ago led
country to stop funding legal education in normal
cases. However, shortage of criminal defense
attorneys leads to delays in criminal trials .
St. Vincent and the Grenadines Shortage of criminal defense attorneys
Trinidad and Tobago Shortage of criminal defense attorneys especially
in the upper to middle range where the
differential between public and private sector
remuneration is greater.
Table 3: Legal expertise needs of CARICOM Member States
In many of the smaller countries it was stressed that there was a need for more attorneys to
join the public service, to become research assistants to the judiciary and to be legislative drafters.
However, it should be noted that IMPACT Justice was praised for the support it is providing for the
training of legislative drafters since its inception in 2014. By the end of 2016, 26 drafters working in the
offices of Parliamentary Counsel around the region would have been trained under the Project. With
49
regard to criminal practice, it is clear that this is not a favourite area for many practitioners, but some of
those who complain about their inability to find work should consider developing expertise in this area.
The law schools conduct special sessions and participate in career fairs at which students are
informed of options in the job market. The Consultants recommended that more work could be done
by the faculties and law schools in the area of careers advice to provide s tu den ts with a full range
of information about, for example, the use of the LLB for careers outside the legal profession,25 and
the realities of practice in terms of interest, stress and remuneration. It is possible that the message
is getting through to some extent: one young lawyer to whom the Consultants spoke commented that
“We know it isn’t about just making money” but commented that some peers had only discovered that
they did not want to be lawyers when they carried out their internship, halfway through the LEC
course. Of the respondents, to the IMPACT Justice survey of lawyers and law students, “nearly one
fifth of the LL.B. students appear to be contemplating alternative career paths or undertakings.”26
The Consultants also noted a number of LEC graduates who, they were told, were not working
in legal practice. They reported not being sure whether this was by default, as a result of the
graduates finding that traditional practice was not for them, a desire to retain the possibility of
practice at a later stage or because the LEC was seen as a suitable preparation for future careers, for
example, in politics or the civil service. One respondent appeared to be of the latter view, arguing
that attempting to filter law school places by using an aptitude test for legal practice was, as a result,
inappropriate.
Recommendations 1-5
1. It is not possible at present to advise with any reliability on the present or future needs
for lawyers in any CARICOM Member State except to the extent provided in Table 4.
2. Efforts should be made by bar associations in each CARICOM Member State to collate
accurate statistics of the number of active practitioners, new calls and ideally areas of
specialisation. This information would be basic to any special study on present and
future needs.
3. Where there are known recruitment gaps, e.g. as suggested by the information in Table
4, governments might consider providing national development scholarships at the
post-graduate level under bonding arrangements, specifically for persons to work in
areas which they consider crucial to national development, especially in the prosecution
services.
50
4. The reported shortage of criminal defense lawyers in many countries should be of
particular concern but it is questionable whether governments should take any action
except to recruit for their prosecution service as recommended above and advise
lawyers who complain of not finding work to consider criminal practice.
5. Efforts should be made by the CLE, law schools, law faculties and bar association, to
provide information to potential law school students at schools and town hall meetings
about a) the range of opportunities for those who have studied law but do not become
practitioners and b) the realities of legal practice, including the chances of obtaining a
place at law school, the challenges facing newly qualified practitioners and
salary/income levels.
3.2.2 Current arrangements for funding legal education and the scope for change,
particularly taking into account the prevailing and projected economic environments
– See section 3.12
3.3.1 The current system of admission to the faculties of law, University of the West Indies
(UWI), University of Guyana (UG) and University of Technology, Jamaica (UTech)
At the three UWI Faculties of Law, the requirements are as follows: a minimum of five subjects
at CSEC (CXC) at General Proficiency (grades 1-3) or at GCE “O” Level including English language.
Alternatively, a student may be admitted with fewer CXC or GCE “O” level subjects, if he/she has also
passed at least 2 subjects at GCE “A” level or at CAPE (at least two units of each subject) or possesses an
associate degree from an approved tertiary level institution with a GPA of at least 3.5 or an
undergraduate degree with an average GPA of 3.0. At UG and UTECH, the general admission
requirement is five subjects, of which at least two may be at GCE Advanced Level, or two at CAPE and
the rest at CSEC General Proficiency or GCE Ordinary Level. What this information shows is that the
entrance requirements are not that dissimilar. (See Appendix 3).
At present, each of the faculties of law operates its own admissions process and sets its own
minima. This includes the three UWI campuses which admit separately and do not normally allow
transfer between campuses, UTECH, UG and the College of the Bahamas, as well as foreign institutions
offering LL.Bs. There is at present a premium on entry to the UWI LL.B. because of the guaranteed
passage to law school which might make the UWI admission processes more competitive. In
addition, there may well be a premium in the larger countries for students undertaking their LL.Bs in
51
their home countries.
One view expressed during the survey was that entry requirements should be standar dised
at the LL.B. stage; for instance, some respondents in Guyana, where UG LL.B. admissions had risen
from 25 to 60-65, were concerned about the standards of applicants, and in particular, about
standards of English. Concern was also expressed that the Amerindian community was
underrepresented in the Law Department and in the profession.
There is the potential for competition in recruitment between the three UWI campuses, with
Mona and St. Augustine now able to take the pick of the Jamaican and Trinidadian applicants
respectively. A Belizean respondent noted that the increase in places at UWI, Mona, coupled with
goodwill on the part of that Faculty, had assisted in addressing the shortage of lawyers in that
country.
The Consultants were not provided with information on the numbers of applicants, or
conversion rates or tariffs actually used to filter applicants. There was a suggestion, however, that
admissions, particularly at Cave Hill, had declined27 following the establishment of the full LLB
programme at the two other UWI campuses between 2010 and 2012. Possible responses to this issue –
although they cannot be entirely divorced from the question of UWI privilege in entry to the law schools
are:
Advantages Disadvantages
Maintain the status quo Known quantity Given the extent of demand and
potential for disappointed applicants to
Maintains autonomy of the individual go outside the region (and stay there),
faculties and enables them to comply with status quo may no longer be sustainable.
policy set at university level
Centralise admission processes across all Promotes consistency Cannot be applied to foreign LLBs
law faculties in the region
Avoids students having to make multiple Requires infrastructure even if an
applications to different universities electronic application process is used
Allows for efficiency in a “clearing” A “clearing” process may place

process for surplus applicants or places. inappropriate financial and other pressure
on applicants offered places far away
from their homes.
Detracts from autonomy of the individual

faculties and could conflict with policy set at
university/national level
Use an aptitude test in addition to existing May positively test for aptitude for legal At this stage of education, can realistically
admission criteria study (e.g. LSAT*, LNAT*) without being only be a critical thinking test as prior
jurisdictionally biased knowledge of law cannot be assumed.
May alternatively be used to filter out those Depending on the nature of the test, may
unsuitable for legal study (eg BCAT*) result in coaching (available to the better off)
Reduces overall numbers Some aptitude tests have been criticised as

discriminating against particular groups and
their predictive value may not be strong.*
Additional cost and resource of

administering and marking such tests (even
if electronic).
52
If not applied across all institutions, detracts
from perceived consistency.
Figure 3 Advantages and disadvantages of different approaches to admission to the LLB
Law faculties reviewed seemed satisfied with their own admission criteria. Where this was
discussed with participants, there appeared to be no appetite for separate entrance or aptitude tests
such as the LSAT or LNAT and there was concern that these might create an additional financial burden
on students. It should be noted that there have been criticisms of the fairness of such tests.
The issue of matriculation criteria was mentioned in relation to the privileged status of the UWI
LLB (see below). It was suggested that if its entrance criteria were more stringent than those of other
law faculties, this was one of the justifications for regarding its students as already having been
appropriately filtered for entry to law school. The challenge in this argument is that, without
longitudinal data, it is not possible to measure performance at law school or performance in the
profession, against entry criteria based possibly on performance in non-law school subjects.
Socialisation in relation to the original UWI model was mentioned with fondness by a number of
respondents, generally, and in particular in relation to the Treaty objectives of harmonisation and
mixing within the Commonwealth Caribbean. One respondent described UWI, before the establishment
of the full LLB courses at Mona and St Augustine, as “a bastion of Caribbean integration”. This
respondent worried that this had been lost now that students could pursue their LLBs in a single
jurisdiction. This position is to be contrasted with the view from an eminent jurist and Commonwealth
regionalist that the model had served its purpose and was crucial at a time when there was limited
access to technology. However, in a global community linked by technology, there is no longer the need
to require that the delivery of legal education should continue as it was done historically.
3.3.2 Should students be required to compete through an entrance exam?
The empirical data is ambivalent on this question, with respondents to Boyce’s survey 47%
against and only 40% in favour of a separate entrance examination. The majority of Boyce’s
respondents did not feel the current approach was too restrictive. 32
However, if an entrance examination is implemented, the more complex question here is, what,
precisely, such an entrance examination would test. Unless all applicants are required to have a CAPE
qualification in law, no prior knowledge of law or legal analysis/reasoning could be tested. Even if CAPE
Law is required, the question which currently arises in relation to the LEC entrance examination would
arise at this level: students being reassessed in topics they have already been assessed in and, in the
case of the CAPE qualifications, at a centralised level.
It has been suggested that an alternative that could take a variety of different forms would be
53
an “aptitude” test, of which a number of forms are already in use elsewhere in the world. The
advantages and disadvantages of aptitude tests are discussed in Figure 3 above.
Recommendations 6 -7:
6. There is no obvious need for an entrance examination for the LLB.
7. With regard to additional aptitude tests as admission criteria into the LL.B. programme,
while such tests would assist in filtering out or identifying those persons most suited to
pursuing a legal profession career, and might result in fewer persons entering the law
schools, in the present circumstances it would be an additional expense for which there
in no sufficient or cogent justification, particularly given the possible cost to regional
governments with limited resources. Furthermore, the dissatisfaction currently felt by
non-UWI LL.B. holders denied admission to the law schools would be replaced, possibly,
by an even larger body of dissatisfied LL.B. holders, including some who are UWI
graduates.
3.3.3 Should the “direct entry” system be retained?
The Direct Entry route complements the regular LL.B. programme. It requires students who
have been exempted from all Foundation Courses to take a total of 26 compulsory and optional courses
over a period of 2 years. The usual direct entrant has already completed a degree as a result of which
he/she earns the necessary exemption from the Foundation courses which are Language Argument,
Caribbean Civilisation and Science, Medicine and Technology in the Commonwealth Caribbean. A small
majority of Boyce’s sample was in favour of the direct entry route (with more marked preference
amongst legal educators).33
There are two reasons why the Direct Entry is limited to students who have a prior university
degree. Firstly, it is a challenging programme and thus only mature students, who already know how to
balance a heavy course load are allowed to register in it. Secondly, since Direct Entry exempts the three
Foundation courses, the student taking it must have already been exposed to foundational material,
which they would have done in their prior degree.
Where foreign qualification systems separate the academic and vocational stage of legal
education, short form academic stages are sometimes available.34 Graduates of such short form courses
may, however, not be able to transfer easily into other jurisdictions, such as those of the USA, as the
length of legal study may not satisfy local transfer regulations. In some jurisdictions such as Australia,35
54
an entry route for graduates may, in fact, be the same length as the undergraduate study but labelled
a JD.
The Consultants noted, however, a variety of admission procedures operating in the region
which do not fall comfortably within the operation of the Treaty. In principle, foreign qualified
lawyers may obtain practice rights through the 6-month programme. Their understanding was that this
was to be a measure designed for practitioners with some degree of prior practice experience. As
currently used, however, it is open to those who have not practised (provided that they have
“qualified”); those who have qualified into a non-fused profession whose qualifications are not
designed to equip graduates, for example, to substantial rights of audience; and barristers who would
not be allowed to practise independently in England and Wales because they have not yet
completed the pupillage requirement.
The Bahamian protocol was originally designed as a transitional measure but has been allowed
to continue. The provisions of s. 15(1A) of the Legal Profession Act of Trinidad and Tobago not only
cover the circumstances above, allowing for an English non-practising barrister to obtain practice
rights on the basis of 6 months, rather than 12 months’ pupillage, but also allow a person who has
completed what is at present two-thirds of the English solicitors’ qualification, to be called and to obtain
practice rights on the basis of 6 months, rather than the 24 months “period of recognised training”
(previously “training contract”) that would currently be required to enable them to qualify in
England and Wales. The Consultants also noted isolated examples elsewhere of discretionary
admission of individuals with foreign qualifications.36
If it is thought desirable to retain these exceptions, particularly where they relate to people who
have qualified or part-qualified into two of the legal professions of England and Wales, it should be
noted that both the Bar Standards Board 37 and the Solicitors Regulation Authority 38 are currently
engaged in substantial revisions of their qualification frameworks following from the Legal Education
and Training Review report of 2013.39 These changes may result in a wider range of routes to
qualification than exist at present, which may be more, or less, attractive to potential lawyers from the
Caribbean who have the resources to train abroad.
Recommendations 8-9
8. The direct entry route for admission to the LL.B. programme should be retained.
9. The issue of admission to practice outside the Treaty arrangements is essentially a

political decision and is in the main due to the restrictions which the Treaty places on
admission to practice law within the region. In Recommendation XXX It is being argued
55
that the admission restriction has outlived its relevance given that it was in part
intended to ensure that persons attended the UWI’s Faculty of Law and thereafter the
CLE’s Law Schools. Today, the issue is one of demand for admission far outstripping
places. The Council’s shift from law school operator and manager to regional
accreditation entity and licensor of law schools recommended further in this Report,
would address this issue by placing the focus on quality of the qualification as opposed
to whether it was attained regionally or extra-regionally, an approach which is
consistent with the globalised environment in which today’s attorney-at-law practices.
3.3.4 Should the LLB be a postgraduate qualification as in North America?
The model in the USA is derived from the impetus, in the 19th century, towards a more
“scientific” approach to the discipline of law – by contrast with the “handicraft” approach of learning in
the workplace and professional practice.40 The JD became the sole route to qualification in the USA
in the 1960s, although there is now a small movement towards apprenticeship routes that require only
part, at best, of the JD.41 The JD label has been used, in Canada, to rename an LLB taken as a second
first degree, and, as in Australia and Hong Kong, to differentiate between degrees that are graduate-
entry and those whose entry is from school, and there is some evidence of its adoption for reasons of
ease of reciprocal recognition,42 or as a manifestation of US “colonisation”.43 Some Asian nations,
possibly also as a result of US influence, are moving towards a JD model.44
This question in the TOR can be best understood by exploring what the advantages of a first
degree in law that is postgraduate in time might be. The direct entry route into the Caribbean LLBs is
postgraduate in time. Where law is first studied as a second degree, the law degree need not be
postgraduate in level of complexity or assessment.45 Direct entry LLB students are not expected to
perform at, say, masters’ level and few, if any, jurisdictions genuinely treat a JD as equivalent to a
PhD.46
The evaluation below, therefore, is of making law a second degree, rather than insisting that it
is studied and assessed at masters or doctoral level.
Maintain the status quo Known quantity Possible perception that the qualification is
of a lower standard than that of
The existing system demonstrably produces jurisdictions where law is studied as a
competent lawyers second degree
In some jurisdictions many LLB students in Ease of access to the undergraduate LLB
fact already have a first degree in another does not appropriately filter out those
subject who should not become lawyers
If multidisciplinarity is the object, the West Maturity and multidisciplinarity are

Indian system already mandates a degree of useful in legal practice and would be
breadth of study in the LLB enhanced by moving to a second degree
56
model
Achieve multidisciplinarity by other Reinforces the commitment to Australian model double degrees 47 are longer
means (e.g. joint or double degrees, a multidisciplinarity of the Treaty without than the existing LLB, requiring additional
four year degree) substantial disruption (e.g. topics in resources and cost
economics, business, psychology, etc. can be
sourced from existing expertise in other Joint degrees have not found favour in the
faculties)
Caribbean, even when they are available
and acceptable for qualification elsewhere
Use a JD as an alternative degree, This approach is established in countries such If the label “JD” has enhanced status, creates
available to graduates as Australia and Hong Kong a differential between students who can
afford to take two degrees and those who
Maturity and multidisciplinarity are useful in cannot
legal practice and would be enhanced by
moving a second degree model
Mandate a JD for all applicants, retaining The JD plus vocational course and/or pupillage Extends length of tertiary education
the LEC is used in Australia, Canada and Hong Kong overall, with additional cost to the student
Maturity and multidisciplinarity are useful in
legal practice and would be enhanced by Unless LLBs are also available, provision
moving to a second degree model for those who wish to study law but who
do not wish to practise is lost
The combination of substantive law and The combination of substantive law and
practice skills in a three year course enables practice skills in a three year course gives
elements to be emphasised from the outset insufficient practice emphasis to the grounding
in law
Mandate a JD for all applicants, The JD + bar examination model is established There is a distinction between using the
abandoning the LEC in the USA first degree to achieve maturity and
breadth generally (in which case it could be
Maturity and multidisciplinarity are useful in in any subject and students may default to
legal practice a n d would be enhanced subjects seen as “easy”), and mandating
by that first degrees should be in identified
moving to a second degree model “pre-law” subjects such as logic, psychology,
or economics which must also be addressed.
The JD could more effectively blend academic
and vocational subjects and would be Shortens overall length of legal education
attractive to those who have a real from 5 years to 3 but extends length of
commitment to legal practice tertiary education overall, with additional cost
to the student
d
However, the U.S. JD is supplemented by a bar
examination representing at least in part the
competences of practice and a U.S. JD need
not “teach to” the bar examination. Would
moving to a JD model also involve establishing
a bar examination?
Unless LLBs are also available, provision for

those who wish to study law but who do not
wish to practise is lost
Figure 4 Advantages and disadvantages of a second degree model
Although some of the survey respondents were in favour of treating law as a second degree,
citing advantages as an additional filter for numbers, in maturity of students and in promoting
multidisciplinarity, the Consultants did not detect a wholesale preference, with others confident that
students with the undergraduate LLB performed effectively, and concerned about the additional
costs of a two degree model. This is supported by the results of the Boyce survey where
respondents were “only slightly more likely to support the view that law should be treated as a
postgraduate programme (45%) as not (40%)”.48
57
Recommendation 10
10. Although many of the participants recognized that there is value in requiring applicants
to the LL.B. programme to have a first degree as an admission requirement, the
consensus was that it is not a viable option financially. The desire for multidisciplinarity
in Caribbean legal education could be achieved by identifying useful non-legal subjects
(e.g. economics, psychology, etc. which could be introduced as options in the Year 3
LL.B. programme, or by offering a four year joint or double degree in addition to the
existing three year LL.B. It should also be noted that the current three year UWI LL.B.
allows students to take up to two Level III, non-Law courses. These non-Law courses
allow a student to further reinforce an area of legal study with related courses in a
different discipline.
3.4.1 Current System of admission to the law schools
The Consultants were asked to consider:

 whether there should be automatic entry to law schools for all UW I LL.B. graduates;
 the position of UG and UTech LL.B. graduates;
 the proliferation of intra/extra regional training opportunities;
 the future of the entrance examination.
Article 3 of the Treaty sets out the qualifications for admission to the CLE’s training
programme and provides that every person who holds a UWI LLB degree shall be eligible for admission
to the Council’s law schools and that every person who holds a degree of a university or other
institution which is recognised by the Council as being equivalent to the UWI LLB degree, subject to the
availability of places and such conditions (if any) that the Council may require, shall also be eligible for
such admission.
Article 5 provides in effect that subject to limited exceptions, no person is to be admitted to
practice in a signatory jurisdiction who does not hold an LEC awarded by the Council.
3.4.2 The University of Guyana and the Bahamas Protocol Exceptions
Consequent on the provisions of the Collaborative Legal Education Agreement first entered into
in 1998, a quota of 25 graduates of the Department of Law, University of Guyana (UG) , although not
the holders of a UWI LLB degree, are granted automatic entry to the Hugh Wooding Law School
(HWLS) until such time as the quota arrangements are revisited by the heads of government. The
agreement which has a life span of 3 years was renewed in September 2016.
58
In the case of the Bahamas, pursuant to the Protocol to the Treaty, persons may be admitted to
practice law in the Bahamas who hold qualifications other than the LEC awarded by the Council. The
Protocol was to have been reviewed within five years, but the arrangements remain in place.
3.4.3 The Imperatives Informing the Articles 3 and 5 Treaty Provisions
One of the main objectives of the Article 3 and 5 provisions was to ensure enrolment by
qualified nationals at these fledgling indigenous legal education institutions in respect of which there
would be entrenched biases in favour of continuing to pursue a legal education in England. As such,
enrolment in the regional legal education programme in sufficient numbers was imperative for its
success. While the pull factors of the substantial lowering in the cost of legal education as well as the
difficulty in obtaining a clerkship in a reputable law firm were sufficiently attractive for some, there still
remained entrenched prejudices, which favoured pursuing the study of law in England, prohibitive
costs notwithstanding.
It was therefore against this post-colonial backdrop, that the Articles 3 and 5 provisions of
enrolment in the regional legal system as a pre-requisite to practising law in the region for signatory
jurisdictions was crafted without which mandatory provision, it is submitted, the success of the fledgling
institutions could not be guaranteed.
The Articles 3 and 5 objective of ensuring enrolment in the UWI faculties of law and the
Council’s training programme has undoubtedly been realized. It is ironic that the said Articles have now
become the main cause of an unsatisfied demand for access to practise law.
For several years, holders of non-UWI-equivalent LLB degrees were admitted to the respective
Council’s law schools with relative ease as such persons seeking admission were few in number.
However commencing in the 1990s, the demand for admission to the Council’s law schools in Jamaica
and Trinidad from non-UWI LLB graduates began to increase to the extent that to date, on an annual
basis, hundreds of non-UWI LLB degree graduates are unable to obtain admission to the Council’s law
schools. In the Barnett Report published in 1996, the Review Committee foresaw, based on the
already increasing demand for admission to the law schools by non-UWI LLB degree graduates, that
“the probability is that the number of non-UWI graduates who seek admission to the Law Schools will
continue to increase in the foreseeable future”. 49
3.4.4 Factors further impacting access to the CLE law schools by non-UWI LLB graduates
What they would not have foreseen was the proliferation of the non-UWI LLB degree since
2009, which has had a significant impact on the unsatisfied demand for admission to the Council’s law
59
schools. In the case of Trinidad and Tobago, several private tertiary institutions offer the external
University of London LLB degree with the enrolment numbers continuing to be high, in large part,
because the tuition costs are met by the government‘s GATE programme.
In the case of Jamaica, there has also been a substantial increase in the number of non-UWI LLB
degree graduates, mainly as a result of the establishment in September 2008 of a Faculty of Law at the
University of Technology (Utech). The Utech Law Faculty provides a full time (three years) and part time
(four years) LLB degree programme focusing on the laws and legal systems of Jamaica and Caribbean
50
Community (CARICOM). The programme is fully funded by the student subject to financial aid
assistance in some cases.
The establishment of full-fledged faculties of law at Mona Campus, Jamaica and St Augustine
Campus, Trinidad respectively, with the first cohorts graduating at the Mona Campus in 2012, and from
St. Augustine in 2014 has also had an adverse impact on the likelihood of non-UWI LLB graduates
gaining admission to the Hugh Wooding Law School (HWLS), Trinidad and the Norman Manley Law
School (NMLS), Jamaica. Prior to 2012, the Faculty of Law, Cave Hill was the sole UWI LLB degree
provider. However as a result of the opening of the other two full-fledged faculties of law, the student
numbers graduating from each of these faculties average 200 per year, whereas when there was only
one faculty of law, the total number of UWI LLB degree graduates, irrespective of jurisdiction, stood at
approximately 280. In addition, although Jamaica and Trinidad and Tobago have full fledged faculties
of law, students from Jamaica and Trinidad and Tobago are also enrolled at the Faculty of Law in
Barbados, making it virtually impossible for non-UWI LLB graduates to gain entry to the Council’s law
schools located in Jamaica and Trinidad.
For instance, the number of students from Trinidad enrolled at the Faculty of Law, Cave Hill
remained fairly constant pre and post the establishment of a full Faculty of Law at St Augustine. In
2010/2011 the total number of Trinidad and Tobago students enrolled at the Cave Hill Faculty of Law
was 127; in 2013/2014, 121 and in 2014/2015, 140, while the number of students accepted at the
Faculty of Law, St Augustine in 2013/2014 was 155 out of 465 applicants and in 2014/2015, 198 out of
558 applicants.51 With the exponential increase in UWI LLB degree graduates from Trinidad and Tobago,
the number of non-UWI LLB degree graduates admitted to the HWLS has been reduced to almost nil as
is apparent from the intake of non-UWI LLB degree graduates admitted in the last academic year. Of the
200 persons who sat the entrance exam, only 6 were admitted.52 In the case of Jamaica, the Dean of the
Faculty of Law advised in the Survey interview that approximately 200 students graduate each year. Of
the 400 non-UWI LLB graduates, mainly Utech law graduates, who sat the entrance exam for admission
to the NMLS, approximately 25 of the applicants were admitted.
With regard to the UG law graduates, allocation of the 25 places reserved for them pursuant to
60
the provisions of the 1998 Collaborative Legal Education Agreement, is merit- based and it is be noted
that of the 25 UG graduates admitted, some are not Guyanese nationals as the quota arrangement does
not specify that the graduates must be Guyanese nationals, but are nationals of other CARICOM
countries. The LLB degree graduates from the UG average between 60 to 70 annually but it is submitted
that the numbers would be much greater were it not for the strictly enforced 25 UG student quota
admission policy.53
The current position by virtue of the Treaty and adjustments to it, is that UWI LL.B. graduates,
whatever the class of their award, have a guaranteed place at a law school, subject, as relevant, to
being able to pay the fees. The top 25 Guyanese UG graduates who wish to do so, likewise, have
guaranteed places. Graduates of other law faculties in the Commonwealth Caribbean, non-Guyanese
graduates of UG and those with foreign LLBs are subject to different filters if they seek entry to a
law school without having previously qualified in another jurisdiction.54 Those filters are:
 whether their LLB is “equivalent” to the UWI LLBs;
 success in the CLE’s law school entrance examination, which (re)tests 55 graduates in the
core subjects of Contract; Tort; Property; Equity; and Criminal Law with a mark of at
least 50% in each subject;
 obtaining one of the places available after UWI LLB holders and the Guyanese UG cohort
have been accommodated;
 as relevant, being able to pay the economic costs and tuition fees.
As far as the CLE and the law schools are concerned, the quality assurance and outcomes of
the UWI LLBs are taken as read. Quality assurance of other LLBs is achieved:
 in the case of foreign qualified lawyers, by a decision on the equivalence of the LL.B. degree,
through the 6 month course, the Bahamian protocol and local bar admission procedures
which were provided form in the Treaty;
 in the case of graduates of non-UWI local or foreign LL.Bs, by retesting graduates in the five
core subjects (the entrance exam). The level of this assessment is said to be “fairly basic”,
although the pass rate is said to be low possibly because there are no compensation
arrangements for low marks in individual subjects.
With regard to the Treaty provisions, the Consultants were told of a number of routes to
practice in the region which formally or informally bypassed the Treaty institutions. For instance, while
61
the Bahamian protocol is a formal process, examples of others being admitted to practice under local
discretions or on a de facto basis without completing the 6-month course, for example, in St. Lucia.
Also, BPTC graduates from England and Wales were admitted to practice in Belize on the basis of a six
or twelve month pupillage; Trinidad and Tobago maintains a statutory route for both BPTC and LPC
graduates. The “breach” by Trinidad and Tobago has been commented on in reports. These approaches
are not only contrary to the Treaty, but present a number of practical challenges. For instance, some of
the Caribbean arrangements permit persons who would not be entitled to practice at all, or
unsupervised, to do so in the Caribbean.56
The requirement for non-UWI LL.B. holders to compete for placement in the law school to
which the applicant would be zoned was introduced as a result of a recommendation in the Barnett
report (1996) designed to address the pressure placed on the Dean of the UWI law faculty in evaluating
the equivalence of a huge range of law degrees proffered by law school applicants. The entrance
examination was said to be “an objective and credible system” in which “the UWI degree holder would
continue to enjoy preferential status” and the non-UWI LL.B. degree holders which degrees are deemed
to meet the UWI LL.B. equivalency would be required to sit an entrance examination and offered places
at the relevant law school” on the basis of the order of their placing in that examination and the
availability of places.57
The rationale, that the logistics are such that it is more viable to administer an examination to
students than it is to evaluate a wide range of different qualifications from a number of different
countries, has also been adopted in Ireland. That said, the Barnett report recommendation, including a
statement that “the UWI law degree should continue to enjoy a preferential status” was made at a time
when the only available Caribbean law degrees were those awarded by UWI. 58 Given the autonomy of
the College of the Bahamas and UTech, the partial autonomy of UG and the fact that there is no longer
a single “UWI law degree”, but three, the position has become considerably more complex. This
complexity is enhanced from an equality perspective by the variety in funding arrangements across the
region, resulting in less well-off students going to the non-UWI institutions for financial reasons.59 It is
also complicated by the availability of foreign degrees and other qualifications, often available online
and with considerable potential for expansion, filling gaps in local provision.
Other L.LBs in the Commonwealth Caribbean, such as the UTech LL.B. in Jamaica may have
developed from something close to the UWI model, and inevitably have staff who were educated at
UWI and who may have taught there. Faculties offering local non-UWI LL.Bs were considerably
aggrieved by the difference in treatment. Should UWI increase its intake, establish a new campus in
Antigua and Barbuda, or enter into other franchise agreements, this would place pressure on the law
schools, possibly even to the extent that the law schools could not accommodate all UWI students.
62
According to the Consultants, the arguments on both sides can be broadly stated as being about
“quality” and “equality”, although there is in one version of the quality argument, an overlap between
them. The quality school of thought in its purest form is based on the idea that there is something
qualitatively different about the UWI degree in content, rigour of workload, assessment and outcome.60
It is clearly the most mature of the locally developed LLBs and so is a known quantity, with a clear
mandate enshrined in the Treaty and a deliberate role as a “melting pot” for integration within the
Commonwealth Caribbean. It is said that its matriculation requirements are more stringent than those
of other law faculties, the implication being that students are likely therefore to perform better. A
factor mentioned by one practitioner who had studied outside the jurisdiction was the network
possessed by UWI graduates, and others clearly appreciated their ability to refer work between
jurisdictions to colleagues with whom they had longstanding relationships. Others, however, indicated
that this effect was reducing with the increase in numbers generally, the ability to study the whole LLB
at Mona or St Augustine, and the shift system in use at Norman Manley Law School.
It was also suggested that conceptually, the UWI LLB is an exempting degree, designed on the
basis that all its students intend to practise and as preparation for the necessary second stage
represented by the law school, and that this is reflected in the expectations of students, possibly in the
level of economic costs and tuition fees payable when compared with, say UTech, and in its relationship
with the LEC as the final stage. Other LLBs, it is suggested, are not so closely aligned to practice in this
way. The UWI two stage model can be described, following this argument, as following the logic of the
original Treaty settlement, a logic which should not be disturbed by making progression from the UWI
LLB conditional in any way or depriving any category of future UWI students of the right to proceed to
law school. As governments in the Commonwealth Caribbean have sanctioned new law faculties, the
argument follows that it is then for those authorities to find a way to allow other law faculties in the
Commonwealth Caribbean to adopt the five year model by, for example, increasing the number of law
school places. To this extent the quality argument begins to overlap with the equality argument.
The equality camp, however, might argue that, as they are currently unable to guarantee their
students a place at law school, they cannot afford to make their LLB courses so focused on practice. It
was said that the newer Commonwealth Caribbean institutions, UTech in Jamaica and the College of the
Bahamas, also make strong contributions to the development of the Commonwealth Caribbean and are
therefore entitled to a level of recognition at least equivalent to that of UWI. Academics from these two
institutions certainly suggest that, in their view, the quality and rigour of their courses are at least
equivalent to and in some cases, they argue, consciously more rigorous than, the UWI courses. They
argue that it is not appropriate that a student with a weak UWI LLB result should take precedence over
a student with a strong LLB from their institutions (or, possibly, from any other degree judged to be
63
equivalent) and that the existing system is “outmoded, outdated” and in some jurisdictions possibly
unconstitutional.61 The entrance examination retests their students on core topics they have already
taken as part of their LLB, and involves them in additional expense in examination fees and preparatory
courses. One practitioner respondent, however, felt that, at least for the time being, the status quo
should be retained as a test of commitment to entry to the legal profession for those outside the UWI
sphere.
The Consultants stated that in the absence of longitudinal data, or, by definition, data about
how UWI students would perform if they were required to take the entrance examination, it is very
difficult to address the quality question empirically. One member of the judiciary commented than she
was not able to detect any appreciable differences in performance in those who appeared before her,
although the majority were, by definition, UWI graduates.
With regard to students taking the entrance examination, they were informed that the fees for
62
the examination and for any coaching received by students can be substantial (but they suspected
that, even so, it was less than the differential between the tuition fees at the different universities).
They heard of students reporting strategic decisions about university application based on avoiding the
entrance examination, and reports of applicants taking the examination numerous times. In their view
the content and level of the entrance examination is also problematic. It is a knowledge-based test of a
number of LLB core topics and, consequently, is retrospective, rather than envisaged as a form of
aptitude test for the more applied world of law school and professional practice.
They suggested that if the level of the examination is intended to act as a benchmark against
the UWI LLB (or any of them), one might expect that the CLE would reuse UWI papers and assess topics
at the level in which they appear in the UWI LLB. So, for example, if topic X is assessed in the first year
of the UWI LLB, then the entrance exam would also assess the same topic at first year level. The pass
mark and regulations for compensation between a high mark in one paper and a low mark in another
would reflect the equivalent UWI regulations. The Consultants could not say that this is not the case,
but were not sure that it is.
There is some logic in using the examination to ensure that graduates of foreign LLBs have
the requisite knowledge of the law of the region. For graduates of the non-UWI law faculties, however,
the examination represents a re-examination of topics in which they have already been assessed.
The examination does not attempt to assess aptitude for law school or legal practice for example, by
way of an oral presentation that could be used as an indicator of likely ability in advocacy. Given the
number of those attempting the examination, it may not currently be feasible to administer an oral
test even if it is thought desirable to do so.
The Consultants queried whether entrance examination candidates, having been assessed more
64
recently on the core topics, show enhanced currency in their legal knowledge once they reach law
school. They did not think it appropriate to treat foreign LLB graduates (often from part time courses,
whose students may struggle to perform as well as their full time colleagues) in the same way as
regional LLB graduates.
They stated that they understood the pass rate on the entrance examination is very low. Some
respondents argue that this is a device intended to prevent non-UWI applicants from obtaining places.
However, they were also been told that on at least one occasion, one of the law schools had surplus
places, even after the UWI/UG graduates and the successful entrance examinees had been
accommodated. They did not have data differentiating between the performance of LLB graduates from
the region and those with foreign LLBs, or between full time and part-time students, but noted that
differentiation between UWI and local non-UWI graduates may be perpetuated at law school, with non-
UWI/UG graduates required to take courses in constitutional law and law and legal systems of the
Caribbean at law school, whether or not they covered these as part of their LLB.
The Consultants summarised the advantages and disadvantages of the current position, and
offered alternatives as follows:
 maintain the status quo63
 admit (at least for a proportion of the places) on class of degree;64
 administer the entrance examination or an aptitude test to all applicants;
 centralize assessments of core courses across all regional LL.Bs;
 quality assure LL.Bs by other means;
 open more law schools (under the aegis of the CLE;65
 open domestic law schools in those countries which have large numbers;
 permit/facilitate by passes of the system by allowing foreign law schools to open in the region;
 permit/facilitate by passes of the system by allowing apprenticeship routes as an alternative to
law school.
The Consultants considered maintaining the status quo the least acceptable option, but made
no recommendation as to which they considered the best. Some persons to whom copies of the Draft
Report on the Survey of Legal Education in CARICOM Member States were sent were of the view that as
the current demand for admission to the Council’s law schools clearly demonstrates, the admission-by-
examination policy for non-UWI LLB holders has proven, with the passage of time, to be wholly
inadequate and maintenance of the status quo is therefore unsustainable.
In its comments, the Association of Caribbean Students for Equal Access to the Legal Profession
(ACSEAL) took issue with the recurring assertion throughout the Draft Report that LL.Bs conferred by
65
institutions outside the region are qualitatively different from LL.Bs conferred by regional institutions
which culminated in the recommendation that “any future framework for Caribbean legal education
should acknowledge that the degrees offered by UG, UTech, the College of the Bahamas and possibly
new entrants are qualitatively different from Foreign LL.Bs, as they by definition, are like the UWI LL.Bs
degrees in Caribbean Law.” 66
ACSEAL’s view is that while the recommendation bears a degree of merit, on closer examination
it may also give the impression that Caribbean Jurisprudence is esoterically set apart from known
principles of the common law and that an LL.B graduate from, say, the University of London
International Programmes will not have the same or similar grounding in legal understanding necessary
to successfully complete the LEC and/or to practice law in the Caribbean as the LL.B graduate from, say,
the University of Guyana. In ACSEAL’s view, the assertion would be untenable, given the following
realities:
(1) the CLE has already deemed the University of London LL.B. and similar “foreign” LL.Bs from
prominent common law jurisdictions to be substantively equivalent to the UWI LL.B;
(2) the existing requirement for “foreign” LL.B. graduates to complete the two transition
courses of Constitutional Law and Law and Legal Systems upon admission to the law schools
“which were designed to familiarise them with the West Indian System of Law” is a more
reasonable approach to directly address any qualitative differences and concerns similar to
those alluded to in the Draft Report”;
(3) the fact that, for more than forty years, a multitude of “Foreign” LL.B. graduates have and
continue to successfully undertake the LEC course of study and go on to practice in the
Region without complaint is proof positive that graduates with “Foreign” L.Bs can function
at intellectual and professional parity with any UWI (or regional) LL.B. graduate. ”67
One of the alternative positions identified by the Consultants is that admission to the law
schools could be based on class of degree. This has been interpreted as meaning that persons with the
GPA equivalent to a 1st class, upper or second class honours degree could be exempted from sitting
the CLE admission examination and that all other UWI and non-UWI LLB degree graduates could be
required to sit that examination. This position was criticised on several grounds.
It was said that there are substantial challenges or constraints to implementing this
recommendation, principally because the Treaty by which provisions the signatory countries are bound,
66
clearly envisaged that the indigenous legal education system would comprise two interdependent
stages- the first, academic at the Faculty of Law, UWI and the second, professional training at the
Council’s law schools. Quite apart from the legal constraints on implementing this recommendation, it
was said that the proposal was effectively a stop gap measure which would not address the central
issue of access to practise law in the region in that it would not contribute to an increase in the number
of persons admitted to the Council’s law schools and ultimately to the critical issue of access to practise
law in the region. Instead, without addressing the demand for access, it would merely exchange or
create one set of perceived inequities for another, particularly from the perspective of those persons
denied entry who hold UWI LLB degrees.68
Further, the recommendation would operate in effect as a delaying mechanism which it was in
the first instance, and which stop gap response had been further exacerbated by the increase in the
number of UWI LLB degree holders with the establishment of two additional UWI faculties of law. For
these reasons, it was submitted that the recommendation that only holders of degrees above a Pass
Degree be exempt from the Entrance Examination is not a viable solution for dealing with the central
issue of unsatisfied demand for admission to the region’s law schools and as a consequence thereof,
access to practise law within the region. The other recommendations were not given as much attention
by persons who read the Report.
Consultant Profession Jane Ching attended a meeting of the CARICOM LAC held on May 16,
2017 at which the Report was discussed. In response to comments made at that meeting, and to
information in the press about the establishment of a fourth law school in Guyana, on May 14, the
Consultants submitted a supplementary report in which they stated as follows –
“One of the possibilities that we explored has, it appears, started to come to pass. The
development of the fourth law school complicates our views on this issue, particularly in the
light of press comments to the effect that “Graduates of the Bachelor of Law Programme at the
UCC/LCA Law Faculty, as well as graduates from other law faculties across the Caribbean, will be
given priority admission.69 As far as we have been able to establish, UCC offers the University of
London LL.B. whose graduates, at present, are obliged to compete for entrance to the law
schools through the entrance examination. We do not know whether the capacity of the new
law school will be such as to allow all those Caribbean LL.B. graduates who wish, and can afford,
to go to law school to do so. If it does, because other than in the Bahamas, there is no other
filter before an individual is entitled to practice, it will increase the overall number of qualified
lawyers in the region, a question we explored elsewhere in our final report.
If the fourth law school has not resolved the issue, then we think that there is a distinct risk that
individuals, governments or institutions will seek bypasses to the existing system by, for
67
example, creating law schools that are accredited for domestic practice only, or by using foreign
qualification mechanisms to gain access to the 6-month course, which is not filtered in this way.
Recent developments in England and Wales, for example, leading to greater flexibility in how
the BPTC of England and Wales can be delivered, might make this attractive to some individuals
and non-UWI/UG Caribbean institutions.70
The Consultants then submitted a revised ranking of options, from the least preferable to the
most preferable, with an assessment of the implementation cost. In this revision, the status quo was
listed as the lease preferable and the most preferable was the opening of more law schools (under
the aegis of the CLE). The revised submission is given as Figure 10 under section 3.11.1 where the
recommendation for the CLE to become an accreditation body is discussed.
The Consultants’ recommendation that the opening of more law schools under the aegis of the
CLE is the best option has been criticized on the following grounds:
(1) this would be a further burden on governments who are unable to support the existing
law schools financially and it would probably not solve the problem of providing access
to all those who want to study law;
(2) opening other law schools under the aegis of a cash-strapped CLE would be tantamount
to postponing the decision which is the best, in the present circumstances, which is,
that the CLE should become an accreditation body. It would not set admission
requirements for the law schools: the law schools would do so, with the minimum
requirement continuing to be the LL.B. The law schools might still get top graduates
from UWI, but would not be forced to take all. With regard to students who obtain
LL.Bs outside the region, once admitted to the law schools, they should be required to
take additional courses such as Commonwealth Caribbean Legal Systems and
Constitutional Law. The law schools could develop expertise in these areas and could
charge more for these extra courses. In the view of the proponents of the CLE as an
accreditation body, the existing law schools already have a good reputation, and
chances are that students would still prefer them.
A fuller discussion of the CLE as an accreditation body will take place in section 3.11 of this
Report.
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Recommendations 11-13
11. Any future framework for Caribbean legal education should acknowledge that the
degrees offered by UG, UTECH the University of the Bahamas and possible new
entrants are, by definition, like the UWI LL.Bs, degrees in Caribbean law and their
students should have automatic right of entry to the law schools.
12. The opening of additional law schools under the aegis of the CLE as presently
constituted and with its present mandate will not solve the problem of access if large
numbers continue to graduate from the UWI faculties of law with right of automatic
entry and little space is left for non-UWI LL.B. holders. The recommendation, to be
presented in full later on in this report, is that the CLE shifts from law school operator
and manager to regional accreditation entity and licensor of law schools, existing or
to come, a position in which it will be required to focus on quality of qualifications as
opposed to whether they are attained regionally or extra-regionally, an approach
which is consistent with the globalized environment in which today’s legal
practitioner operates. However, the opening of additional law schools under the CLE
may be a stop gap measure while the role of the CLE is reexamined and changed.
13. There is no need for devising an additional assessment for admission to the law
schools by LL.B. degree holders at this time. If the CLE becomes an accreditation body,
evaluating qualifications of local and foreign LL.B. holders, it would adopt such
measures as it thinks fair and are likely to be designed to control quality.
3.5.1 Examination of the existing curricula of the UWI, UG and the law schools, to
determine relevance to the economic development of the region
3.5.1.1 The law faculties
In the 1980 Report of the Consultants Appointed to Assist the Joint Committee on Legal
Education, the role of the academic stage of legal education was stated as being:
“to provide the student with a basic knowledge of the substantive law, a sound grasp of legal
principles, the techniques for discovering for himself the law on any subject he might be called
upon to deal with in his practice, and the development of his capacity to separate relevant from
69
irrelevant facts and to apply the relevant law to the facts so found. And all students in the
academic part of the programme, whether they intended to become legal practitioners or to
follow some other career, should be equipped with a knowledge of the environment – historical,
social and economic – within which the law operates.” 71
The report also contained a substantial review of the curricula of both the then sole Faculty of
Law and the law schools and many of its recommendations were adopted. 72 With regard to the current
situation, the three Faculties of Law agreed before the split to a common core curriculum (Years 1 and
2) which should only be changed through consensus. Therefore, they diverge in methods and points of
assessment and in the Year 3 elective subjects.73
The University of Guyana works closely with the Faculty of Law at Cave Hill, Barbados for quality
assurance purposes, with vetting of exam questions, second marking and external exam assessment
also taking place there. The Consultants mapped the published curricula of the UWI Faculties of Law,
the UG, UTech, the University of the Bahamas and the University of London International degree which
is taken by several persons from across the region (see Appendix 4) and noted that the vast majority of
the “non-traditional” areas of law identified by survey participants as being significant to the region
such as Environmental Law, Human Rights Law, Intellectual Property, International Trade, Maritime and
Oil and Gas Law are already being taught as part of the Year 3 LL.B. programmes at UWI, and a smaller
number of these courses at UG, The Faculty of Law, University of the Bahamas and UTech. Also notable
is the fact that at the UWI and UG campuses, law students may take up to two non-law courses as Year
3 options, thus providing them with opportunities for a multidisciplinary approach to legal issues.
The U W I law faculties, several of which have an international faculty, are also in a strong
position to deliver LL.M courses with a more international, comparative or global focus. This
specialisation is more welcome by respondents in some of the larger countries.
The Consultants were informed of initiatives to allow students to participate in optional courses
offered by other UWI campuses on an ad hoc basis. (Certainly, such initiatives were being taken at the
Cave Hill Campus from about 2008, if not earlier). They noted also that the ability of the local law
faculties to deliver courses in non-traditional areas of law and the law of smaller jurisdictions depended
on staffing and library resources and recommended that law faculties can and should continually
review the currency of their offering, not only to reflect areas that governments have identified as
priorities, but also to proactively identify areas that should be priorities for the region.
They advised that given the geographical location of the law faculties in the Bahamas, Barbados,
Guyana, Jamaica and Trinidad and Tobago, care should also be taken to ensure that the laws of the
smaller jurisdictions a r e represented in future curricula. The Consultants warned that there was a real
70
concern in the region that the three UWI campuses are becoming increasingly focused, both in culture
and in curriculum, on their host jurisdictions. No evidence of this was provided in the latest review of
the Faculty of Law at the Cave Hill Campus or in the more recent review of the Faculty of Law at the
Mona Campus. 74
Using a scoring approach where 10 represents no difference between the law faculties, the
Consultants stated that the differences were as follows:
Criteria Yes/No Score Comment

Same Entry No 6 The same for UWI campuses; similar for other programmes
Requirements
Same Curricula No 7 Mandatory in Year 1 and 2 but variation in Year 3
Same lecturers No 2 Limited attempts to share staff online (limited blended
learning not across all campuses at LLB level)
Same Exams No 0 Exams are set by each faculty -
Same markers No 0 Exams are marked by individual campuses
Same fees No 5 Set separately (see appendix 7.5)
Same University i.e. UWI Yes 10 All part of UWI
Automatic access to Law Yes 10 All have automatic entry to Law School
Schools
71
Figure 5: Comparing the UWI LLBs
As shown in Figure 5, the Consultants found that curricula at the UWI faculties of law were
almost the same. The reports on reviews of the Faculty of Law, Cave Hill Campus and the Mona Campus
prepared respectively in 2015 and 2016 provide information on curricular matters at the two campuses.
The first point made in the section of the Cave Hill Report of 2015 dealing with the LL.B. curriculum was
that it is designed to ensure that undergraduate students are exposed to the main elements of the law
applied in the various jurisdictions of the Commonwealth Caribbean.75 The Team went on to state that
one difficulty in teaching the laws of 18 jurisdictions may occur in subjects such as family law, company
law and criminal law where there are substantial differences between the statutory provisions
applicable in each jurisdiction, and where a comparative analysis may be called for, but noted that any
such difficulties posed by the comparative element may possibly be mitigated by the examination rubric
that unless otherwise stated, students may answer examination questions with reference to any one
Caribbean jurisdiction. On the other hand, in several core teaching areas, notably contract, tort, real
property and public international law, there is a common core of principles applicable to all
jurisdictions, so the comparative element is negligible and unlikely to impose any additional research
72
burdens on lecturers or students. 76
The Review Team also noted that the main features and aims of the curriculum had remained
relatively unchanged since the 2008 review, except for additions to the list of optional courses in Year 3.
In the words of the Team:
“The increase in the range of options is … a very positive development, especially as additional
full-time lectures with the expertise to develop these courses have been recently appointed.
Comparative Law, Caribbean Integration Law, CSME Competition Law, Oil and Gas Law and Law,
Technology and the Internet are particularly relevant and forward looking areas of research and
study which enhance the image of the University as an institution at the forefront of
77
commercial and industrial development in the region.”
In the 2016 Review of Mona Law, the Team stated that every constituency to whom they spoke
expressed enthusiasm for the curriculum, giving the sense that the Faculty’s coursework was structured
around a well-conceived curriculum. It recommended that the Faculty establish a Curriculum
Committee to take up some issues including (a) sequencing of and prerequisites for courses, for
example situating Company Law which should be the prerequisite for more advanced, specialized
offerings in business law and related areas such as Corporate Management in the semester after those
courses were offered, and the division of Family Law into two courses (Law of Children and Husband
and Wife with no guidance as to how they should be sequenced ; (b) gaps in the curriculum, for
example the Law of the Sea, which is crucial for an island-state whose economy trade on the nation’s
close proximity to the sea: a compulsory course on ethics; a course on Elements of U.S. Law) short term
courses which could be taught by faculty from law schools in the region or outside the UWI system or
by local practitioners and judges. This was seen as a possible low-cost way to supplement the
curriculum; consideration of open-book examinations consistent with University regulations and
protocols and the publication of a list of “Recommended Courses Outside the Faculty of Law” which
might held students to better navigate the many course which could enhance one’s understanding of
various legal regimes.78
The commentary above shows that the main differences between the curricula of the faculties
of law occur in relation to the optional Year 3 programmes and not the core subjects, most of which are
offered during Years 1 and 2. Also, where criticism was levelled, it was mainly with regard to the
sequencing, and not the courses themselves. Also, since all three UWI Law Faculties teach the same
Level 1 and 2 courses and all Level III courses are optional, any student can transfer between any two
UWI campuses throughout his or her degree programme.
Indeed, based on an examination of the course content and course materials of the respective
73
UWI faculties of law, a main objective of the founding fathers – that of establishing a system of
indigenous legal education – has been achieved. On that point, students are instructed in the laws of
their respective jurisdictions and provided with relevant jurisdiction-focused course material. Scholars
in the faculties have both published articles and text books on various areas of law, focusing on the
Commonwealth Caribbean. These include texts on Administrative Law, Contract, Family Law, Human
Rights, International Law, Land Law, Law and Legal Systems, Tort and other areas. The conclusion
therefore is that there are no major issues with regard to the curricula of the Faculties of Law.
14. Ensure that LL.B. third year options are reviewed from time to time to be in step with
the needs of the region.
15. Expand the use of blended learning in which experts in one faculty can deliver a
lecture simultaneously across all faculties.
16. Promote collaboration between the three UWI campuses, the UG, the University of
the Bahamas and UTech in curriculum design and development.
3.5.1.2 The law schools
The TORS of the Legal Education Survey did not include a review of all programmes offered by the
law schools in order to determine optimal methodology and relevance for the professional development
of the legal profession in the Caribbean. As far as the curricula of the law schools is concerned, the
Consultants were informed by a number of practitioners in the region that the law school courses
were insufficiently “applied”.79 The finding of the Consultants was that the c u r r i c u l a o f t h e law
schools are consciously aligned with each other,80 and contain a significant live client practice element
in the mandatory clinic components as well as the structured in-service training, the combination of
which occupies the space in some qualification frameworks by “articles” or “pupillage”. They concluded
that there appeared to be a substantial level of collaboration between the law schools although at the
level of detail, courses at different law schools might be differently focused (e.g. the content of the
Eugene Dupuch and Norman Manley drafting courses is different) and the Consultants were told of a
difference between schools in relation to assessment.
There is at present no scope in the law school curriculum for options, except where there are
clinics with different foci and to the extent that a student might experience in-service training in an area
in which that student wishes to qualify. With regard to the introduction of specialist streams or optional
74
subjects, this is seen as the function of the faculties of law and not the law schools.
There is no clear evidence of substantial collaboration between the law faculties and the law
schools which might, for example, justify the argument that the UWI LLB (or any of them) is more
closely aligned with the law school curriculum in what is in effect a five year “exempting degree”
format.81
The Consultants applied the same scoring approach to the law schools as they did to the UWI
LLBs. This produced a greater degree of consistency.
Criteria Yes/No Score Comment

Same Entry Yes 10 Similar except it is determined by location – UWI students have
Requirements automatic passage and 25 University of Guyana students have
automatic entry to Hugh Wooding. Everyone else writes the
entrance exam
Same Curricula No 7 More or less the same broad areas but customized by country
(see appendix 7.4)
Same lecturers No 2 Courses are taught independently – but there is some
awareness of other provision
Same Exams No 5 Exams are set by each school – but there is some collaboration
Same markers No 0 Exams are marked by individual law schools

Same fees No 5 Set separately depending on location (see appendix 7.5)
CLE Law School Yes 10 All part of CLE
Automatic access to Yes 10 All have automatic rights to practise in Member Countries
practice (except in the Bahamas, where pupillage must be completed)
Many Survey participants, especially those involved in the teaching programme at the
respective law schools, or the UWI faculties of law or who had graduated from one of the law schools or
faculties of law in recent times were satisfied that the current course offerings were relevant and
responsive to the changing environment; that the delivery of the programmes was satisfactory; that, in
the case of the law schools, significant progress had been made in addressing the practical components
of the LEC programme, including the focus on the mooting and trial advocacy course; that there had
been significant improvement in the clinical programmes and the court attendance programme.
75
Figure 6: Comparing the law schools
Recommendations 17 - 19
17. Since the function of the law schools is to prepare a general practitioner to be called
to the Bar, maintain currency of the law school curriculum with development of legal
practice in the region.
18. There is considerable consistency between the curricula of the three law schools.
These curricula are designed to produce general practitioners and litigators and do
not respond to emerging specialisations which are currently catered for in the Year 3
LL.B. and postgraduate programmes.
19. Continue collaboration between the Law schools, and consider whether there is scope
for cross school delivery (e.g., with students at one law school representing the
plaintiff and those at another representing the defendant, in the same simulated
litigation) to make best use of expertise and enhance practical experience.
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3.6 Law and practice of the smaller jurisdictions
The Consultants were informed that there is a significant challenge in addressing the law of
the smaller countries for both the law faculties and the law schools. If accurate, this would be contrary
to the Treaty which mandates coverage in the curricula of the law and practice of the smaller
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jurisdictions. One respondent has argued that, as with any other area of law, what is perhaps the
most important is not a detailed and expert knowledge of the law of the other countries, but an
awareness that it might be different from one’s own and should be researched. It may well be that
some library collections are not as comprehensive in their holdings of regional materials as they could
be, or that teaching staff need to spend more time researching the law of all the countries to which
their law school is zoned. The latter point is made because over the years the complaint of “neglect” of
the law of smaller jurisdictions has usually been in relation to insufficient knowledge by law school staff
of the practical aspects of Conveyancing and Probate. As far as availability of teaching materials is
concerned, for the reasons given below, the situation should not now be as dire as the Consultants
were led to believe:
 the latest revised laws and updating legislation of most countries are available online.
Where they are not, copies of these primary legal materials may be obtained from the
Government Printing Departments, from the OECS or CARICOM Secretariats, or from the
Faculty of Law Library at the Cave Hill Campus, which has the most efficient collection
network in the region;
 with regard to case law, CariLaw is a database of regional cases established and maintained
by the Faculty of Law Library at the Cave Hill Campus of UWI. For some countries, case
holdings date back to the early 1950s, but for most, the commencement dates are in the
early 1960s. During the last three years the holdings of cases on this database were
updated with financial assistance from IMPACT Justice, a Canadian Government funded-
project. Holdings are up to date to 2016, or 2017, and include cases from some tribunals,
the High Courts, Courts of Appeal, the CCJ and relevant cases from the Judicial Committee
of the Privy Council. Even if a case cannot be found on the database, this does not mean
that the Faculty of Law Library does not have a copy. It may be that the case just has not yet
been added to the database. In any event, the Faculty of Law Library can usually obtain
copies for the requesting library using its normal collection procedures.
 commencing November 2017 the CariLaw database will be of even more use for regional
research, as it will be managed jointly by the Faculty of Law Library and JUSTIS, the well-
known U.K. legal database provider and one of the important value added features will be
77
links to cases and legislation cited in CariLaw;
 in addition, most countries in the region now have the case law produced by their higher
courts online;
 with regard to textbooks, scholars, mainly at the UWI Faculties of Law have used CariLaw,
the West Indian Reports and case law and legislation published at the local levels to
produce textbooks in which the legislation of the smaller jurisdictions are included for
comparative and informational purposes. Over the past 20 years or so, a number of these
textbooks on topics such as Administrative Law, Business Law, Constitutional Law, Family
Law, Civil and Criminal Procedure, Intellectual Property, Public Law, Tort and Real Property
have been published.
The Consultants noted a number of developments that, if extended, would assist in creating the
balance needed:
 the funding of academics at Hugh Wooding to travel to liaise with practitioners into current
law and practice of the smaller jurisdictions. (It should be added that the faculties of law
and other law schools also provide research funds for staff to travel for research purposes.
It is possible that more tutors need to take advantage of this funding to increase their
knowledge of some aspects of the practice in smaller jurisdictions);
 St Lucian students having recourse to the St Lucia Civil Code ( the Civil Code and works on
it have always been available at the Law Library, Faculty of Law, Cave Hill Campus);
 the Barbados Bar Association making proactive overtures to Hugh Wooding to deliver
webinars in Barbadian law in conveyancing and probate, following student requests;
 improvement in the teaching of the Roman Dutch elements of Guyanese land law; 83
 the Belizean judiciary making efforts to attend Norman Manley Law School in an attempt to
provide Belizean students with the access to their own judiciary that their Jamaican peers
might be able to obtain more easily;
 the significant level of collaboration between law librarians in the region and the support
for CariLaw;
 the desire to use technology at CLPD level to enable practitioners from across the region to
learn from each other;
The Consultants noted that these efforts, while they are a clear recognition of the issue and
demonstrate a willingness to address it, appear at present to be ad hoc and reliant on the will of
institutions, individual practitioners and members of the judiciary and individual academics. In their
78
view, it seems entirely possible that economies of scale could result in better coverage, to the benefit
of all, by, for example:
 allowing creation of current teaching materials, available online, representing the law of
smaller jurisdictions, under the responsibility of designated practitioners or academics;84
 using webinars, simulcasts, and social media to allow practitioners, academics and
students to discuss the law of different jurisdictions with experts. 85
Recommendations 20-23:
20. If responses from Government Printing Offices to requests for legislation are tardy,
librarians of the faculties of law and the law schools should collaborate more to share,
or request materials on behalf of other libraries outside the jurisdiction. The Law
Library at
21. Law school tutors should use their study/travel grants to visit the smaller jurisdictions
for the purpose of researching the law and practice in areas where they may differ
from country to country;
22. Law school tutors should publish their findings for the guidance of students,
attorneys-at-law and other tutors;
23. The law schools could use webinars, simulcasts, and social media to allow
practitioners, academics and students to discuss the law and practice relating to
conveyancing, probate and any other areas of difficulty with experts in the various
jurisdictions
3.7.1 The extent to which technology is being used at the faculties of law and the law
schools for teaching and training
In 2016 IMPACT Justice commissioned a report on the use of technology in legal education in
the Caribbean region.86 The Consultant visited the UWIL Campuses, the three law schools, the UG and
UTech and he reported on the level and quality of information technology use and made
recommendations for ensuring a consistent quality and adherence to best practice. The headings under
which he reported were: Internet access and Wifi; administrative and teaching hardware and software;
web-based media for teaching and technology in curriculum.
The Consultant found that there was a wide disparity in the availability of technology in the
79
different institutions. At one end of the spectrum was UTECH, which has a particular focus on
technology, with a mandatory course on information technology in the first year curriculum. UG was
particularly challenged in this respect and, pragmatically, it appeared that sources outside the
university, such as Facebook and students’ personal email accounts were being harnessed to fill the
gap.
The disparity in equipment was coupled with variety in the comfort levels of individual
academics in use of technology (and technical support for those with lower levels of competence). He
reported on the following uses of technology:
 for research sources (Lexis, CariLaw, ebooks), which may, as at St Augustine, include
reference to the SCONUL standards for digital literacy for law students; 87
 to disseminate information and class materials (with some institutions having become
effectively “paperless” (e.g. Blackboard, moodle, lecture capture);
 as visual aids (e.g. Powerpoint);
 to communicate with students and to enable students to communicate with each other (e.g.
email, discussion boards);
 logistical arrangements for submission and plagiarism testing of assessments (e.g.
drop boxes and Turnitin);
 case management systems (in clinics and at law school);
 in online or blended learning courses such as the AsC in Paralegal Studies, LLM in Legislative
drafting and to a much lesser extent elsewhere (other than the third year online Oil & Gas
Law course at UWI Mona, the securities regulation and offshore law courses at UWI
Cave Hill, and in the London LLB);
 There was also an appetite for use of technology, by, for example, videoconferencing
or webcasting (e.g. Skype), to defray problems of geography in CPLD for practitioners.
These resources were largely used for communication and as a paperless means of accessing
or transmitting material that could be provided on paper. A further stage of use of technology might
assist with the pressure on the law schools, if electronic simulations could be used to represent
practice tasks, allowing students to work on them independently and in accordance with the law of
any nominated jurisdiction. This would require substantial upfront investment but might have the
effect of freeing up law school staff for other things, including evening and weekend classes,
delivery in different countries, more secure teaching of the law and practice of the smaller countries;
smaller classes and more opportunities for personal feedback.
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24. Support and if necessary solicit external funding for technology resources, particularly
at UG, and for the training of law teachers.
25. Consider increased use of electronic simulations, particularly at the law school level.
26. Encourage law schools, law faculties and bar associations to collaborate in
providing access to webcasts and other online resources to practitioners.
3.7.2 Is the technological infrastructure adequate, and is the requisite Technical support
available to support cross-campus offerings?
As described above, the technological infrastructure varied between institutions with UG

being particularly challenged. Clearly technical support could assist in creating cross-campus offerings,
although these could be developed without the use of technology and other factors, both logistical (e.g.
time differences, reliability of electricity supply) and conceptual (e.g. the willingness and ability of
academics from different campuses or institutions to work together) could facilitate or inhibit the
development of cross-campus or cross-institution offerings.
Of the institutions visited, the following have more than one campus or site:
 Eugene Dupuch Law School which is located in a number of different buildings, not
necessarily close to each other;
 UG (although law is not offered from the second campus);
 UTECH (with a campus in Kingston and another in Montego Bay);
 UWI (with campuses in Jamaica, Barbados and Trinidad as well as the Open Campus and
some responsibility for the UG LLB).
 The University of London international LLB available at a number of other providers in
Jamaica and Trinidad and Tobago, although quality assurance is carried out centrally in
London.
The Consultants (Ching, Cummins and Watson) noted that UWI, not only having its own
technological infrastructure, but also in principle access to Open Campus premises around the region,
could benefit substantially from cross-campus activity to strengthen its offering in specialist areas in
particular and face to face or otherwise. Technology can be used to, for example, videoconference by
academic staff and students situated in different countries, with the potential benefits of best use of
81
expertise; economies of scale by increasing the number of students able to access specialist courses;
the kind of cross-jurisdictional discussion envisaged by the Treaty and consistency of provision in
specialist areas across the three campuses. As with the ASc Paralegal Studies, and LLM in Legislative
Drafting, such courses need not be entirely online, but could employ blocks of face to face activity,
for which students might be more able to travel. Specialist courses delivered in this way, at
undergraduate and masters’ level could also, given the will, be delivered to practitioners as CPLD by
any of the local institutions. Practitioners could, then, pay to audit a robust and quality assured LLB
third year course to enhance their own practice.
They noted though, that such activity requires not merely infrastructure and, possibly,
technology, but also the active collaboration of academic and administrative staff across the three
UWI campuses and the three UWI LLBs. For instance, the Open Campus offers law courses, but
the expertise of the Faculty of Law is not necessarily sought to vet these courses. In the view
of the Consultants, UTech may be better placed to deliver synchronised teaching between its two
campuses and in a single LLB programme than is UWI at present, and the geographical separation
of the Eugene Dupuch buildings is a considerable impediment to its activities.
3.7.3 To what extent are courses developed and offered from one campus for the benefit of
all?
The Consultants were of the view that it is possible to characterise, in very general terms, the
approach of the law faculties as competitive, and the approach of the law schools as collaborative.
The law schools have a similar curriculum, and, although formal arrangements for discussion between
the schools in a “law teachers’ conference” have been reduced to periodic videoconferencing for
economic reasons, the Consultants were told of sharing of ideas, exam questions and noted that
teachers had a sense of what their opposite numbers were doing. With regard to the faculties of
law of UWI, there seemed to be less collaboration, with the most outstanding examples being
the sharing between Mona and St Augustine of Oil and Gas Law and EU courses. Law librarians,
at both faculty and law school, were actively collaborative not only across UWI campuses but with
other law librarians in the region, and were able to overcome problems of geography in so doing.
The Consultants provided a number of examples of cross-campus activity:
Cross-campus activity
UTech Uses technology to facilitate delivery of its LLB at both
Kingston and Montego Bay campuses, working towards
additional blended learning offerings in core topics.
82
UG Has a close relationship, akin to franchise, with UWI Cave
Hill, with assessment in particular being monitored and
quality assured by UWI and sharing of materials.
Nevertheless, UG appears to offer some third year
courses not offered by Cave Hill.
University of London Its LLB has a single curriculum, although it quality assures,
at various levels, other providers supporting students in
study in the Bahamas, Jamaica and Trinidad and Tobago.
Law Schools Offerings are not made across the different law schools,
which are zoned to deal with different groups of regional
laws. However, there is collaboration on assessment in
particular. Collaboration on content and delivery has
been impeded by economics frustrating the law teachers’
effectiveness conference
UWI/law schools The library catalogue is federated and students have access
to material from each campus. There may also be
reciprocal library usage rights between UWI libraries and
nearby law schools.
UWI Cave Hill Cave Hill’s website indicates that student exchange is
available with a list of partners, which includes the other
campuses.
Third year courses in offshore law and securities previously

taught online from Grenada and Trinidad respectively are
now taught face to face at Cave Hill.
UWI St Augustine and Mona Offer a combined third year course in Oil and Gas Law. Ad
hoc arrangements have occurred, for example, two St
Augustine students allowed to take a course in EU law at
another campus, lectures have been delivered from St
Augustine to Mona
UWI Open Campus Delivery of the Associate degree in Paralegal Studies on
an online/ blended learning basis.
UWI There is now a University LL.M. offered by all three UWI
Faculties jointly, both face-to-face and online. Any UWI
LL.M. student located anywhere in the region can take any
course.
Figure 7: Cross-campus/cross-institution offerings
3.7.4 What is the effect of cross-campus offerings on costs?
The Consultants noted that cross-campus and cross-institution offerings could have the
following effect on costs and other factors. Some of these, however, are dependent on the n ature
of the cross-campus or cross-institution offerings.
Collaboration across campuses and institutions may
assist in addressing the challenges posed by the need to
cover the law and practice of the smaller jurisdictions.
83
Cost of a specialist member of staff is spread across a Reliant on a single member of staff who may not be the
number of campuses/institutions so only one specialist is employee of the institution receiving their services.
employed in an area, rather than several, i.e. economies
of scope.
Reduced overall staffing costs or ability to employ staff to Increased marking load for that member of staff (although
cover a wider range of fields. might be balanced by allowing them to focus their
workload on their special topic
Efficiency in delivery, increasing the number of students If delivery is totally or partially online, reliant on availability
able to participate in the course, using, e.g. identical of technology to all students, and robustness of the
worksheets. resources, electricity supply, etc.
Consistency of standards across campuses/ Tends to homogenise and reduce the distinctiveness of
institutions: economies of scale mean that resources the economies of different campuses/institutions; could
are targeted on development of the best course result in lowest common denominator.
for multiple campuses rather than duplication of
effort.
If delivery is totally or partially online, reduced travel costs To the extent that delivery is not online, increased travel
for staff and students. costs for staff and students.
To the extent that delivery is not synchronous, allows staff To the extent that delivery is synchronous, need to deal
and students to combine delivery/study with other with time differences
commitments
Table 4: Cost benefit of cross-campus/cross-institution offerings
27. Promote cross-campus and where appropriate cross-institution offerings, as well as

making courses available to practitioners as CPLD.
28. Use technology to support education in the laws of the smaller countries and in the
access of practitioners in those countries to high quality CPLD.
3.7.5 To what extent does the use of technology prepare attorneys-at-law for utilising
technology in their work? Is there a link between use of technology at law schools and
technology used in the law courts of the region?
From practitioners and the judiciary, the Consultants heard of efforts to promote e-filing, case
management and court appearance by videoconference and telephone hearing.88 They also heard that
practitioners also needed to be able to carry out research using paper sources, as these might be all
that were available to them once they had entered the field. They heard of law schools using, for
example, electronic case management systems generally and in their clinics, although particularly in
the clinic this was not universal. This is an area where the law schools, courts and practitioners
should (continue to) liaise closely and possibly share resources and expertise.
Writers outside the Caribbean have devoted a considerable amount of time to the potential
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long term effect on lawyers and legal practice of developments in technology. This is not confined to
the questions of communication and ease of sharing information that have, so far, arisen in the
Caribbean. Outsourcing of work from British and North American law firms to “back office” lawyers in
89
India is a phenomenon facilitated by technology and it was occasionally suggested that the law
schools could offer outsourced services to law firms. The phenomenon of “robot lawyers”, analysing
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documents and carrying out research has already materialised. Providers of legal documents, and
some law firms, are increasingly offering “unbundled” services to the public, by way of limited retainers
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or template documents, available online for a fee or subscription. This might assist in access to
justice, for example, those in regional areas. Virtual law firms, with no physical presence, exist in some
places and might be a feasible solution to some of the regional issues of geography, e.g. in the
Bahamian archipelago. Well-known for asking whether technology meant “the end of lawyers”,92 the
British writer Richard Susskind has, however, suggested that technology will demand that new legal jobs
emerge, and criticised legal educators for failing to acknowledge this:
‘In the 2020s we will see technologies that change the way we work – you are no longer face-to-face
advisers, you are a person putting in systems and processes. ‘It is not that there are no jobs in the
future, but the 2020s will be a decade of redeployment not unemployment. It is not an emergency but
over the next five years we have to prepare. More and more legal services will be enabled by the
support of new technology. You can say "that is for the technology industry to sort out”, or you can be
part of the technology industry…If you are fixed on how we are working, then don’t go into law. Start
preparing now. We as a profession have about five years to reinvent ourselves to move from being
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world-class legal advisers to world-class legal chnologists.
There are, therefore, opportunities for legal education to broaden its reach to move beyond
teaching students about the law of technology, using technology to teach and teaching students to be
effective in the current use of technology in the regional courts. However, what appears to be
significant at present is to address the most pressing needs, which seem to be, in the context of this
TOR, helping students to learn to operate in the courts. That said, as not every country has fully
technology-enabled courts, a focus on traditional advocacy and paperwork should not (yet) be
abandoned.
29. Consider whether advocacy by videoconference and telephone should appear in
the law school curriculum (if it is not already included);
30. Consider whether law faculty and law school electronic research facilities could be
made available to practitioners (for a fee) where this is not currently being done;
31. Promote liaison between the law schools, courts and practitioners to identify and
promote best practice in use of technology in practice and if appropriate to share
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resources and expertise.
3.8.1 Are the quality assurance systems in place at the faculties of law and law schools
adequate? Is there provision for external parties to comment on courses and
programmes?
Quality assurance of education not only provides assurance for students, academics and
funders that the services are adequate, but increasingly, permits qualifications obtained in one country
to be recognised in another. 94
During 2016, IMPACT Justice commissioned a survey of existing quality assurance provision, and
the design of a quality assurance framework for legal education in the region. Thomas and Perkins (the
Q.A. Consultants) reviewed existing provisions in relation to the three distinct but interrelated phases in
the legal education and training system: (1) the academic undergraduate; (2) the professional; and (3)
the post-qualification (CLPD) and presented a framework for quality assurance which takes into account
both the context of the English speaking CARICOM Member States and developments across the world,
95
especially in the United Kingdom, the United States and Canada. First, they presented the following
overview of what existed in the region at the time of the survey: 96
Phase 1: Academic legal education
Internal Quality Assurance – The Consultants reported that In the UWI system, there is a
regular five year quality assurance review of all disciplines to check for the presence and functioning of
quality standards and processes. The original cross-campus Faculty of law at Cave Hill was reviewed in
1980, 1993, 2001, 2008 and 2015; the Mona Faculty, which started in 2012 was reviewed for the first
time in 2016. They also noted that even with the existence of explicit quality assurance mechanisms, a
potential weak link in the UWI process is the approach to following up on the findings of quality
assessment. They recommended that quality indicators for this phase should focus on context-specific
outcomes, harmonisation mechanisms, curriculum rigour and factors impacting teaching, learning,
research and outreach.97 The UWI Quality Assurance Mechanism has recently included within its
guidance modules criteria by which best practice may be assessed and validated, and this highlights the
value of external validation.98
Many students from across the region, and especially from Trinidad and Tobago enrol in the
University of London LL.B. programmes. The University of London noted that it develops the syllabi and
study materials for its international programmes, and that in Trinidad and Tobago its programme is
offered through the Institute of Law and Academic Studies (ILAS) which purports to have robust quality
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mechanisms and policy. Both the ILAS and the University of London are registered with the ACTT which
allows their students to receive GATE funding from the government. 99
External Quality Assurance – In higher education, internal quality assurance is formally
validated by external quality assurance agencies. In that regard, the UWI is institutionally accredited by
national quality assurance agencies, that is, the University Council of Jamaica (UCJ) 100 the Accreditation
101
Council of Trinidad and Tobago (ACTT) and the Barbados Accreditation Council (BAC)102 and are
therefore recognised as fit for purpose under the standards of institutional accreditation. Since the
quality assurance study was undertaken, UTECH, and therefore its law programme, was granted
accreditation status by the UCJ ( on October 6, 2017).103 It seems that the University of Guyana is yet to
be accredited by the Guyana National Accreditation Council, but it may be argued that in terms of
course offerings, the law programme is to some extent quality assured by its association with the UWI
Faculty of Law, Cave Hill Campus. It should be noted that there has been no specialised accreditation
for law, except in the case of UTECH when 7 programmes, including Law, were accredited by the
University Council of Jamaica, possibly because the professional phase of legal education and training
more probably resides with the law schools.
There is a drive towards harmonisation of some of these national systems, given the need to
recognise qualifications within the region to promote free movement of workers, but this is a work in
progress.104
Phase 2: Professional legal education

As discussed earlier, law school places become available to non-UWI graduates depending on
the number of places not taken up by UWI graduates, and performance in a competitive exam. This has
been a source of much contention, and has resulted in direct questions being asked on matters of
quality assurance, because the automatic admission of UWI Law Faculty graduates to the Law Schools
may exclude qualified students from outside UWI.
Internal quality assurance – The Barnett Report of 1996 lamented that notwithstanding the
high quality of training provided:
The danger in the Caribbean is that although the responsibilities of the legal profession have
grown more challenging, there is massive pressure to reduce the standards of legal education so
as to make it more mechanical. Very few institutions of professional learning, with the student-
tutor ratios which are being forced on our Law Schools by political and other pressures, would be
accredited by the relevant governing bodies.105
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This comment may still be relevant. Except at the Hugh Wooding Law School, there are few
structured quality assurance mechanisms, systems or strategies among the schools. In 2008, the CLE
developed a Quality Management Policy for the Council of Legal Education and applied to ACTT for
registration of the Hugh Wooding Law School. The School also engaged the UWI Quality Assurance Unit
in a consultancy to assist in developing its internal quality assurance system. The School has an Office
for Quality Assurance staffed by a manager and a small team. Among the achievements of the Office are
the establishment of a teaching quality audit system and an Internal Departmental Quality Audit.106
External Quality Assurance - The tenets of good practice in quality assurance as it affects
external quality assurance agencies require that an external accrediting agency is present and that such
an agency is itself subject to regular and rigorous assessment. In the Caribbean, the existence of
national accrediting bodies (ACTT, etc.) means that there are already arm’s length agencies that can
provide the accreditation of the professional law schools as needed. The Hugh Wooding Law School is
already on such a path, and it is possible for the Norman Manley and Eugene Dupuch Law Schools to
follow suit through the University Council of Jamaica which also accredits overseas programmes.
Lawyers, bar associations, the judiciary and the general public have an interest in the
effectiveness of the courses which may or may not be recognised or accommodated within the
educational processes. The CLE represents a form of supra-national quality assurance for the region
from the professional, rather than the purely educational perspective, but some concern has been
expressed about different results, particularly in ethics, between the law schools, over which the CLE
has oversight.
Commentary
In their overview, the QA Consultants noted that the quality assurance mechanisms in the UWI
Faculties of Law and to some extent the Hugh Wooding Law School include internal and institutional
approval mechanisms for courses, collection of student feedback, peer review of teaching, periodic
review of courses, use of external examiners, moderation of assessments and in some cases, advisory
bodies which included practitioners.107 UWI in effect quality assures the UG course, and there is some
evidence of remedial action being taken to assist UG. They also noted that “there appears to be no
common standards across the various faculties delivering foundation legal education, as they essentially
operate as silos and competitors for aspirants (even among the UWI faculties. The common benchmarks
need to be identified so that concerns about consistency in standards and performance can be
alleviated. Further work needs to be done to compare the curricular offerings across the various
institutions and programmes in order to design a more harmonious common programme. At the same
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time, efforts need to be made to explicitly develop internal quality assurance processes to assess the
standards obtained by the foundational legal education, where those do not currently exist.
In commenting on quality assurance provision, Consultants Ching, Cummins and Watson
noted that in some cases, law school staff sit on law faculty committees, and vice versa, but this may
be confined to UWI. They also noted, as a symptom of what appears to be increasing divergence
between the three UWI campuses, that moderation of assessments between the campuses appears to
have broken down.108
Quality assurance can be a more pervasive and cultural attitude, extending beyond
monitoring and evaluation processes toward “quality enhancement”, including research and
scholarship and formal recognition of excellence in teaching. It could also extend to use of innovative
approaches in, for example, assessment, which, in the region, remains strongly focused on terminal
written unseen examinations.109
It is apparent that, particularly in the law schools, there is considerable involvement by

individual practitioners and members of the judiciary as teachers and in some cases members of
institutional advisory boards, an approach which has strengths in assuring currency of teaching and
practice validity in assessment. It is also a challenge, in terms of managing cohorts of adjunct staff
which are sometimes large, and in helping practitioners to understand the dictates of curriculum design
and assessment appropriate for a student level. The Consultants also heard of pro-active approaches
led by bar associations or senior members of the judiciary designed to help address some of the
challenges faced by students from the smaller countries in the region and recommended that these
initiatives be welcomed and strengthened.
The Consultants recommended that it might be necessary for the law faculties and law schools
to be more transparent about the work done by practitioners and members of the judiciary, because as
far as they could tell, this involvement was at the level of the individual, rather than necessarily through
bar associations or other organisations. Boyce found that 65% of her sample of 402 felt that “legal
professionals were not afforded ample opportunity to contribute to the design and delivery of legal
education at faculties of law and law schools”.110 Law educators, perhaps unsurprisingly, were more
likely to feel that opportunities were sufficient than lawyers.111 Boyce also found a limited belief that
QA mechanisms were adequate, although the strong “unsure” response suggests that lawyers and
law students perhaps in particular, do not have enough information about the QA approaches to hold
a view.112 The effect of external examiners was not strongly understood.113
A useful practitioner contribution – and this includes the members of the CLE – can be in
helping to determine content of curriculum (insofar as the curriculum is intended to equip for practice)
and practice validity of simulated exercises and assessments. There is a global movement towards
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development of competence frameworks as part of the overall framework of legal education,
identifying what a newly qualified lawyer should know and be able to do at the point of qualification
which can inform the initial stages of education. One way in which the CLE could help to support legal
education in the region, which might be a component of an accreditation role, and would be an
effective use of its expertise, might be to follow developments in other countries towards creation of
benchmarks and competence statements. The objective is to attempt to synthesise what the output of
an LLB114 or LEC might be, or the competencies to be expected of a newly qualified lawyer.115 Routes
towards qualification are then designed to meet those outcomes, or competences. The routes may
differ between institutions, but each institution is required to work towards the same goals. This is
rather different from the approach of prescribing inputs (e.g. all LLBs must cover the law of contract, or
all LECs must include advocacy), but might be combined with it.
It is important to note that an investigation of quality assurance involves more than simply
evaluating whether certain structures exist and whether certain checks are made, but the extent to
which those processes enhance learning which is relevant to and equips students for legal practice in
the region:
At the system level, quality assurance is an important part of the process that provides a “licence to
practice” [sic] for individual institutions. It thus has a fundamental significance to new providers. In many
countries it may provide limitations to the practice of an institution, for example in terms of qualification
levels or subjects of study. The “licence” might be time limited. However, for established providers, quality
assurance may become a process o “routine compliance”, a necessary undertaking to avoid potential
embarrassment and reputational damage, although it can also be reputation-enhancing and
116
developmental.”
There is a variety of different models of quality assurance mechanism, with varying degrees of
specificity as to their prescriptions for resources, staffing, assessment, pedagogy and course content,
the relationship between research and teaching, methods for collection and analysis of data117 and risk.
118
The American Bar Association has, for foreign educational institutions, identified minimum
parameters.119 These, consistently with the parameters for ABA-accredited law schools in the USA, are
more light touch in terms of prescribing curricula and assessment than the equivalents in some other
countries. Thompson and Perkins, in their review of quality assurance for IMPACT Justice, have
drawn on these principles in proposing a quality assurance framework for the Caribbean designed to
meet the deficits they have identified. (See Appendix 3) A few of the key assumptions on which the
framework is based are: 120
 Outcomes focus: The quality assurance framework recognizes professional competencies

not only as ends in themselves but also as a means of serving the public interest; as such,
quality indicators are useful in so far as they highlight how the programme is or is not
fostering professional competence.
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 Self-regulation of the profession: The quality assurance framework seeks evidence of
mechanisms used by the profession to regulate itself, and the means employed in the
programme to ensure that learners and trainees develop such self-regulatory tendencies.
 External regulation: The quality assurance framework must acknowledge the role of
external regulation, and identify how this may be pursued or, alternatively, compensated
for in its absence. Such regulation ought to be provided by an autonomous frontline
regulator, promoting standards in a way that is free from professional capture and
compatible with the work of the training and education institutions.
 External accreditation: The quality assurance framework includes external quality assurance
mechanisms to nurture an entrenched culture of quality leading to the development and
maintenance of robust internal quality systems. Such external assurance ought also to be
provided by an autonomous frontline agency, promoting standards in a way that is free
from professional capture and compatible with the work of the training and education
institutions.
32. Consider developing competence statements (and/or standards) for all law faculties
and law schools).
33. Set a standard for law faculty/law school advisory boards or their equivalent which
includes members of the judiciary, practitioners in private and public practice and
employers
3.8.2 Are staffing levels in the faculties of law and law schools adequate to meet teaching
and training needs?
Law is a subject that, in some models – for example the U.S. Socratic “case method” – can be
delivered with very high staff student ratios. Consequently, some regulators of legal education have
imposed mandatory ratios in an attempt to avoid “pile it high, sell it cheap” models. So, for example,
121
the American Bar Association allows a ratio of between 1:20 and 1:30, whereas the Bar Council of
India allows a 1:60 ratio. 122 Some regulators place the burden on the institution to demonstrate that its
ratio is appropriate.123 In other cases institutions compete and, if they have a smaller ratio, consciously
124
advertise it (and they may be required to advertise it by the regulator). Where the course is highly
practical and, for example, involves advocacy practice, the ratio is usually lower: the UK Bar Standards
Board requires 1:12. 125 We note that the UWI Faculty of Law was recommended, in 2008, to have a
staff: student ratio no higher than 1:15. 126
A global staff: student ratio for an institution is, however, not necessarily the same thing as
class size. The academic staff cohort may, for example, include research-only staff, or staff who only
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teach postgraduate students. Where there is a substantial proportion of part-time or sessional staff,
the headcount may not represent the full time equivalent available for teaching: this is particularly
relevant for the law schools with their heavy reliance on practitioners and members of the judiciary as
associate tutors. Class size varies according to topic and pedagogy: the law faculties in the Caribbean
generally employ a lecture/tutorial approach, with the lecture delivered to the whole cohort, and a 1:20
or so ratio in the tutorials, at least in the compulsory courses. However, some students at one faculty of
law complained that there was a trend away from tutorials to seminars, and that there was insufficient
coordination of effort between lecturers and tutors. These students also complained that some of their
tutors seemed uninterested in teaching and/or engaging students. Tutors, on the other hand, complain
about low student attendance and the desire to be spoon fed.
At least one of the law schools has comparatively recently moved to a seminar only approach,
with seminar groups of up to 40 (or 16 for advocacy). Clinics may be able, however, to provide one on
one support when students are working on client files. Although efforts are made in seminar groups to
employ experiential learning approaches, so that students learn by doing, in simulation, tasks that they
might undertake in practice, the staff: student ratio, as well as the layout of teaching rooms, puts a
significant degree of pressure on this approach.
An increase in student numbers, either at the faculties of law or the law schools, not necessarily
accompanied by an increase in investment allowing for staff recruitment, could place pressure on
staffing levels. Such pressure may translate into challenges for individual members of staff in morale,
and in preparation, delivery and marking as well as in finding the time to engage in the research,
scholarship and innovation that will enhance the quality of legal education. Some of that innovation, if
time can be found to invest in, for example, development of electronic resources and simulation
exercises might, however, lead to reduced workloads for academic staff in the future. Some
technologically enhanced models such as SCALE UP, require investment in technology and in design, but
take large class sizes as a given, enabling a greater range of interactivity and problem-based learning to
take place in a large classroom than is possible in a lecture. 127
The Consultants found a considerable variation across institutions in the profile of their
teaching staff. The faculties of law of UWI fulfil their teaching missions largely by focussing on
recruitment of full time staff. The overall staff profile of the Faculty of Law at the Mona Campus is the
most impressive of the law faculties, both with regard to qualifications and publications. The law
schools place a great deal of reliance on part-time staff, some of whom may be practising lawyers or
members of the judiciary who bring currency of practice knowledge to the classroom and can, in some
cases follow this through into practice.128 There are some examples of staff teaching at both UWI and at
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the law schools, which may help to promote alignment between the two courses. There is variation in
the qualifications of law teachers when they are not recruited for their practice experience.
Academic staff listed on website

College of the 5 full-time lecturers
Bahamas 5 part-time lecturers
Eugene du uch 8 faculty (including clinic director)
128
17 associate tutors (including two QCs and 3 judges)
129
Hugh Wooding 18 course director/tutors (including 2 judges)
56 associate tutors (including 15 judges and 3 SCs)
Norman Manley 16 tutors/senior tutors/directors (including clinic director)
130
99 associate tutors (including 15 judges and 4 QCs)
UG 131 5 full time lecturers; 10 part time lecturers
132
UTECH 13 full time lecturers; 4 part time lecturers ( including Prof. Vasciannie,
President of the University)
133
UWI Cave Hill 16 listed, of whom 6 have PhDs (and others have professional and teaching
qualifications and LLMs)
134
UWI Mona 16 full time, of whom 10 have PhDs (and others have professional and
teaching qualifications and LLMs)
4 adjunct faculty
UWI St Augustine 12 listed, of whom 5 have PhDs (and others have professional and teaching
qualifications and LLMs)
Figure 8: Staffing
With independent quality assurance or educational support units, the UWI Faculties of Law are
more likely to be able to provide teachers with support in learning to become teachers, and in
curriculum, design and assessment innovation. For instance, a Postgraduate Certificate in University
Teaching and Learning (CUTL) has been designed, and is available for teaching staff at the 3 UWI
campuses. A total of 15 credits are required for completion of the programme. New academic staff are
given priority in placement on the programme, but any interested member of the UWI academic staff is
eligible and encouraged to participate in the programme. Such a programme should be introduced in all
law faculties and law schools. 129
As is often the case where there is a split between “academic” and “vocational” teachers, the
fact that the vocational teachers deal with practice, and are not always encouraged or enabled to be
research active, may lead them to be viewed pejoratively. They do, however, have a great deal to offer
in terms of research not only into law, but also into the profession and into practice.
The question of staffing levels is not only about the number of staff and staff: student ratios,
but about who those staff are, what they know, how well they teach, whether they are available to
students outside the classroom and the extent to which they can refresh and invigorate what is taught
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and how it is taught. The full-time Faculty at the Cave Hill Campus carry a teaching load of 12 hours per
week, while at the Mona and St. Augustine Campuses, the load is 10 hours. Outside these hours,
teaching staff are expected to make time for students who have queries about their courses. Students
at one campus have complained that this responsibility is not always well carried out.
It seems that the staff complements at the UWI faculties of law and the law schools, comprising
both full and part-time staff, may be adequate. However, the increase in student numbers, together
with the challenges of teaching the laws of multiple jurisdictions especially if there are gaps in library
holdings, could pose problems, especially for those institutions such as UTECH and UG which have
relatively small numbers of staff, both full and part-time.
34. Develop a set of best practices for how Faculty and tutors should interact and
coordinate their engagements with students.
35. Provide teaching staff with annual grants for research and publication in law, legal
practice and in legal education, as well as to innovate in curriculum, delivery and
assessment where this is not already being done.
36. Design a programme similar to the UWI Postgraduate Certificate in University

Teaching and Learning for teaching staff of all law faculties and law schools.
3.8.3 Are the physical facilities at the faculties of law and law schools fit for purpose?
3.8.3.1 Physical estate
There is considerable pressure on physical resources and estate across the region, with many
faculties and schools confined to old buildings which are not wheelchair accessible, do not contain moot
courts or in some cases, rooms suitable for tutorial groups rather than lectures or, in the law schools,
for interactive experiential and problem-based learning techniques suitable for a practice-oriented
course. Problems with traffic, electricity and air conditioning all inhibit an effective working, and
therefore, teaching, environment. UWI Mona and UTech are probably in the best position, having
comparatively new buildings. The Norman Manley Law School, which occupied the same building from
its inception until quite recently, constructed another, some distance away from the original building
which has provided badly needed space to cope with that School’s rapid expansion during the past 6
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years. Elsewhere, UWI St Augustine is in temporary premises; UWI Cave Hilli and Hugh Wooding are
under pressure as to suitable teaching accommodation, with UWI Cave Hill experiencing from basic
problems such as water leaks and mould to insufficient space to accommodate an effective staff to
student ratio and numbers enrolling for 5 courses being so many that the classes are taught in larger
lecture theatres located elsewhere on the Campus; Eugene Dupuch in The Bahamas (for which the
Government of The Bahamas has long promised suitable accommodation) is spread across a number of
different buildings which is a great inconvenience both for staff and students, and UG is acknowledged
to have been “neglected”, with concerns raised over a considerable period. In all these cases, the main
culprit may be lack of funds by the institutions and the governments which support them.
3.8.3.2 Libraries
Not all institutions have dedicated and separate law libraries, and, although there is clearly a
significant degree of enthusiasm, commitment and collaboration between law librarians in the region,
there is variety of quality2 in what is available to students, staff and others (e.g. practitioner-alumni)
using the libraries.
In order to assess the law libraries of the region’s law faculties and law schools, a survey was
conducted between January 9-12, 2017. A specially designed data collection instrument was produced
for the purpose and was administered to librarians in charge of the nine (9) law libraries over the
telephone.3 The law libraries included were the following:
1. University of the Bahamas Library
2. The Eugene Dupuch Law School, Bahamas
3. Faculty of Law Library, UWI, Cave Hill, Barbados
4. Alma Jordan library, UWI, St. Augustine, Trinidad and Tobago
5. June Renie Law Library Hugh Wooding Law School. Trinidad and Tobago
6. University of Guyana Library
7. Norman Manley Law School Library, Jamaica
8. Calvin McKain library, UTech, Jamaica
9. Law Branch Library, UWI, Mona, Jamaica
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The Faculty of Law Library at the Cave Hill Campus, with over 150,000 volumes and access to
several electronic resources which include Lexis Nexis, Westlaw, JUSTCite, Hein online, EBSCHHost and
others is oldest and best law collection in the region. In addition, since 2001, the Law Library has been
developing, CariLaw, a database of decisions of higher Commonwealth Caribbean courts, some dating
back to the early 1950s.130 The database received substantial assistance from IMPACT Justice to update
the collection of cases. 131
The library provides copies of materials in its collections to other law libraries and to members
of the legal profession throughout the region and beyond, has conducted training for law library staff;
and for many years has been earning an income from the services provided to local and external users,
including membership by attorneys practising in Barbados and elsewhere in the region. Other law
libraries could consider adopting the Cave Hill model.
Other institutions with law libraries are the Mona Faculty of Law and the three law schools. At
the UWI St. Augustine Campus, the UG and UTECH law collections are located in the main libraries.
Most libraries have collections of the legislation and law reports of their home country; incomplete
holdings of these materials from other countries in the region; some of the legal texts published in and
for the region and some of the periodical literature. The libraries of UTech and U.G. Librarians are the
most poorly stocked, but both institutions are working to upgrade the collections.
Access to electronic resources has been described by survey respondents as very good at the
UWI libraries, the University of the Bahamas, and the law schools where CariLaw, Lexis-Nexis, Westlaw
and other databases are available. Access is more limited at the UTECH and U.G.
Most librarians in charge of law libraries in the region belong to the Caribbean Association of
Law Libraries (CARALL) and assist each other in obtaining materials needed for their clientele.
Since funds and space are both in short supply in all the libraries included in this legal
education survey, librarians should try to ensure that collection development focusses, wherever
possible, on electronic materials, especially if costs can be shared. This is a model which the UWI
libraries have been pursuing for some time.
3.9 What is the impact of globalisation on the training of lawyers and the practice of law?
In a report of this nature, it is possible only to skim the surface of this topic, which has
generated an enormous amount of literature,132 from the perspectives of both practice and legal
education, and as both opportunity (for some) and threat (for others).133 Technology is clearly a factor
aiding legal practice and legal education to cross borders. A need now to focus outside the region was
suggested by some respondents as a possible modern addition to the objectives of the Treaty.
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In legal education, the question of globalisation is both inward and outward-looking. From an
inward perspective, it affects the nationality of the students who are taught in the region; subjects that
are taught; the opportunities afforded students to undertake exchanges and to engage in international
competitions4 and activities such as lawwithoutwalls; 133A and the background and interests of the staff
who teach them. On the one hand, the Treaty arrangement, at least in its original model, exposed
students to those from other countries and to a limited extent, cultures, suggesting that it could afford
a useful foundation in cultural awareness and in a comparative law approach to their understanding of
law and legal practice that could be extrapolated outside the region. The right to practise across the
region enshrined in the Treaty means that the Caribbean LLB + LEC route could be seen as an example
of a double maitrise, designed to qualify the graduate in more than one jurisdiction.134 As is apparent
throughout this report, the pressure of numbers is having an adverse effect on that original vision.
Flood also sees globalisation in terms of structures, but in four categories:
1. Importing foreign students to home law schools for LLM and research degrees;
2. Exporting domestic law schools’ programmes to foreign countries, sometimes in conjunction with a
host institution;
135
3. Creating global law schools that attempt to appeal transnationally;
136
4. Online law schools that could transcend borders but tend towards the local.
On the basis of the evidence they collected, the Consultants were of the view that the
Caribbean is likely to be the recipient of these initiatives, where they exist, rather than their provider,
despite the depth of regional experience in addressing multiple systems of law in a single curriculum.
Clearly well-established and well-regarded LLM courses exist in the region, but it is increasingly easy to
137
access Flood’s first example: specialist LLM provision from elsewhere online or in the USA.
Technology and in some cases aggressive marketing mean that the legal education of the region has
already to some extent been colonised by the foreign educational institutions envisaged by Flood’s
second example. If the issues facing the West Indian system are not resolved, this opportunity to
colonise might well be increased. At present, in the legal sector, those foreign institutions are not on
the territory of Caribbean nations, but, following the medical model, there seems no reason in principle
why this should continue to be the case.138 The availability of courses online such as the London
International LLB represents Flood’s fourth category.
If students study abroad or online with foreign institutions in increasing numbers, there will be
increased pressure on the 6-month programme and, quite possibly, open season in applications and
appeals against applications through the non-standard statutory and discretionary processes. The
Consultants were informed that even within the region, students with government funding bonded to
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return and serve in their own countries do not always do so. If they study and qualify outside the
region, the temptation not to return may well be increased.
As far as legal practice is concerned, there is a considerable degree of speculation, globally,

about what the future might hold.139 In the region, however, transnational law firms have not
penetrated 140 in the same way that transnational accountancy firms (some of which employ lawyers or
provide legal services in some jurisdictions) have.141 The region is, however, developing as a site for
outsourcing of legal work from jurisdictions outside the region.142 Regional lawyers – aided by the
networks previously formed during their legal education – have tended to work across the region by
referral or local temporary admission, although there are some examples of transnational firms within
the region.143 They are clearly also consulted by lawyers and clients outside the region by way of
inbound activities. So, for example, there is a need to have knowledge of subject areas such as
intellectual property and the corresponding treaties. International corporate mergers and migrations of
companies are more and more being driven by taxation issues and consequently companies domiciled
in the region are going through these processes to access favourable tax positions. This therefore
requires the practitioner to be competent to advise the client's financial advisers on the effects of the
initiatives conceptualised to have effect in multiple jurisdictions but to be implemented in a regional
country. There are serious compliance issues to be appreciated when lawyers practise in commercial
and corporate areas involving good corporate governance policies, and satisfaction of due diligence
requirements in respect of KYC.144 There is a need to understand consumer protection law and to advise
on issues of liability and the process of product recalls. There are issues relative to international
arbitrations and the application of such rules to commercial transactions in dispute; maritime
boundaries and international trade challenges within jurisdictions in the region.
The Consultants were less certain that there are substantial outbound activities, in which
lawyers within the region work with clients in the region to invest and expand their activities outside it.
There are, nevertheless, concerns about foreign qualified lawyers practising in e.g. the Bahamas,
outside of local regulation, and about the non-standard methods of admission under statute or
discretion in some countries which may be perceived as affording some preference to those with
foreign qualifications or part-qualifications.
Shifts in legal practice and culture at an international level, for example, the rapid spread of the
international human rights agenda, especially in areas of discrimination, do, however, come to have an
impact on lawyers within the region, and questions of human rights and discrimination were noted by a
number of our respondents. These might come to be relevant not only to those with an “international”
practice, but also to the substantial sector of the legal profession in the region focused on servicing local
clients. This leads into the next TOR, which is to consider “non-traditional” areas of law.
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3.10.1 How well equipped are new practitioners graduating from the West Indian System of
legal education for practice in non-traditional areas of law?
In order to address this question it is necessary first of all to look at the extent to which new
practitioners graduating from the West Indian System are equipped for practice in traditional areas of
law.145 Boyce found that priority was placed on written and oral communication and critical thinking as
critical skills of a recent law graduate. She also found that work ethic, adaptability, judgment, maturity
and emotional intelligence as critical attitudes (this may have been understood as meaning an LLB
graduate).146 “Ethics/integrity/honesty” was the most common addition to the list.147
If there are perceived deficiencies in what the current system delivers, (see Figure 9) it may be
appropriate to address these, before going on to consider extending the range of legal education into
new substantive legal areas. There is clearly a very strong need in the region for traditional general
practice, and a dearth of public and criminal defense lawyers. A number of deficiencies in knowledge,
skills and attitudes (including the global issue of the millennial work ethic148) were identified in the
Consultants’ investigations. This included court etiquette and preparation for court (not exclusively in
young lawyers).149
A number of respondents felt that there was a need to reinforce learning after law school, both
in the workplace and in CPLD. This was not seen as a failing in the law faculties and law schools, but a
necessary progression of learning as a career-long activity.
3.10.2 Pupillage and mentoring

Pupillage, as a formal period of work-experience other than the clinic and in-service training
elements of the LEC, is mandatory only in the Bahamas,150 although it has been imposed as a condition
of entry to the profession outside the ambit of the Treaty, as in the alternative admission route under
151
s15A of the Revised Legal Profession Act of Trinidad and Tobago or where admission is made on a
discretionary basis. Some of the respondents felt that a return to pupillage would be a helpful means of
supporting young lawyers, and expressed concern about LEC graduates moving immediately into sole
practice “out of the back of their car” rather than being supported by senior lawyers. In some
jurisdictions it was felt that there would be a willingness and capacity on the part of senior lawyers to
do this, but in others (for example Antigua and Barbuda), the ratio of senior to junior lawyers or the lack
of law firms (as in St Vincent and the Grenadines) was such that this could be a problem. The
Consultants noted also that one of the challenges for the public sector is that it is providing a de facto
pupillage scheme, with young lawyers working in the public sector for a few years, before leaving for
private practice. Boyce found a variety of understandings about the extent to which LEC graduates were
ready to practise independently on completion of the LEC.152 Her respondents also felt that “there is an
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expectation that employers of recent law graduates should allow such recruits a period of ‘on the job
training’ during which they learn by experience in the field”.153
Most jurisdictions154 formalise this sentiment as a requirement for some kind of supervised
practice before young lawyers enter the workforce, and some limit full licensure for a period after
qualification for the protection of the public. There are legitimate concerns about the variability of
experience obtained during such periods, about exploitation of young lawyers within it and about
155
fairness in accessing pupillage opportunities when there are more graduates than places available.
In the Caribbean, as in Australia, these concerns have been addressed by embedding the clinic and in-
service training into the LEC, where the experience can be monitored, assessed and quality controlled
by the law school. However, in some Caribbean countries, and especially in places such as Barbados,
Jamaica and Trinidad and Tobago, there is a substantial demand for LEC internship which firms and solo
practitioners are unable to satisfy. A return to the former requirement for two periods of in-service
training embedded into the law school course, encouraging students to serve each period in a different
legal environment is not likely to work at present, any more than it did in the past.
To the extent that there is a desire to support young lawyers in their early careers, there is a
range of approaches other than pupillage which might be explored. In the USA, where there is no
universal requirement that a new lawyer has any workplace experience before entering practice
(including sole practice), some states have mandatory mentoring schemes in place 156 and law firms, law
schools and others sometimes provide sheltered environments known as “incubators” to support young
lawyers.157 These could be considered for the Caribbean.
37. Establish a working party, including both senior and junior lawyers, to develop
mechanisms for mentoring or otherwise supporting young lawyers after qualification,
particularly those in sole practice. This might include limited licensure for a period
after qualification.
38. Given the challenges to maintaining a regionalism ethos which is a major objective of
the indigenous legal education system, encourage students to form or join existing
law students/law graduates associations.
39. Establish a working party, including both senior and junior lawyers, to develop
mechanisms for mentoring or otherwise supporting young lawyers after qualification,
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particularly those in solo practice. This might include limited licensure for a period
after qualification.
3.10.3 Continuing Legal Professional Development

158
Continuing legal professional development is a mandatory requirement in Jamaica, and the
bar associations in several countries in the region have indicated an interest in having similar schemes
introduced in their countries. The IMPACT Justice is drafting a model Legal Profession Act with CLPD
provisions and has been hosting sensitization lectures in the region delivered by the former Chairman of
the General Legal Council of Jamaica.159 Some of the legal education institutions and the bar
associations offer CPLD courses on an occasional basis.160 None of the systems is accredited, and some
of the respondents to the Consultants’ interviews felt that more could be done. They felt that
mandatory schemes would be useful, and several described, or recommended, use of technology to
help practitioners access activities outside their home jurisdictions. It is likely that much of this activity
represents updates on the law, which can be delivered through technology more easily than, say, skills
courses in advocacy or negotiation. A strong majority of respondents to the CADRES survey was in
161
favour of the idea that lawyers should be required to do CPLD. If there are known deficits, or risk
areas, such CPLD schemes could include requirements to participate in specific training on key topics, or
to spend a proportion of the CPLD requirement on courses in, for example, advocacy, ethics, managing
a business or client care. Credit could be given for activities other than “courses”, such as reading,
research, shadowing and coaching or mentoring.
The model of CPLD adopted by legal professions globally has, historically, been “inputs” based,
in which compliance is measured by counting hours spent or points obtained.162 This may be a
necessary first step, in inculcating a change in culture, and leading possibly recalcitrant “horses” to
water.
The former Chairman of the General Legal Council of Jamaica has recommended a regional
CLPD programme such as that in place in Jamaica. That system, implemented in 2013, is itself based on
systems in place in various jurisdictions, especially the U.K. and New South Wales, Australia. It is based
on credits, with each attorney required to obtain a certain number of credits each year. The credits may
be obtained from various activities – teaching, writing articles, attending legal seminars, etc. – things
that advance legal learning or improve legal practice. Attorneys require 16 credits in their first 3 years of
practice; others require 12. Most attorneys obtain their credits by attending seminars/presentations for
one credit per hour and presenters obtain more credits than attendees. In Jamaica, compliance with
CLPD is a condition of obtaining a Practising Certificate in subsequent years. 163
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A regional system will require either a regional accreditation body or an agreement between
accreditation bodies on the relevant principles and approach. The accreditation bodies could be bar/law
associations, OCCBA, government agencies; the UWI Law faculties; the CLE or a combination of these
bodies. The system adopted could provide for reciprocal or common accreditation; presentations being
made in multiple jurisdictions; credits being acquired in other jurisdictions and various delivery modes
could be used.
3.10.4 Strengthening professional disciplinary capacity and professional standards
One of the concerns shared by the survey participants was what they perceived to be the lack of
professionalism of many of the recent graduates, in particular, attitudes both in and out of court; career
impatience, lack of openness to constructive criticism and to guidance by senior members of the
profession; and more worrisome, breaches of the Code of Ethics particularly in relation to integrity and
honesty of the attorney. These participants felt that the lack of professionalism and breaches of
professional conduct do little to inspire public confidence in the legal profession and its practitioners. 164
The absence of a robust and efficient disciplinary system in most jurisdictions was identified as
a contribution factor to the ability of respective bar associations to effectively address matters of
professional discipline. In particular, the limited power of bar associations, with the notable exception
of Jamaica, to suspend or disbar an attorney-at-law from practice was highlighted.
It is recommended that the Jamaican disciplinary model as provided for in that country’s Legal
Profession Act be considered for adoption by other regional bar associations. According to Part IV of the
provisions, the Disciplinary Committee of the General Legal Council (GLC) not only has the power to
reprimand, but most notably, has the power to suspend or disbar attorneys-at-law from practise,
subject to the right of appeal to the Court of Appeal. The GLC also published the decisions of the
disciplinary committee as well as the list of attorneys who have been suspended or disbarred. A cursory
review of the GLC’s website indicates that the GLC Disciplinary Committee has adjudicated on several
matters leading to a decision to suspend or disbar the attorney in question. 165
While proof of the effectiveness of Jamaica’s disciplinary model is anecdotal, it is noteworthy

that in most other jurisdictions in the region, the record of disciplinary action being taken by way of
suspension or disbarment is almost non-existent. It can hardly be argued convincingly that the reason
for the GLC’s record of suspension and disbarment is the dishonesty or lack of professional integrity of
the Jamaican practitioner. Instead, it is far more likely that the GLC’s punitive powers, coupled with the
publication of the decisions of its Disciplinary Committee contribute to public confidence in the legal
profession and to dispelling the public perception that lawyers are unprepared to discipline their own.
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40. Consider establishing national/sub-regional CLPD accreditation bodies which would
be part of a regional CLPD system in relation to which there is agreement on the
relevant principles and approaches. The accreditation bodies could be bar/law
associations, OCCBA, government agencies; the UWI Law faculties, the CLE or a
combination of these bodies. The system adopted should provide for reciprocal or
common accreditation; presentations being made in multiple jurisdictions and credits
acquired in one jurisdiction being accepted in others. Various delivery modes could be
used.
41. Bar associations should consider the provisions on disciplinary procedures contained
in the Jamaican legal profession legislation and in the IMPACT Justice model Legal
Profession Bill.
3.10.5 Specialisation and non-traditional areas of law
This TOR required the Consultants to consider whether specialisation, if practice in non-
traditional areas of law involves specialisation, should take place before graduation or, as is currently
the practice, after qualification through an LLM. That is, whether new practitioners should at the point
of graduation, be equipped for practice in non-traditional areas of law. There is also a logistical issue
about the priority to be given to new areas of law and practice within the curriculum: with limited
resources, the faculties and schools might, perhaps, give attention to existing deficits, or cover the law
of the smaller countries in the region, or address new areas of law and practice, but struggle to do all of
these. A number of respondents felt that it was the role of the law faculties and law schools to
introduce students to a breadth of coverage, with specialisation supported by LLMs and CPLD or by
learning in the workplace. In some jurisdictions, particularly those of the OECS, there is limited, if any,
scope for specialisation in practice in any event.166
The Consultants noted that virtually all the non-traditional areas of law mentioned to them
were provided by one or other of the local LLB courses as a third year option (where options are
available). They advised that should the law faculties in the region wish to do so, economies of scale
could be achieved by allowing transfer of credits in specialist third year courses between institutions,
with the courses delivered online (see section 4.2.6 above). This would be easier for UWI to achieve
across its three campuses and there is some evidence of this taking place, but more difficult once the
other three local institutions are included.
103
Boyce obtained data on new areas of law believed to be important for the region, of which the
most frequently nominated were cyberlaw, financial services, e-commerce and intellectual property.168
167
This – with the addition of legal ethics and advocacy - is broadly consistent with the areas of law
suggested to the Consultants as important for the future development of the region or of individual
168
countries which are listed in Figure 9. It was not necessarily the case, however, that these were
recommended for inclusion in the LLB or LEC curricula, although some areas of law were mentioned
specifically because they had already been included in LLB curricula in response to identified need. The
Consultants also added skills and attitudes felt to require enhancement, even if they are currently
taught.169
Areas of law Other knowledge Skills Attitudes

areas
Antigua and Barbuda Commercial law Courtroom Advocacy Ability to say no to
Environmental law procedure Legislative drafting a client
Intellectual property Practice management Adherence to rules
Law of the internet of court
More emphasis on core Courtesy to other
areas of law lawyers
Telecommunications law Desire to learn
Legal Ethics
Bahamas ADR (including Client care Global outlook
international commercial Legal writing in the
arbitration) international as well
Aviation law as the local context
Bahamian law Office management
Civil law systems
Cybercrime
Environmental law
Financial/commercial work
Insurance law
Intellectual property
Marine law
Medical law and ethics
Offshore work
Barbados ADR Ability to use correct Caribbeanness
Barbadian law English in court Commitment to
(conveyancing and Advocacy public service
probate) Court etiquette (rather than
CARICOM integration law Drafting (in the LLB) personal
Comparative law Legislative drafting enrichment)
Competition law Negotiation/mediation Integrity (as
Criminal procedure/ skills opposed to simple
evidence (in the LLB) Use of technology in knowledge of
e-commerce legal practice professional code
Environmental law of conduct)
Family law as a complete Legal ethics
topic (rather than broken
down into sub-topics)
Gender justice
How law affects/protects
minority groups
Human rights
International commercial
arbitration
International public law
Law of the internet
Mediation (as mandatory
subject)
Offshore law
104
areas
Oil, gas and renewable
energy law
Securities regulation
Trusts (as mandatory
subject)
Belize Banking law How laws and other Ability to manage Commitment to
Belizean law normative concepts cross-border litigation public service
Commercial law impact on legal Advocacy (rather than
Global legal systems decision-making Argumentation personal
International arbitration Critical thinking enrichment)
International law Legal research Global outlook
International law Legislative drafting Legal ethics
Jurisprudence Problem-solving
Public international law
Dominica Cyberlaw Ability to speak Ability to take

Environmental law grammatically criticism
Human rights law Accounting for clients’ Courtesy to clients
Intellectual property money and other lawyers
Law of the internet Court etiquette Global outlook
Legal accounting Legal ethics
Professionalism
Work ethic
Grenada Commercial law Communicating with Humility
Construction law clients, managing
Gender justice clients’ expectations
Grenadian law Legislative drafting
Human rights
Money laundering
Guyana Construction/development Ability to deal with Pro-activeness and

law procedural basics in ability to learn
Environmental law court independently
Family violence Ability to manage
Gender justice cross-border litigation
Guyanese law (especially (e.g. enforcement of
constitutional law and land judgments)
law) Ability to speak
Human rights Portuguese
Indigenous customary law Ability to use primary
Intellectual property sources
Law and the media Client interviewing
Oil and gas law Critical thinking
Trade law Writing, drafting, use
of correct English
Jamaica Banking and finance How to file a Ability to give cross- Commitment to
Civil procedure (in the LLB document at court border commercial public legal
rather than the LEC) How to run a law advice education
Cybercrime practice as a Accounting/dealing Financial regulation
De facto family business with client money and ethics
Discrimination law How to start a Advocacy in the Global outlook
Estates and trusts company Industrial Dispute Legal Ethics
administration tribunal Professional
Global legal systems Advocacy where the scepticism
Insolvency law witness appears by
Insurance law video
Intellectual property Appellate advocacy
International trade Court etiquette
Maritime law/ship Critical thinking
financing Human resources
Music law management
Oil and Gas law Punctuality (in court)
Revenue law Time management
Sports law
Technology law
Montserrat Intellectual property Global outlook
Legal ethics
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areas
St Kitts and Nevis Evidence (as an LLB Psychology Advocacy (e.g. Ability to take
course) magistrates’ court, ex criticism
Health law parte matters) Work ethic
Law and practice of St Kitts Cause lawyering
and Nevis Critical thinking
Money laundering Drafting appeals
Public law (eg judicial Drafting civil claims
review)
Technology and the law
St Lucia Company law (as Impact of law on Ability to write correct Commitment to
mandatory subject) society English representing the
Comparative law Communication with client to the best of
Constitutional law (as the client and one’s ability
pervasive subject) managing clients’ Commitment to the
Cyberlaw expectations rule of law
St Lucian law Depth in preparation Courtesy to other
for court lawyers
Drafting Legal ethics
Role as an officer of
the court
Values and dignity
of the profession
Work ethic
St Vincent and the Grenadines Administrative law (judicial Multi-disciplinary Advocacy Commitment to
review) issues: history, Case preparation public service
Aviation law sociology Communicating with Desire to help
Consumer protection law clients and managing shape the future of
Gender justice law their expectations the region
How law affects/protects Court etiquette
minority groups Creative thinking
Human rights Practice management
International trade Technology in legal
International trade practice
Maritime law Management skills
Trinidad and Tobago Banking law Economics Ability to deal with Global outlook
CARICOM integration law Logic scientific evidence
Complex fraud Philosophy Ability to use correct
Cybercrime psychology English
Entertainment law Social and economic Ability to use word
Environmental law issues processing software
Financial law Critical evaluation of
Insurance law material found on the
Intellectual property internet
International trade Legal analysis
Marine law Legislative drafting
Money laundering Mediation skills
Offshore work
Oil and Gas law
Securities law
Tourism law
Figure 9: Suggested areas of knowledge, skills and attitudes for enhancement in legal education
As can be seen, a number of topics (intellectual property, cyberlaw, environmental law, human
rights, gender justice, oil and gas law, law of the smaller jurisdictions) appear repeatedly. Some
respondents, however, felt that the core subjects either equipped students to specialise later, or were,
in fact, the basis of specialised topics that might be “superficially sexy”. Many respondents called for
greater emphasis on legal ethics generally or in particular aspects, and more pervasively from an earlier
point in the curriculum. Use of English and legal writing in various aspects also appears repeatedly as
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does court etiquette, case preparation and advocacy. A number of respondents felt there was a need to
train police officers and immigration officers, and to support judicial training (possibly as a career route
signalled from early on in legal education).
The consensus, however, was that specialisation at an early stage of the career is not
appropriate, and might limit career choices. There seemed to be no appetite for make funding
arrangements contingent on students taking optional subjects in priority areas in their LLBs. The
Consultants were also told that a third year undergraduate option does not render a student an expert
in that area, sufficient to operate as a specialist in practice. Nor was there a strong preference, overall,
for streams within the law school,170 although there was some appetite for optional subjects in the LEC.
The consensus seems to be that the LLM or CPLD is the most appropriate method of achieving
specialisation for the region, and this can be taken forward into the strategies of the individual law
faculties and schools.
Recommendation 42
42. Specialist subjects should ideally be provided for in the Year 3 options of law faculties,
at the LL.M. level, or through CLPD.
3.11.1 Should the Council of Legal Education be an accreditation body?

171
The Council of Legal Education represents a very considerable regional pooling of
expertise. It comprises representatives of the judiciary, attorneys general, the three law schools, the
faculties of law and the Bar. Its principal activities are operation of the law schools and the evaluation
of foreign LLBs for equivalence with those of the region.
The Consultants were of the view that, as presently constituted, there are challenges for the
CLE particularly in terms of turnover of membership and in having to focus discussion on questions of
funding, especially governmental arrears. They formed the impression that issues raised in the Draft
171A
Report on the Survey of Legal Education in CARICOM Member States had all, at some time, been
raised with the CLE, without solutions or consensus having been reached. They noted that the CLE
does not have a secretariat or resources that can allow it to take a more proactive approach than at
present and stated that given the seniority and expertise of its membership, the CLE has much to
contribute to the law faculties; to mentoring schemes for junior lawyers; to CPLD and judicial
education in the region and could provide a role model for other regions and supranational groupings
internationally.
107
In the list of advantages and disadvantages of different approaches to the future role of the
CLE shown below in Figure 10, the Consultants saw the advantages of changing the role of the CLE to an
accreditation body as inter alia, effectively harnessing the wealth of expertise on the CLE, reducing
“pressure on workload as the focus of the CLE would be on e.g setting competence statements” and
allowing innovation in partnering and delivery for new law schools and law school offerings. The
disadvantages were seen as possible lack of expertise in an accreditation role, withdrawal of support
from key stakeholders whose presence on the CLE is helpful for political or advocacy reasons and
removing a forum for dealing with critical issues of deficiencies in government funding of institutions.
They went on to recommend that other regional law faculties participate in the CLE and that a
secretariat with delegated authority to make decisions to implement policy be established by the CLE
“including a policy for the future direction of legal education in the region but made no
recommendation with regard to the CLE becoming an accreditation body.
In a report submitted after the draft Report, the Consultants included a recommendation that
more law schools be opened under the aegis of the CLE as the most preferable option. They did not
recommend that the CLE become an accreditation body. 172
However, many of the persons interviewed by the Consultants, who responded to the Boyce
survey 173 and who were asked to comment on the Draft Legal Education Survey Report 174 are in favour
of the CLE becoming an accreditation body. These individuals and groups are recommending that the
role and function of the CLE be changed from that of manager of the law schools to that of regulator,
supervisor and licensor of regional law school providers, existing and prospective. Their view is that
although the Council can retain its legal status of manager and establish additional law schools, this
would not address the very real man power and logistical constraints with which the Council is
confronted. An additional law school or schools, under the current structure would only add to the
Council’s already overburdened and inadequate managerial resources. Justification for the change of
the CLE to an accreditation body is seen as: 175
 the fact that when the regional legal education system was established in the 1970s, the
decision to effectively limit the regional practice of law to persons who are awarded the
LEC by the Council was to ensure enrolment firstly in the UWI Faculty of Law, and thereafter
in the Council’s law schools. The Council is now unable to satisfy the demand of non-UWI
LLB degree graduates for admission to the Council-administered LEC programme which is a
pre-requisite to being admitted to practise law in signatory jurisdictions and as such is
needed to fulfill a major component of the original mandate of the Wooding Committee,
which is, satisfying “the intellectual and professional needs of the West Indies, by providing
for the training in the West Indies of legal practitioners …with a view to ensuring their
admission to practice and right of audience before the Courts of the West Indies.”176
108
Figure 10: Options for admission to law schools
 the limited capacity of the Council, as currently configured, to adequately fulfill its current
role and function of managing the law schools as set out in Article 1(3) of the Treaty. This
Article provides that the functions and powers of the Council shall be, inter alia, to
undertake and discharge responsibility for the practical professional training of persons
seeking to become members of the legal profession; to establish equip and maintain law
schools; and to evaluate the course of study provided by other legal institutions. Although
the Council is charged with the responsibility for running and managing the Council’s law
schools, in practice, the law schools are managed by the principals of the respective law
schools. On that point, participants noted in particular the lack of a permanent secretariat,
the infrequency of meetings of the Council, the expense associated with hosting these
meetings and the challenges in resolving issues and making policy decision in a timely
manner.
109
 the regionalism imperative of the legal education program in respect of which the Council
has played a pivotal role, has been significantly diluted by the establishment of separate
UWI faculties of law in Jamaica and Trinidad and Tobago respectively and the subsequent
establishment of a faculty of law at UTECH, paving the way for the Council to play a role,
less driven by maintaining the semblance of Caribbean interconnectedness, to one of
quality control for Caribbean nationals seeking to practise law within the region.
Further, it has also been argued by those in favour of transforming the CLE into an accreditation
institution that notwithstanding the Barnett Report’s recommendation to implement a “transparent
and objective test in the form of an entrance examination,”177 there are significant issues of
transparency and accountability surrounding the Annual CLE Entrance Examination that the draft
Report on the Legal Education Survey did not mention. The issues are said to exacerbate the propensity
for Entrance Examination candidates to form adverse inferences with regard to the transparency of the
law school admission process, and are given as follows: 178
 the Entrance Examination candidates are not privy to any detailed body of regulations
governing the exam. In 2017 the passing grade was reduced from 50% to 40% without the
publication of any statement providing a rationale for the decision from the CLE. Additionally,
the “marking rubric” was published on June 28th 2017, no more than 7 days before the Entrance
Examination date.
 Entrance Examination candidates are not allowed to query or review Entrance Exam results;
 no model answers or examiners’ reports are available to candidates.
 the high number of LL.B. graduates from accredited institutions failing the Annual CLE Entrance
Exam, and ultimately, being ineligible for admission to the Law School. For instance in 2015 it
was reported that only 7 of 300 persons who sat the Entrance Exam passed. (Jamaica Observer)
 Entrance Examination results are not released simultaneously, but sometimes weeks apart.
It is in this context that the proponents of the CLE as an accreditation body have submitted that
the Council as an institution has arrived at a watershed moment in which ironically the issue remains
the same as it was in 1970, that of access of the region’s citizens to practise law “before the Courts of
the West Indies.” As a result, they support an accreditation model in which the CLE certifies law schools
seeking to administer the LEC on the ground that it will encourage the kind of competitive market
environment in which differentiation can produce all sorts of legal specialization benefits, not to
mention enhancing the overall quality of legal practitioners. They argue that it would be better to
increase the supply of lawyers by making the market more competitive and letting market
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differentiation produce schools which focus on creating well-trained, committed public sector attorneys
and legal scholars as their brand. This way, there may be lawyers who are passionate and committed to
public sector work, rather than private sector lawyers who half-heartedly pursue it for financial support.
They also argue that the accreditation model fosters equality and equity in the following
ways:179
(1) Potentially more affordable tuition and specialization choices - lawyers, law professors,
governments and entrepreneurs/investors can develop smaller, more efficient law
schools based on diverse business models that attract financing opportunities which
might not otherwise be available to a monopoly institution. Such smaller, private law
schools may be able to offer more affordable access to legal professional training that
might be more attractive based on costs and specialization focus;
(2) an accreditation model obviates the need for a quota system by enhancing the supply of
legal professional training. The quota system at the law school level secures UWI as the
primary choice for academic legal education in the region and is a means of assuring
that contributing governments are able to recoup their investment (in terms of certified
lawyers) in proportion to their relative contributions. This disadvantages students from
non-contributing countries who by no fault of theirs find it harder to progress to the LEC
stage of education and admission to practice;
(3) an accreditation model removes the location bias by allowing governments and private
entities to create law schools in any CARICOM country. This is important because the
location bias exaggerates the inequity in the system.
(4) an accreditation model allows for quality control at a more efficient level and potentially
lower cost by limiting public expenditure to regulatory functions and transferring the
burden of Law school administration to private enterprises and/or public-private
partnerships. If the CLE’s primary role is accreditation of law schools, and
citizens/governments are permitted to create law schools pursuant to set standards
and pay for accreditation to ensure that those standards are upheld, then the CLE has a
new revenue stream to finance its activities and can be preoccupied with the important
task of quality assurance. Under this model, governments are free to continue
contributions to UWI, but will be free to invest in other, potentially less costly legal
professional training. Because of its mature status and long-standing tradition, UWI and
the NMLS and HWLS will also enjoy this competitive advantage owing to their
reputational capital. But, under the accreditation scheme, the reputation will only act as
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a signal to the market as opposed to a government-sponsored guarantee to legal
professional training.
3.11.2 The CLE as regulator, supervisor and licensor - objectives and functions: -the Kenya
and New Zealand Models Considered
The legal and functional accreditation models implemented by the Council of Legal Education of
Kenya, and to a lesser extent that of New Zealand, have proven instructive in the crafting of a
regulator/licensor role for the Council. Prior to 2014, the Council of Legal Education of Kenya was
plagued with ambivalence as to whether it was a regulator properly speaking or a legal training institute
180
managing the Kenya School of Law as one of its training institutions. Because of persistent lack of
focus, committees were established to delink the Council from the law school, culminating in 2005 in
the appointment of the Muigai Task Force. The Muigai Task Force was mandated to institutionalize
international best practices in legal education and to segregate institutions carrying out supervisory
functions from those carrying out training functions. In 2006, consequent on recommendations in the
Muigai Report, legislation was eventually enacted, establishing the Kenya School of Law as well as other
legal education providers on the one hand, and the Council of Legal Education on the other, as separate
legal entities. 180A
With respect to New Zealand,180A the CLE was established in 1930 with responsibility for
prescribing legal qualifications and conducting examinations. However, in 1961, with a number of
colleges offering law, it was decided that the Council should assume a new role as an independent
body. Its role would be to define, prescribe and arrange for the provision of courses of study including
practical training for those persons in New Zealand and overseas wishing to be admitted to practise law
in the country, and generally to supervise legal education in order to preserve uniformity of legal
qualifications and maintenance of the highest standards. 180B
The following outline of the objectives and functions of the Council in the role of regulator and
supervisor was culled principally from an examination of the Council of Legal Education Act, Kenya No.
27 of 2012.
Those objectives 181 include-
i. promoting legal education training;
ii. maintaining the highest possible standards in legal education;
iii. providing a system to guarantee the quality of legal education;
iv. setting standards for harmonization of the legal education programs of the legal
education providers;
v. monitoring and evaluating law school providers and programs ; and
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vi. advising governments on matters relating to legal education.
The Council’s functions 182 in this new proposed role will include-
i. regulating legal education and training;

ii. licensing and renewal of licences of law school providers;
iii. supervising law school providers;
iv. accrediting law school providers for purposes of licensing ;
v. setting standards for curricula and modules of instruction;
vi. harmonising the legal education programmes of law school providers;
vii. monitoring and evaluation of law school providers and programmes; and advising
governments on matters related to legal education.
In addition, the Council should be authorised to grant recognition of Caribbean non-UWI law
degree qualifications for purposes of admission to existing law schools and prospective law schools. It
should also be authorized to recognize foreign law qualifications obtained abroad by persons seeking
admission to practise law in the respective Caribbean jurisdictions.
Regulatory Functions Examined - New Zealand Regulations Model 183

In recommending a framework within which the Council can assume the role of regulator, the
New Zealand Regulations are being adopted as a template. The New Zealand Regulations provide the
procedure, inter alia, for accrediting applicant law school providers and other matters attendant to
accreditation and licensing of legal education providers. In particular, the Regulations contain detailed
provisions on the application procedure for renewal of licences, charging of fees by Council for the
issuing of licences, the termination, revocation or suspension of licences and establishing mechanisms
for the continuous monitoring and evaluation of programmes.
With respect to the Council’s accreditation function, it is proposed that the initial accreditation
period should be for a prescribed period of two years commencing from the first intake or first term of
students with renewal every three years. The application by law school providers should be made in a
prescribed form to the Accreditation Committee of the Council. The application should include the
following- financial details so as to be satisfied that the provider has the financial resources to
successfully run the programme; details of initial working capital, projected income/expenditure,
projected capital expenditure and administration fees; details of internal financial reporting systems
and personnel; the proposed number of students; accommodation including the provision of lecture
theatres, seminars and instruction rooms; layout, number and size of same; computer facilities; student
facilities; library holdings; organisational structure; administrative and support services; staffing; staff
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training and development, student admissions, qualifications for admission to the respective law
schools; administrative record keeping and procedures and student fees.
In addition, as part of its accreditation function, it is proposed that the Council enact regulations
defining and prescribing course content, curricula, duration of courses, methods of delivery, suitability
for flexible delivery; and course outcome specifications. With respect to the qualifications for admission
to the respective law schools, regulations should also be enacted, prescribing that the minimum of an
LLB degree from a Council-recognised and approved degree programme and institution is required for
entry into the school’s LEC programme.
In the case of monitoring and quality control functions, the Council through a Monitoring and
Quality Control Department should carry out regular visits and inspections of law school providers and
in that regard, the provider must be required to cooperate with Council’s monitoring staff, and allow if
requested, examination of all facilities, teaching material, equipment, library facilities and classes. The
provider should also arrange for guest access to its online instruction website, arrange meetings with
teaching staff, administrative staff and students, when requested.
The Council should also be responsible for assessing, recognising and approving legal education
qualifications obtained overseas by persons seeking admission to practice law in the respective
jurisdictions. Accordingly, regulations should be enacted to establish a system of equivalencies for legal
educational qualifications and the criteria for the recognition and equation of academic and
professional qualifications obtained overseas.
Since the CLE currently has no permanent headquarters, the CARICOM Secretariat, the UWI
Centre or some other regional organization could be asked to assist in finding a home for the
accreditation body, at least initially.
3.11.3 The proposed statutory framework
It is proposed that the Council should be managed by a Council-appointed CEO who shall be the
Secretary to the Council. The CEO should serve on a full time basis and be responsible for the day to
day running of the Council, including the appointment of staff and officers as required for the
proper discharge of the Council’s functions. With respect to departments, it is recommended that
eventually there should be an internal audit department; a finance, planning and administration
department; a department of quality control and assurance headed by a director, with officers
184
responsible for standards, curriculum, accreditation and compliance. In the event the Council, in its
new role as regulator, assumes responsibility for the setting of examinations to be taken by the
students of the respective law school providers for purposes of admission to practice, it is proposed
that there should be a department responsible for the administration of exams. This is the structure at
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which the regulator should aim, but initially, a much smaller staff would be required, and added to as
necessary.
3.11.4 Establishment of New Law Schools – Guyana Jamaica and Antigua and Barbuda
The recommendation for the establishment of new law schools, as stated previously, is
premised on the role and function of the Council changing, as soon as possible, to one of regulator,
accreditation body and licensor of law school providers for the region. It has become even more
imperative for the Council to reconsider its role, given the signals from within the region, as discussed
below, to establish law schools outside the legal framework and jurisdiction of the Council.
Setting up of additional regional law schools in the jurisdictions identified below under the
regulatory authority of the Council would provide an early mechanism for addressing the unsatisfied
demand for access to practise law by the many persons who are holders of non-UWI LLB degrees. It
would also ensure that region-wide, the highest standards of legal education are maintained.
Law School-Guyana
It was reported that in January 2017, the Attorney General and Minister of Legal Affairs of
Guyana signed a Memorandum of Understanding (MOU) with the University of the Caribbean and the
Law Colleges of the Americas for the establishment of a law school in Guyana to be named the JOF
Haynes Law School of the Americas after the renowned Guyanese jurist. The students of the proposed
law school, while mainly Guyanese nationals, would also include students from the region who hold
non-UWI LLB degrees and who are unable to gain admission to the Council’s law schools.185 In
announcing the signing of the MOU, the Attorney General confirmed that the school “will widen access
186
in a demanding market that is constricted by spacing” and cited the unavailability of spaces at the
Council’s law schools and the prohibitive expense for many Guyanese law graduates as the main
reasons for establishment of the school.
The establishment of a law school in Guyana was hinted at by the Attorney General at the
interview conducted by the Consultants a few months prior. At that interview session, the Attorney
General singled out as a main factor for the establishment of a law school in Guyana the 25 -UG student
strictly-enforced quota restriction, which restriction was further compounded, from Guyana’s
perspective, by the fact that the 25 student quota applies to the graduates of the UG Department of
Law, some of whom are students from other jurisdictions. The relatively low cost of living, both in terms
of food and accommodation for non- Guyanese applicants, mainly from Belize and Trinidad and
Tobago, was cited as an attractive pull factor for the establishment of a law school in Guyana, especially
for Trinidad and Tobago applicants. This was due to the relatively low cost and frequency of airlift to
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and from Guyana and the fact that the Trinidad and Tobago non-UWI LLB degree holders comprise the
vast majority of persons who are unable to gain admission to the HWLS to which law school Trinidad
and Tobago applicants are zoned.
On the flip side, the relatively high cost of living in Trinidad for some of the UG graduates who,
although they fall within the quota allocation have been unable to accept placement at the HWLS for
financial reasons, was cited as a major deterrent to persons who are otherwise qualified, from obtaining
the Council-issued LEC, a pre-requisite to practise law in the region. It is therefore recommended that as
a matter of urgency, discussions be held with the government of Guyana with a view to establishing a
law school that would be regulated and licensed by the Council in its new proposed role. Indeed, the
proposal for establishment of a law school in Guyana outside of the Treaty arrangements only serves to
underscore the pressing need for the Council to rethink its role and function, particularly given that
other jurisdictions have also signalled their intention to set up law schools outside of the legal
framework of the Council if the issue of access to practise law in the region is not addressed in a
comprehensive and meaningful and timely manner.
Utech Law School- Jamaica

It is also recommended that consideration be given to establishing a UTech law school given
that much of the demand for admission to the Council’s NMLS, to which law school Jamaican students
are zoned, comes mainly from Utech LLB degree holders. In addition, the NMLS has significantly
increased its student intake and may be operating at full capacity, or close to it. A Utech law school also
has the additional attraction that the holders of its LLB degrees are instructed in the laws of Jamaica and
the region and as such Utech would be well-positioned to address the demand for access to practise as
well as training and instruction in the region’s laws, the very stated objectives of the founding fathers of
the West Indian legal education system.
Antigua and Barbuda-Faculty of Law and Law School

Based on the Survey interviews with senior members of the government, active consideration
was being given to establishing, in the first instance, a faculty of law and thereafter a law school in
Antigua and Barbuda to service students from the OECS as well as other countries, most notably
Jamaica and Trinidad and Tobago. It was argued that Antigua was well suited for the location of both a
facultyof law and a law school as it already acts as a hub for the OECS; that the OECS students were
those most adversely impacted by the cost of legal education given that neither faculty nor law school
was located in any of the OECS countries which added substantially to cost by way of airlift and in-
country accommodation
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3.11.5 The way forward for the CLE
Even though the Consultants did not themselves recommend that the CLE become an
accreditation body, they concluded in the draft Legal Education Survey Report as follows:
…We feel that the CLE is an underused resource, which appears, at present, to be in stasis.
Whether it moves to being an accreditation body or not (and we think there is significant
potential for its expertise to be extended to the whole diet of legal education, including LLB’s,
paralegal courses, CLPD and mentoring of young lawyers) an initial step is to restructure it to
break the stasis.187
The recommendation of many others is that the restructuring should not just be to improve
filters for admission to law school or legal practice, but to improve access to legal professional training
and let the market modulate the supply of lawyers based on economic signals. An accreditation model
best serves the objective of improved access to legal education where private CARICOM entities and
CARICOM governments are free to create law schools subject to quality controls. The CLE will accredit
law schools and charge a fair price for the evaluation and monitoring function/process. The existing
quality assurance systems in place at UWI and at the Hugh Wooding Law School can be further
improved on, using the model contained in Appendix 3 and the Kenya and New Zealand accreditation
systems can be used as examples of how to change in the most cost effective manner from legal
education provider to regulator, licensor and accrediting body. Individual law schools will be free to
determine their own admission policies consistent with base requirements for an LL.B. in common law
legal principles, and market forces allowed to do the rest.
43. New law schools should be set up as soon as possible as part of Utech in Jamaica, UG
in Guyana and possibly in Antigua and Barbuda, principally, but not exclusively, for
the non-UWI LL.B. degree graduates whose degrees are deemed by the Council to
meet the equivalency standard of the UWI LL.B. degree.
44. However, also as soon as possible, the CLE should commence planning to assume the
role and functions of regulator, licensor and accreditation body of regional law school
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providers, existing and perspective, following the Kenya and New Zealand models.
45. Discussions should be held with the CARICOM Secretariat and UWI with regard to
providing a temporary home for the accreditation body.
3.12 Should regional governments continue to fund legal education, and if yes, at what
level?
Governments of CARICOM countries would have committed to pay most of the costs associated
with legal and other tertiary level education at a time when fewer students sought it and when
administrative costs were much lower than at present. Now, faced with high costs for elementary and
secondary education and myriad other pressing societal needs, few can meet their commitments to
some tertiary level education programmes.
For several decades there has been a worldwide trend towards cost-sharing of higher
education: by government (or taxpayers), parents, students and/or individual or institutional donors. In
reflecting on the “share” of governments, the author of “The economics and politics of cost sharing in
higher education: comparative perspectives” made the same observation as above:
st
Higher education at the beginning of the 21 century has never been in greater demand, both from
individual students and their families, for the occupational and social status it is presumed to convey, and
from governments, for the public benefits it is presumed to bring to the social, cultural, and economic well
being of countries. However, higher education is also costly, especially when its high unit, or per-student,
costs are magnified by dramatically increased enrolment pressures. Governments are also besieged with
other pressing public needs, many of which seem more politically compelling that the claims of higher
education and which, together with higher education, greatly exceed, in almost all countries, the available
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scarce public revenues…..
LL.B. level
The UWI costs for undergraduate degrees include the following components: an economic
cost; a tuition cost and University registration and guild fees. These fees are set by the University
Council and are calculated every semester based on the course load, faculty and whether or not a
student is a citizen of a Contributing Country.189 The current Contributing Countries are Anguilla,
Antigua and Barbuda, Belize, the British Virgin islands, Dominica, Grenada, Jamaica, Montserrat, St.
Kitts/Nevis, St. Lucia, St. Vincent and the Grenadines, The Bahamas, The Cayman islands, Trinidad and
Tobago and the Turks and Caicos islands. Bermuda is an Associate Contributing Country. 189A.
At the Cave Hill Campus, economic, tuition and other costs for a law student from a
Contributing Countries other than Barbados, Jamaica and Trinidad and Tobago total Bds$25,050
(U.S.$12,525) per year, of which about 60% is economic costs; on the other hand, the Barbadian,
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Jamaican and Trinidad student is required to pay Bds$55,055 (U.S.$27,527), which is more than twice
the sum paid by a student from the other Contributing Countries, and of which about 80% is economic
cost.189B At the Mona Campus, the LL.B. programme is self-financing, with students each paying
U.S$10,000 per year.190 The cost of the LL.B. at the St. Augustine Campus is nearly TT$70,000
(U.S.$10,000) a year. 191 At the UG, the annual fees for the LL.B. are just under U.S.$2,000 a year. 191A
According to Appendix 6 (for which the data may in some cases be out of date) law is not a
funding priority for the Governments of Belize, Grenada and St. Lucia; the Governments of Dominica,
Guyana and St. Vincent and the Grenadines do not pay the economic cost of the programme for
students, and the law programmes in Jamaica and Guyana are self-funded.
The Governments of Barbados, St. Kitts and Nevis and Trinidad and Tobago commit to pay a
portion of the economic cost of the law degree. For instance, the Governments of Barbados commit to
paying 80% of the economic cost of its students, 192 Trinidadian students receive assistance from their
government which, from the academic year 2017-18, is using a means test to determine access to GATE
funding, which used to be available to all students. With the means test application, students whose
household income is below $10,000 are eligible for 100% funding; between 10,000 -$30,000 per month
they receive 25% and above $30,000 per month, the student pays 50% of the tuition costs. To continue
receiving funds after the first academic year, the student must achieve a GPA of not less than 2.0. The
GATE fee is for economic and tuition costs.193
In cases where the governments pay most of the economic costs, the students are expected to
make their own arrangements for paying the rest, along with tuition costs and petty fees. Most
governments also provide a limited number of scholarships, bursaries and loans. In the case of
Barbados, up to 3,000 bursaries are provided for, and students may receive loans through a Student
Revolving Loan Fund. Universities also contribute, for instance, the Cave Hill Campus has established a
Student Tuition Fee Payment Plan for students who have been unable to access funding, or only part of
the sum required for their tuition fees 194 and has been active in assisting students to source loans from
private sector institutions.
With regard to the external law programmes offered by many UK universities, it is fully self-
funded by the student in all the participating jurisdictions, with the qualified exception of Trinidad and
Tobago. The external LLB degree offered principally by the University of London meets the UWI LLB
degree equivalency and represents for its providers, both UK and locally, a significant source of
revenue.
LEC Level
The revenue of the CLE derives from contributions made by governments which are signatories
to the Agreement Establishing the Council of Legal Education, grants, donations and fees payable by
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students admitted to the law schools.195 Some of the governments pay part of the economic cost for
nationals but where they are in arrears for 12 months or more, the nationals are required to pay the
full economic cost, as well as the tuition and incidental fees set by the law school to which the national
is zoned. 196 Some governments also pay part of the tuition cost of their students – for instance, in 2016,
the Government of Guyana pledged $17.5m to cover 25% of the tuition fees of Guyanese students
entering the HWLS. Subventions paid by the Governments of countries whose students are zoned to the
EDLS197 and Trinidad and Tobago are based on the number of students in the LEC programme.198 At the
NMLS, the Government of Jamaica does not pay per student, but provides a fixed amount, irrespective
of the number of students registered in any year.199
For the academic year 2017/18, the economic cost payable to the EDLS by governments was
U.S.$25,860.200 Information on the economic cost for the HWLS was not available, but for 2017/18,
tuition and compulsory fees to be paid by, or on behalf of students zoned to this law school ranged
from TT$13,945 (U.S.$2,068) per annum for a student from Trinidad and Tobago and TT$19,760
(U.S.$2,930) for a student from Barbados to TT$95,524 (U.S.$14,167) for a student from Dominica,
Guyana, St. Lucia or St. Vincent and the Grenadines.201 Students were also advised that there would be
a minimum increase in fees per annum of 3%. 202 With regard to the NMLS, in 2016 fees were increased
by 15.5% to J$940,812 or U.S.$7,574) per annum.203
The information given above pertaining to the cost of the LL.B. and the LEC may be incomplete,
but it provides an overview of the amounts of money governments and students are required to fund
legal education in CARICOM member States. Where governments pay the full economic costs, they are
the major payers in the cost-sharing arrangement. The requirement that students are required to pay
economic costs for the LEC if their governments default is alarming, because few students would be
prepared financially for this eventuality. In the case of UWI, the debt mounts up and governments pay
what they can, from time to time.
With regard to survey responses on funding of legal education, the CADRES survey for IMPACT
Justice produced a response that, by comparison with the training of doctors, only in Guyana was there
a greater than 50% response in support of “continued expenditure of taxpayer’s money on [the training
of] lawyers”.204 However, CADRES also found that:
while a major section of the population does not support continued or greater investment in the training
of lawyers, in several instances a statistically similar number of persons do support continued and
increased expenditure. In addition, the consideration of demographic variables demonstrates a positive
205
correlation regarding respondents who completed a tertiary education.
Boyce, in her study of law students and lawyer206 asked respondents to evaluate a number of
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statements about the funding of legal education. Her findings are reproduced in Figure 11.
Funding of legal education by governments and other

entities
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
The current The current Governments should The UWI and other Commercial banks
economic climate economic climate continue to provide institutions offering and other financial
demands that demands less loans for the study the LLB should institutions should
governments government of law (N = 380) provide schemes for have special loans
provide greater assistance to law funding the LLB (N = for students wanting
assistance to law students and more 370) to pursue law as a
students (N = 374) to other priorities (N career (N = 376)
= 365)
Strongly disagree Disagree Neither disagree nor agree Agree Strongly Agree
Figure 11 Funding of legal education by governments and other entities
She concluded that:
Respondent feedback suggests that the legal community (both students and graduates) does
not harbour notions of entitlement to special treatment or consideration from the state as a
result of the recent economic downturn. However, there is a general expectation of joint
responsibility on the part of governments, educational providers and, to a lesser extent, banks
and other financial institutions, to offer financing options for the benefit of law students.207
The Consultants explored with participants the extent to which they believed regional
governments should fund legal education in the region. The results, shown by jurisdiction, appear in
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Figure 12 below.
Yes governments should fund No governments should not fund Responsibility should be shared
(or funding should be partial or
based on society’s needs)
Antigua and Barbuda Part of government social services Legal education not seen as a Should be shared by government
responsibility. priority area in terms of national and individual.
development. Government has
other priorities particularly in the
area of training of science and
mathematics teachers within the
teaching profession.
90% of law students are funded by Already quite a number of lawyers Government has limited resources
scholarships including those in Antigua. Government trying to and other demands to meet.
accessed from foreign governments. steer students away from
traditional areas of studies
including law.
Government should partly fund Students should pay but
tertiary scholarships for subjects government should offer merit-
including law. based scholarships.
Bahamas There will always be competing Scarce resources mean government Based on availability and national
priorities but funding of legal cannot be expected to continue development needs government
education should remain the funding legal education. should not entirely fund legal
responsibility of government. education.
A policy decision but funding should
be available as it helps social
upward mobility.
LLB should be fully funded. There should be a cap put on Government should continue
Government can provide grants but funding and law and medicine subvention but has other priorities;
it should not be automatic; should not continue to get private sector should be main
government has sometimes failed preferential funding. provider.
to meet Treaty obligations causing
some delay in students being able
to graduate.
Students should fund their own
legal education. Any government
funding should be partial and based
on merit.
Barbados University education in other Public sector cannot attract lawyers Government should continue
countries is funded through so perhaps there should be funding to the extent that the
endowments. scholarships for funding public economy will allow. Companies
sector lawyers. Some element of that want lawyers should provide
funding (e.g. scholarships) based on scholarships.
performance and needs.
Government should continue to Regional governments will have to Government should guarantee jobs
fund legal education otherwise decide what they spend on legal for persons that get 1st Class
fewer people will go into education. education based on the specific honours.
needs of their country. Information
should be given to students on the
prospects after legal education.
Government should still continue to We should see what society needs.

fund legal education but a needs There may be needs in certain areas
test should be conducted to and those areas should be funded
determine what the society needs. first – so people should be
Would rather see more money incentivized to go into certain areas
spent on primary education than on that are of greater need
tertiary education except in the high
priority tertiary subjects such as
science, etc.
Belize It depends on the country. For It is difficult to expect regional Whether regional governments
Belize, yes, as there are still not governments to fund legal fund legal education depends on
enough lawyers. The state has a education but government should the specific needs and areas of
responsibility to the country to award scholarships where national priority; the funding could
provide it with lawyers. Here necessary. However, it is necessary be partial as well as full. If there are
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funded students are bonded, and to take into account competing areas of specialization that
they do come back, but the system national needs and that funding of individuals wish to pursue but are
is not well enforced as some of legal education should not be not priority, such study should be
them leave before the time period given priority to the detriment of self-funded.
is up, but this is not a problem. other disciplines such as medicine
or disciplines which assist in
achieving national goals such as
agriculture.
Government offers both open

scholarships and technical and
professional scholarships, both of
which are fully funded; the latter is
based both on academic
performance and the national
priority needs of the government.
In the case of Belize, tertiary

education, regardless of the
discipline should be fully funded for
all who qualify. A lot of resources
are squandered and the issue of
the government funding legal
education is a question of priorities.
A lot of governments do not want
an educated public and want to
provide education as if it were a gift
or handout and not a right.
Dominica Professionals in general are Government in arrears so cannot Government should continue
fundamental to development. LLB afford to meet Treaty obligations. funding to a certain extent based on
should be fully funded but not priority.
necessarily the law school training.
Government could perhaps
selectively fund for its own needs
and bond graduates who were paid
for to serve for a minimum period in
government work after qualifying.
Students should fund it. If there is
funding from the government then
it should be partial. More
scholarships by government would
be better than funding because
merit/ability would be the basis.
Grenada Government should provide funding A needs assessment must first be They should continue to fund legal
but there should be bonding done and then we allocate a quota education but with respect to
arrangements which are enforced. for certain specialized areas for extent not sure but maybe 50% of
Government does not track those funding. total overall cost (i.e. economic cost
bonded so some people do not even plus tuition). For Hugh Wooding the
return to fulfil the bond government pays 67% of law school
requirements. Funding should be economic costs.
provided on a merit basis and
Government should ensure that
performance is up to standard and
if not funding should be pulled.
Government of Grenada does fund If Government does not continue to Students can get loans but parents
legal Education but there must be fund legal education, a lot of people have to guarantee i.e. Government
needs assessment and a quota. would not go to into LLB or law does not guarantee. Special
Some specialized areas like Legal school programmes. However, we provisions should be made for
Drafting lack trained persons so should look at priority areas such as bright students.
some are provided with full salary IP, criminal law and prioritise those.
while they study. The corporate sector should
contribute to funding scholarships.
The Government gives scholarship
123
with
bonds but people go overseas and

study and do not fulfil their bonds.
Legal education should be given

funding along with bonding. Part of
the funding should go into research
tools such as eBooks, computers,
etc.
Guyana In Guyana the state does not fund There are other development
legal education because there is the priorities facing the region that
perception that there are too many need greater funding and need to
lawyers. If Government has other be moved up the development
sectoral priorities they should priority list – legal education is not
prioritise the training of relevant one of them. Certain specialized
lawyers to accompany these new areas of law should be prioritized
priorities. e.g. energy, oil, forestry. Legal
education needs to be synchronised
with developmental needs.
Government needs to research and The new Government does not

fund the training of law in certain think law is a priority because there
special areas because the market is greater need for chemists,
may not allocate appropriately. construction sector experts, and
others in the areas of oil and gas.
Guyana needs to fund legal If the Government needs lawyers

education because the cost is very then they should provide
high and too expensive for parents scholarships. The government
to afford. The law school’s funding should fund people that are very
was stopped 10 years ago. good.
Jamaica In spite of challenges in meeting Students should fund their own All students cannot be expected to
contribution obligations under the education and most students at fund own education. Government
Treaty, Government should Mona do. should devise an equitable system
continue to fund because tertiary of contribution.
education is a priority area.
Today's students have to pay a lot It is an economic decision whether Should be by a mixture of
and they cannot see why they government funds. stakeholders- students themselves;
should be denied the opportunity to government for the needy and
attend law school. brilliant; and law firms.
Government funding should be All students benefit from the
reduced. government’s contribution towards
their studies
Students can afford to pay and are Students should pay and
currently doing so. government funding should be a
needs/merit basis.
Government in practice contributes
at least 30% to student’s education;
unfair to expect government to
fund all students but legal
education should not be
inaccessible so the very bright and
poor should be granted a
scholarship.
Montserrat Government cut back and hardship
of students call for introduction of
eLearning and distance learning.
St. Kitts and Nevis Not sure of level of funding but Many cannot afford the financial Government partially funds by way
government should not reduce cost but no society can afford to pay of reduced tuition fees and
spending on legal education. for everyone. There should be a scholarships.
selection process based on ability.
Government should contribute to Government should fund to some
legal education as part of its extent because law is important to
124
commitment to national society.
development but legal education
not a government priority.
St Lucia Government will fund students if it Legal education should not be given Government of St Lucia could fund a
is on their priority list. Government priority above other areas unless couple of people each year.
should fund legal education because there is a need clearly observed. Scholarships and bonding should be
no civilized society can survive However, it is important that the used to attract people to the public
without a justice system. rule of law be maintained and sector.
always prioritized. Government
should have bonding arrangements
and quotas in order to get more
people into the public sector.
Government should be forward
planning to look at what their needs
are.
If Government should stop funding, Government of St Lucia does not

the numbers of persons fund legal education because it is
participating will drop off. not on the priority list.
However, it is important that the
Government provides funding
according to priorities and
according to their pocket.
Legal Education is not on the Depends on priorities of the
priority list, and should have been. country. For specialisations in law,
The need to have persons qualified priority should be granted.
in particular disciplines is urgent.
St. Vincent and the Government should continue There should be a needs Legal education should be given
Grenadines funding legal education. Students assessment for determining who some funding; government should
who are showing the most promise should get funded. At the moment, subsidize part of the total cost and
should be funded i.e. we want a lot the State pays economic cost (for all bond beneficiaries so they give back
of good lawyers and not a lot of disciplines) and there is also access to society.
lawyers. to a disadvantaged loan fund.
Government should look at priority

areas. However, is necessary for
Government to provide some
funding because some bright people
will not be able to afford it.
Trinidad and Tobago Legal education should not be Should not treat legal education any Funding should be continued but
defunded. It should be compared different to other tertiary should be restricted based on
with other disciplines. What education. Government should give developmental needs. A
education do they fund? Why more scholarships for legislative combination of merit and needs
would they want to treat legal drafting and other areas. should be used to determine
education differently? entrance.
Governments should fund Before economic recession there
education but there should be some was a greater case for it to be
stipulation that you do some kind of funded for all five years but with the
community service and not economic situation the government
necessarily a bond (Legal Aid). should fund only part of the law
school study.
The current funding model is a
disaster, Governments have an
understanding that they will pay but
they do not pay. If Governments
agree to provide funding then they
should do so in a timely manner.
Figure 12: Summaries of views on government funding:
These responses may be summarised as follows:
125
1. Governments should continue paying for the following reasons:
 The rule of law is important and a civilized society requires a robust justice system;
 Education is a priority area for national development;
 Cost is very high and many students cannot afford to pay;
 Bright students should be supported.
2. Governments should not continue to pay for of the following reasons:

 Government has other more pressing priorities given that there are scarce resources;
 There are already too many lawyers so funding should be directed at areas where skills
are needed – students should be given more information prior to pursuing law to reveal
that it is not as glamorous as it is depicted on TV and in movies;
 Governments cannot afford to meet their Treaty obligations;
 Students can afford to fund their education and are already doing so at a number of
institutions;
 Very few societies can afford to pay such costs continually.
3. Costs should be shared between government, students and other stakeholders based on
the following:
 Governments should offer merit-based scholarships;
 Governments should selectively fund based on needs assessment e.g. for legal
draftspersons;
 Based on national development priorities – extent of priority should determine extent
of funding e.g. St. Lucia has a priority list and legal education is not amongst the
priorities so is not funded; 208
 Private sector should provide scholarships.
The position is complicated by the fact that, whatever the arrangements in principle, if
governments renege from their commitments, some educational institutions feel obliged, albeit
reluctantly, to recoup from students. The alternatives would be to let the arrears pile up, with
governments paying what they can, when they can, or withhold qualifications from students from
defaulting states, complaints about which would have a political effect on governments and, in cutting
off the supply of lawyers, on the rule of law and access to justice in defaulting countries. This is not a
satisfactory position and the Consultants were of the view that one of the reasons that the CLE is
paralysed in making decisions is the amount of time it needs to devote to such financial matters.
126
In the draft report,209 the Consultants suggested that a level of advocacy is first needed, to
demonstrate the contribution of lawyers to the economic health of each country. However, this
recommendation, while commendable, has been criticized as being not pragmatic, given the already
limited resources of the regional governments; the general perception that there are too many
lawyers; the stated priority of governments as being early, primary and secondary education, and at
the tertiary level being the sciences and mathematics; and that for many governments, sponsorship of
law studies is generally limited to postgraduate studies in areas of law which they have identified as
national priorities.210
In addition, the Consultants recommended that an up to date and transparent list of funding
opportunities be maintained on the CLE website and that bar associations be encouraged to work with
other institutions, law firms, governments and corporations, to create loan and scholarship packages for
211
meritorious students. They concluded that whether governments should – and more feasibly,
whether they can fund or continue to fund legal education, and at what level, is a complex issue, to
which the answer will differ at different times and for different countries. While this may be true, the
recommendation of others is that the era of total or majority funding of legal education by
governments of the region has passed. However, to meet the funding challenge, governments are urged
to continue to assist in funding the economic cost of LL.Bs. through lump sum payments to universities,
supplemented by scholarships, loans and bursaries to the extent that they are able. Students would be
expected to contribute to their own education by meeting any shortfall in economic costs, tuition costs
and minor fees as they now do. With regard to professional legal education, the recommendation is
that governments move with dispatch to transform the CLE into an accreditation institution which will
generate its own income, and should promote business opportunities for the private sector either to
open wholly owned private law schools or alternatively schools funded in a public/private partnership
arrangement. It is felt that a situation in which competition thrives should lead to lower fees overall.
46. The funding model which might minimise the situation where governments default on
their commitments to funding legal education through lack of funds is one adopted by
the Government of Jamaica for the NMLS. Under that arrangement, the government
provides a lump sum which it can afford (and not a per student economic cost
contribution) and the student arranges for payment of any fees not provided for by
government except where the student receives a scholarship, bursary or a loan from
government or elsewhere. With regard to loans, governments should employ a means
test.
127
47. Government scholarships, specifically for legal studies, should be given in areas which
are of direct benefit to the development objectives of countries, and with bonding
arrangements attached.
4. Conclusions
A report designed to evaluate if change is needed is inclined, as a result, to focus on deficits and
failings. The “West Indian System” set up in the 1971 and the multinational, inclusive vision it
represents, has much to recommend it both for the region and internationally. It is, however a system
predicated on a single LLB at a single university with a single campus, which is no longer the position
and has not been the position for some time. There are, in addition, significant pressures on it at
present. These can be summarised as (in no particular order):
i) an increase in persons with an automatic right of entry to law schools graduating from the
UWI faculties of law caused by expansion of these faculties during the last eight years;
ii) a demand for places at the law schools from those with non-UWI Caribbean LLBs and a
strong perception in some quarters that automatic admission of UWI students and a quota
system for UG qualified students are unfair;
iii) a law school entrance examination now being applied to graduates of some, but not all,
Caribbean LL.Bs as well as to graduates with foreign LL.Bs which is also regarded as far
from being transparent;
iv) the unmet demand for places in regional law schools is being addressed by foreign degrees
and qualifications outside the remit of the Treaty facilitated in some countries by local
admission provisions that allow those part-qualified abroad to be admitted as lawyers in
the Caribbean and has resulted in requests being made for the opening of an additional
two, possibly three law schools to join the three now existing;
v) ageing estate in some of the faculties and schools, which could affect morale and student
experience as well as impede the extent to which technology can be used;
vi) concerns about support for young lawyers emerging from the system, particularly those
immediately entering sole practice;
128
vii) a paucity of lawyers in areas of practice that might be regarded as lower status or more
stressful or problematic: criminal defense work, legal aid work, government service;
viii) challenges to funding of legal education by governments, which inhibits the activities of the
faculties and schools – including research and innovation in teaching and assessment - and
ties up the workload of the CLE;
vix) a cash-strapped CLE, managing three law schools, which could generate its own revenue if
it is transformed from being a manager of law schools to an accreditation body. In this new
role, the Council would play an important and critical role in: regulating legal education and
training in the region, licencing, supervising, monitoring and evaluating legal education
providers, setting standards for their accreditation, curricula, modes and quality of
examinations, for harmonization of legal education programmes in the region at the post-LL.B.
level and advising governments on matters relating to legal education and training.
IMPACT Justice hopes that the recommendations made throughout this report, and brought
together in the Executive Summary will be accepted by stakeholders, and will enable the region to move
forward, enhancing rather than dismantling the positive aspects of the original vision. Strong arguments
have been made in favour of the right of suitably qualified persons to be able to practise law in the
region; that the current admission policy to the CLE law schools with respect to non-UWI graduates is
discriminatory and inequitable and that a mechanism is needed to ensure that both UWI and non-UWI
LLB graduates obtain the qualifications necessary to practice law. It is in this context that this report
recommends that the CLE assumes a new role and function of regulator of law schools in the region,
existing and prospective, and whether publicly or privately funded. The legal and functional model
implemented by the Council of Legal Education of Kenya, and to a lesser extent, that of New Zealand,
should prove instructive in crafting a regulator/licensor role for the CLE. The sooner steps are taken in
this direction, the better for the region.
Next in line to the vexed question of access by more CARICOM citizens to legal qualifications to
enable them to practice law, is that of the extent to which governments should continue to fund legal
education. The IMPACT Justice surveys and responses to the Consultants mainly support continuation of
government funding of legal education. The reasons vary from no civilized society surviving without a
justice system, to government involvement being necessary to ensure that some lawyers train in
needed specialist areas. The IMPACT Justice recommendation is that governments continue to part-
fund legal education, by way of grants, depending on what they can afford, and continue to provide
scholarships, bursaries and loans, using a means test for the two last mentioned mechanisms. Students
129
would be responsible for finding any economic fees which the government grant cannot meet, their
tuition and petty fees.
130
NOTES TO SECTION 3: TERMS OF REFERENCE
1 Koelle Boyce, ‘Legal Education Survey: Report on Opinions of Law Students and Members of the Legal Profession’ (2016) found that at least
75% of respondents felt that the Wooding/Marshall objectives for the LLB remain realistic.
2 Koelle Boyce, ‘Legal Education Survey: Report on Opinions of Law Students and Members of the Legal Profession’ (2016), p 137. The only
jurisdiction reporting a lower than 70% belief in significant growth in the period was St Lucia, whose two respondents were evenly split.
3 Ibid, pp 2, 28, 29. This survey also found some evidence that this rate was decreasing, with those who had graduated more than a
decade ago being more likely to have found a job within the first year: ibid, p 37. See also p 63 on whether the current focus of education
in the region was appropriate, with no strong result.
4 Caribbean Development Research Services, ‘Views and Opinions on Lawyers and Legal Education in the Caribbean’ (2016), p 31.
5 See, for example, Moorhead R, Sherr A and Paterson A, ‘What Clients Know: Client Perspectives and Legal Competence’ (2003) 10
International Journal of the Legal Profession 5; Hilary Sommerlad, ‘English Perspectives on Quality: The Client Third Way?’ (1999) 33
University of British Columbia Law Review 491.
6 The phenomenon of vacancies in government service was noted in 1996: Lloyd Barnett and others, ‘Report of the Review Committee on
Legal Education in the Caribbean’ (Hugh Wooding Law School/Norman Manley Law School 1996)
http://www.clecaribbean.com/download/barnett_report.pdf, para 3.I.3. It is not confined to the Caribbean: Equal Justice Works, NALP
and Partnership for Public Service, ‘From Paper Chase to Money Chase: Law School Debt Diverts Road to Public Service’ (Equal Justice
Works, NALP, Partnership for Public Service 2002)
<http://www.americanbar.org/content/dam/aba/migrated/marketresearch/PublicDocuments/lrapsurvey.authcheckdam.pdf> accessed
18 November 2016; Junior Lawyers Division, ‘Early Career Work Experience Survey’ (Law Society of England and Wales 2014)
<http://juniorlawyers.lawsociety.org.uk/files/Junior%20Lawyers%20Division%20Report.pdf> accessed 8 February 2015.
7 However, one practitioner argued that those in rural areas tend to utilise lawyers only for one-time transactions which were unlikely to be
repeated often enough to be sustainable. A fuller list of unmet legal needs, disaggregated by country, appears in Koelle Boyce, ‘Legal
Education Survey: Report on Opinions of Law Students and Members of the Legal Profession’ (2016), pp 146-147.
8 Stephen P Magee, ‘How Many Lawyers Ruin an Economy?’ Wall Street Journal (24 September 1992) A17; Stephen P Magee, ‘The Optimum
Number of Lawyers and a Radical Proposal for Legal Change’ (2010) <http://buckleysmix.com/wp- content/uploads/2010/10/Magee.pdf>
accessed 12 September 2016. As is pointed out in Dennis Darby, ‘Situational Analysis on Legal Education Provisions in Jamaica’ (Darby, Darby
and Associates no date), Jamaica appears in twenty-seventh place in Magee’s 2000 figures,: Stephen P Magee, ‘The Optimum Number of
Lawyers and a Radical Proposal for Legal Change’ (2010) <http://buckleysmix.com/wp- content/uploads/2010/10/Magee.pdf> accessed 12
September 2016, p 13.
9 For example, Charles R Epp, ‘Do Lawyers Impair Economic Growth’ (1992) 17 Law and Social Inquiry 585; Ronald J Gilson, ‘How Many
Lawyers Does It Take to Change an Economy Debate: Do Lawyers Impair Economic Growth: Commentary’ (1992) 17 Law and Social Inquiry
635; David W Barnes, ‘The Litigation Crisis: Competitiveness and Other Measures of Quality of Life’ (1993) 71 Denver University Law
Review 71; FH Buckley, ‘A Better Country (with Fewer Lawyers)’ National Post (19 July 2013) <http://news.nationalpost.com/full-
comment/f-h-buckley-a-better-country-with-fewer-lawyers> accessed 7 September 2016.
10 George Yarrow and Christopher Decker, ‘Assessing the Economic Significance of the Professional Legal Services Sector in the European
Union’ (Regulatory Policy Institute 2012) <http://www.ccbe.eu/NTCdocument/RPI_study_Yarrow_D1_1348650358.pdf> accessed 24
November 2016.
11 See Note 9.
12 Ibid.
13 Boyce notes “respondents from Trinidad and Tobago were far more likely than most others to confirm that there were too many
lawyers (68%) but also more likely to support expanding the scope of paralegal work (45%). This may warrant further investigation into the
nature of legal services delivery in that territory” (ibid, p 153) which may suggest a desire to “paralegalise” some aspects of work currently
carried out by attorneys.
14 UWI Open Campus, ‘ASc in Paralegal Studies’ (University of the West Indies, Open Campus, 2016)
<http://www.open.uwi.edu/programmes/asc-paralegal-studies> accessed 20 November 2016. Associate degrees and other courses in
paralegal studies are available at other institutions, for example: Institute of Business and Commerce, ‘Associate Degree in
Paralegal Studies’ (Institute of Business and Commerce, 2009) <http://www.ibc.edu.bs/paralegal.html> accessed 6 December 2016.
Antigua College International, ‘Paralegal Studies, Associate of Science Degree’ (Antigua College International, 23 January 2013)
<http://www.antiguacollegeinternational.com/school-paralegal-studies-associate-science-degree> accessed 6 December 2016.
St Vincent and the Grenadines Community College, ‘Associate Degree’ (St Vincent and the Grenadines Community College, 2015)
<http://www.svgcc.vc/associate-degree-dasgs> accessed 6 December 2016. Barbados Community College, ‘Associate Degree Programmes
’(Barbados Community College, 2016) accessed 6 December 2016. Excelsior Community College, ‘Associate Degree in Paralegal Studies’
(Excelsior Community College, 2016) accessed 6 December 2016. Institute of Law and Economics, ‘Paralegal Certificate’ (Institute of Law
and Economics, 2016) <http://ilejamaica.org.jm/html/courses/paralegal-certificate-programme/> accessed 6 December 2016.
University of Belize, ‘Programs Of Study’ (University of Belize, 2016) <http://www.ub.edu.bz/admissions/programs_of_study.php>
accessed 6 December 2016. University College of the Caribbean, ‘Associate Degree: Paralegal Studies’ (University College of
the Caribbean, No date) <http://ucc.edu.jm/academics/degrees/associates/associate-degree-paralegal-studies> accessed 6 December
2016.
15 Japan is famous for having few bengoshi compared with its population; but many of the functions of lawyers in other countries are
performed by tax accountants, patent attorneys, and judicial and administrative scriveners in Japan”, Richard L Abel, ‘What Does and
Should Influence the Number of Lawyers?’ (2012) 19 International Journal of the Legal Profession 131, p 131.16 175..
16 Carrie Joan Menkel-Meadow. “Too many lawyers? Or should lawyers be doing other things (2012) 19 International Journal of the Legal
Profession, 147.
131
17 Terrence Halliday. “Six Score Years and Ten: Demographic Transitions in the American Legal Profession, 1850-1980’ (1986) 20 Law &
Society Review 53; Dietrich 1 7 Rueschemeyer, ‘Comparing Legal Professions Cross-Nationally: From a Professions-Centered Approach
to a State-Centered Approach’ [1986] American Bar Foundation Research Journal 415; Richard L Abel, ‘What Does and Should Influence
the Number of Lawyers?’ (2012) 19 International Journal of the Legal Profession 131; Eyal Katvan, Carole Silver and Neta Ziv, ‘Too Many
Lawyers?’ (2012) 19 International Journal of the Legal Profession 123; Ethan Michaelson, ‘Women in the Legal Profession, 1970-2010: A
Study of the Global Supply of Lawyers’ (2013) 20 Indiana Journal of Global Legal Studies 1071.
18 See, for example, the ratio of lawyers to population in the Bahamas in Table 3.
19. Around half the legal population of Montserrat, for example, is in government service. Koelle Boyce in “Legal Education Survey: Report on
Opinions of Law Students and Members of the Legal Profession (2016) p. 31 indicates that of the 217 lawyers in the survey, 31% were in
the public sector.
20 The information on student numbers which the Consultants were able to find were too fractured to be relied on.
21 Herbert M Kritzer, ‘It’s the Law Schools Stupid! Explaining the Continuing Increase in the Number of Lawyers’ (2012) 19 International
Journal of the Legal Profession 209. In the Caribbean, 94% of Boyce’s sample (N = 503) identified “greater number of attorneys graduating
from law schools” as the greatest contributor to the growth in the number of lawyers in the region, Koelle Boyce, ‘Legal Education Survey:
Report on Opinions of Law Students and Members of the Legal Profession’ (2016), p 138. As there is, in the Caribbean system (other
than in the Bahamas), no further filter after graduation and call to the bar, the law school represents the final filter for locally qualified
lawyers. A growth in law school places does not, of course, act as a filter in those jurisdictions where it is possible to be called without
obtaining an LEC by either route. However, as Boyce notes (ibid, p 138) in Guyana and the Bahamas there was also a strong response for
increased demand for legal services as a contributor to the growth in the number of lawyers. However, one Jamaican respondent put the
increase in law school places down to the effect of paucity of funding: “With subsidiaries cut to NMLS, it has had to expand to generate
more revenue to be self-sustaining. This should not be” (ibid, p 139). There was not a clear consensus across the region that there was an
oversupply of lawyers by the law schools, with respondents from Barbados, Belize, Jamaica and Trinidad and Tobago feeling that
there was an oversupply, but those from the other countries more evenly split or unsure (although some of the sample sizes for
individual countries were very small (ibid, p 140).
22 For example: Steve Doughty, ‘Jack Straw Says Britain Has Too Many Lawyers’ Daily Mail (London, 23 March 2010)
<http://www.dailymail.co.uk/news/article-1259926/Jack-Straw-says-Britain-lawyers.html> accessed 26 January 2016; Eyal Katvan, Carole
Silver and Neta Ziv, ‘Too Many Lawyers?’ (2012) 19 International Journal of the Legal Profession 123; Rachel Lai, ‘Too Many Lawyers?
Relieving Oversupply in “the Only Job with an Industry Devoted to Helping People quit
http://durhamprobono.blogspot.co.uk/2014/12/too-many-lawyers-relieving-oversupply.html> accessed 26 January 2016.; Melville A ‘It
Is the Worst Time in Living History to Be a Law Graduate: Or Is It? Does Australia Have Too Many Law Graduates?’ (2016) The Law
Teacher 1.
23 But see the examples of Singapore and Indonesia given in Simon Chesterman, ‘The Globalisation of Legal Education’ [2008] Singapore
Journal of Legal Studies 58.
24. Richard L. Abel “What does and should influence the number of lawyers (2012) 19 International Journal of Legl Information , 131-6.
25 See for example, discussion of “employment prospects for graduates” in Quality Assurance Unit, Board for Undergraduate Studies and
Board for Graduate Studies and Research, ‘Report of the Review of Law’ (2015), p 10.
26 Koelle Boyce, p. 56.
27 Quality Assurance Unit, Board for Undergraduate Studies and Board for Graduate Studies and Research. Report of the Review of Law.
2015, p. 9-10.
28 Law School Admission Council. “About the LSAT” (Law School Admission Council, 2016) http://www.lsac.org/jd/lsat/about-the-lsat>
accessed 21 August 2016.
29 LNAT Consortium. The Law National Aptitude Test” (LNAT, no date) http://www.Inat.ac.uk/ accessed 21 August 2016.
30 Helen Baron, ‘Evaluation of Use of Aptitude Tests for Entry to the Legal Practice Course’ (Law Society of England and Wales 2011)
<https://webcache.googleusercontent.com/search?q=cache:quPXAgaiSMEJ:https://www.lawsociety.org.uk/policy-
campaigns/campaigns/education-training/documents/aptitude-test-report/+&cd=1&hl=en&ct=clnk&gl=uk&client=firefox-b-ab> accessed
13 September 2016.
31 Bar Standards Board. “Bar Aptitude Test”. Bar Standards Board, No. date) https://www.barstandardboard.org.uk/qualifying-as-a-barrister-
/urrent-requirements/bar-professional-training-course/bar-course-aptitude-test.> accessed September 15, 2016.
For a discussion, see Julian Webb and others, ‘Legal Education and Training Review Research Phase Literature Review’ (Legal Education
and Training Review 2013) <http://letr.org.uk/literature-review/index.html> accessed 12 September 2016, paragraphs 39-45. See also
Helen Baron, ‘Evaluation of Use of Aptitude Tests for Entry to the Legal Practice Course’ (Law Society of England and Wales
2011)<https://webcache.googleusercontent.com/search?q=cache:quPXAgaiSMEJ:https://www.lawsociety.org.uk/policy-
://research.legalservicesboard.org.uk/wp-content/media/Aptitude-tests-and-the-legal-profession-2011.pdf> accessed 16 November,
2016.
32 Koelle Boyce, ‘Legal Education Survey: Report on Opinions of Law Students and Members of the Legal Profession’ (2016), p 101.
33 Ibid, p. 101.
34 See, for example, University of Hong Kong, ‘HKU LAW Juris Doctor’ (University of Hong Kong, No date)
<http://www.law.hku.hk/postgrad/jurisdoctor/> accessed 20 November 2016; Solicitors Regulation Authority, ‘CPE/GDL Course Providers’
(Solicitors Regulation Authority (SRA), No date) <http://www.sra.org.uk/students/conversion-courses/cpe-gdl-providers.page> accessed
12 September 2016. It is a peculiarity of the English system that graduates of the short course are at least as, and possibly more, attractive
to employers than those with a full law degree.
35 For example, Melbourne Law School, ‘The Melbourne JD (Juris Doctor)’ (Melbourne Law School) <http://law.unimelb.edu.au/study/jd>
36 See, for example, Legal Profession Act, 2000, s. 6 of Belize. These “deviations” were of concern to the framers of the Barnett Report in 1996,
paras 3.H.1 to 3.H.7.
37 Bar Standards Board, Note 31.
132
38 Solicitors Regulation Authority. “Training for Tomorrow Work Streams: A New Approach to Qualification” Solicitors Regulation Authority, 1
November 2016) http://www.sra.org.uk/sra/policy/training-for-tomorrow/work-streams.page accessed 24 November 2016.
39 Julian Webb and others. “Setting Standards: The Future of Legal Services Education and Training Regulation in England and Wales” Legal
Education and Training Review, 2013 http://letr.org.uk/the-report/index.html. Accessed 5 June 2014.
40 Anthony Chase, ‘Birth of the Modern Law School, The’ (1979) 23 American Journal of Legal History 329, p 331.
41 Sustainable Economies Law Centre, ‘State-by-State Guide to Apprenticeships’ (Like Lincoln, 4 March 2013) <http://likelincoln.org/state- by-
state-guide-to-apprenticeships/> accessed 13 May 2016.
42 Patrick Monahan, ‘Dean Patrick Monahan on the Growing Number of Canadian Law Schools Switching from the LLB to JD Degree
Designation ’(Osgoode Hall Law School,10 June,2008) https://web.archive.org/web/20080610142423/
http://osgoode.yorku.ca/media2.nsf/83303ffe5af03ed585256ae6005379c9/ef8025cc6549271e852574200056fcc8!OpenDocument>
43 John Flood, ‘The Global Contest for Legal Education’ <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2475758> accessed 21
August 2016.
44 Youngjoon Kwon, ‘Recent Reform in Korean Legal Education’ (2013) 13 Journal of Korean Law 1; Xiangshun Ding, ‘The Reform of Legal
Education in China and Japan: Shifting from the Continental to the American Model’ (2010) 3 Journal of Civil Law Studies 111.
45 That is, at level 8, rather than the level 5 of the LLB: ‘Proposed National Qualifications Framework for Barbados’ <http://biblioteka-
krk.ibe.edu.pl/opac_css/doc_num.php?explnum_id=923> accessed 20 November 2016, p 5.
46 The American Bar Association, however, obliges law schools to treat the JD as equivalent to the PhD for the purposes of employment:
American Bar Association, ‘Council Statements’ <http://apps.americanbar.org/legaled/accreditation/Council%20Statements.pdf> accessed
20 November 2016. An unusual example of use of the title, where the course is at least in part at doctorate level, is the combination of a
professional doctorate and LLB available at the University of Belfast: Queen’s University Belfast, ‘Juris Doctor’ (Queen’s University Belfast,
2016) <http://www.qub.ac.uk/schools/SchoolofLaw/Study/JurisDoctor/> accessed 20 November 2016.
47 For example: Australian National University, ‘Flexible Double Degree: Law Group’ (Australian National University, 11 October 2014)
<http://www.anu.edu.au/study/apply/flexible-double-degree-law-group> accessed 22 November 2016
49 See 3.D2, Part 3, Barnett Report at p. 39.
50 <https://www.utech.edu.jm/academics/colleges-faculties/fol
51 Statistical data provided by the Office of the Registrar, UWI, Cave Hill Campus.
52 Data provided by the Office of the Registrar, HWLS.
53 Ibid.
54 One possible comparison is with the “Wisconsin privilege”. See Beverley Moran. “The Wisconsin Diploma Privilege: Try it. You’ll like it”
(2000).
55 The distinction might be that it is a retest if the candidate has already studied those subjects in a Caribbean context. If the candidate has a
foreign LL.B. the candidate will probably have studied these subjects, but not in the context of Caribbean legislation and case law.
56 English barristers are called to the Bar on completion of the BPTC and are entitled to describe themselves as barristers, but are not
entitled to practice without completing pupillage. An LPC graduate does not become a “solicitor” until after completion of the period of
recognized training and is not allowed to work as a sole practioner until a further three years has elapsed.
57 Lloyd Barnett and others, ‘Report of the Review Committee on Legal Education in the Caribbean’
58 (Hugh Wooding Law School/Norman Manley Law School 1996) http://www.clecaribbean.com/download/barnett_report.pdf, para 3. 58
Competition Authority. Study of Competition in Legal Services Preliminary Report. <http://webcache.googleusercontent.com/search
?q=cache:nkkP8TswoOooJ:www.ibanet.org/Document/Default.aspx%3FDocumentUid%3Ddbb06867-99ec-4edd-9597-
191682+&cd=2&hl=en&ct=clnk&gl=uk&client=firefox-b> accessed 12 September 2016, pp 110-111.
59 The clearest example is of Belizean students who are not eligible for the UG quota of 25, going to UG. We were, however, also told of
students making very strategic decisions to go to UWI because of the automatic entrance provision. It was even alleged that the comfort
provided by the automatic admission provision might have a deleterious effect on some students’ work ethic whilst at university.
61 Ibid, p. 103.
62 For example Quality Academics which coaches for Norman Manley admission, charges J$60,000 for its course” Quality Academics Norman
Manley Law School Entrance Exam Preparation Course:. Quality Academics: We get results, 2016 <http://
63 Boyce found that 25% of her sample of 432 responding to this question felt that “the system is fine and should be left alone”: Koelle
Boyce, ‘Legal Education Survey: Report on Opinions of Law Students and Members of the Legal Profession’ (2016), p 101. The top five
reasons (ibid, p 102) were: higher/known standards at UWI/UG than at other [institutions?]; recognises prior knowledge of CARICOM law
of [UWI/UG graduates?]; guarantees continuing CARICOM education for UWI and [UG graduates?], UWI/UG systems aligned to law school
and helps to limit the number of lawyers graduating.
64 It should be noted that, as described above, the Barnett recommendation was that UWI students with third class degrees should sit the
entrance examination. If this were to be implemented, with no change for the non-UWI students, this would, of course, mean that weak
UWI graduates were competing for places with strong graduates from the other institutions.
65 Boyce found that 44% of her sample of 432 believed that “The system should be changed to force all applicants to law school to
compete for available spaces equally”, See page 101. The top five reasons given (ibid, p 103) were would level the playing field/ensure fair
consideration; would help to limit the number of lawyers graduating/safeguard quality; unfairly rewards mediocre UWI/UG graduates and
UWI/UG standards are not necessarily higher than those of external programmes. Some of this data should be regarded cautiously, as the
UG degree was, in the survey, assimilated entirely to the UWI LLBs, so that some respondents might have understood that all UG graduates
are guaranteed a place at law school, which is not the case. Similarly, it is not clear whether the reference to “external programmes” was
understood to mean “programmes other than those offered by UWI/UG”, or “programmes offered by institutions outside the region”.
133
66 Association of Caribbean Students for Equal Access to the Legal profession (ASCEAL). Comments on the Draft Report on the Survey of Legal
Education in CARICOM Member States, 2017.
67 See Draft Report. Recommendation 9, p. 43.
68 Comments on Draft Legal Education Survey Report received June 12, 2017.
69 Barnett Report, 3A. 1, Part 3, p. 32.
70 J. Ching, A. Cummins and N. Watson. IMPACT Justice Legal Education Survey. Supplementary Comments, May 14, 2017.
71 Roy Marshall et al. Report of the Consultants Appointed to Assist the Joint Committee on Legal Education in a Review of Legal Education in
the Commonwealth Caribbean, Jamaica: CLE, 1980.
72 Flanagan et al. Report on the Review of the Faculty of Law, Cave Hill Campus, 2016, p. 46.
73 See Figure 6.
74 See Note. 72.
75 Flanagan et al, p. 49.
76 Ibid.
77 Ibid.
78 The recommendation in relation to Ethics was supported by the Hon. Mr. Justice Dennis Morrison, President of the Court of Appeal of
Jamaica and a long standing tutor at the NMLS in a presentation to the Barbados Bar Association Conference, Hilton Hotel, date.
78A. See Barbados –www.cavehill.uwi.edu/Law/programmes.apsx; Jamaica – www.mona.uwi.edu/law/academic -programmes; Trinidad and
Tobago –www.sta.uwi.edu/law/docs/LawUndergrad.pdf).
79 This kind of complaint dates back some time. See Barnett Report, 1996, para 2.D.9. However, practitioners by definition did not experience
the current curriculum and may have unrealistic expectations of what a vocational course can and should deliver. See for example, Amanda
Fancourt. “Hitting the ground running? Preparing Students for Practice”. UK Centre for Legal Education, 2004
http://ials.ss.ac.uk/library/archives/ukcle/78.158.56.101/archive.law/projects/past-projects/fancourt/index.html accessed 5 September
2016.
80. It has been suggested in the past that centralized assessments should be used across the law schools: Barnett Report, para 2 E 6
81 Some attempt to reduce overlap between the two phases was carried out in 1980” : Roy Marshall and others. Report of the Consultants….
1980, p.
82 The Consultants heard of students being expected to research the law of their own jurisdiction independently (which might actually
produce better results than being told it); feeling that they were being perceived as inherently troublesome; election to answer examination
questions on the basis of the law of the host institution to be more confident of satisfactory marking by academic staff and independently
contacting practitioners in their home jurisdiction for advice. Unless a tutor was insecure on the intricacies of the law of a number of
jurisdictions, student understanding could be “muddled”. Where, at law school, seminar groups were determined by home jurisdiction, a
student who wished to find out the detail of the law of another jurisdiction would be able to do so only be attending duplicate seminars,
which would be time-consuming and possibly frustrated by timetabling.
83 This has been an issue in the recent past: Anon, “Guyanese Hugh Wooding Law Students Complain of Discrimination” Kaieteur News (July
2015) http://www.kaeiteurnewsonline.com/2015/07/04/guyanese-hugh-wooding-law-studens-complain-of-discrimination/ accessed 7
September 2016.
84 In due course, if online simulations are developed it should be possible to design these so that each can be planed out in accordance with
the law of a particular jurisdiction.
85 These could, and perhaps for a fee, be made available as CLPD for practitioners.
86 S ee T om D urb in” Rep ort on th e U s e of T ech n olog y in L ega l E d uca tion in the C a rib b ea n Reg ion. (I MPACT Ju s tice,
2 01 6.
8 6A E ven the most established faculty, Cave Hill, described itself in 2015 as “woefully under-equipped with contemporary technologies”:
Faculty of Law, University of the West Indies, Cave Hill, ‘Faculty of Law, Self-Assessment Report 2015’ (University of the West Indies,
Cave Hill 2015), p 15, 16-18; Quality Assurance Unit, Board for Undergraduate Studies and Board for Graduate Studies and Research, ‘Report
of the Review of Law’ (2015), recommendation #6.
87 SCONUL, ‘The SCONUL 7 Pillars of Information Literacy through a Digital Literacy lens”’
<http://www.sconul.ac.uk/sites/default/files/documents/SCONUL%20digital_literacy_lens_v4.doc>
88 See also, for a description of developments in the Eastern Caribbean: Agnes Actie, ‘The Role of Technology and E-Filing: The ECSC
Experience’ (2010) 36 Commonwealth Law Bulletin 511.
89 Laura Good, ‘Legal Outsourcing Guide 2013-2014’ <https://s3-eu-west-1.amazonaws.com/www.globallegalpost.com/lpo/lpo-
handbook-2013-14.pdf> accessed 10 June 2016. Mary Lacity and Leslie Willcocks, ‘Legal Process Outsourcing : LPO Provider Landscape’
(LSE2012)12/5 <http://www.lse.ac.uk/management/research/outsourcingunit/wp-content/uploads/sites/2/2015/04/WP12_5.pdf>
accessed 10 June 2016; Mary Lacity and Leslie Willcocks, ‘Legal Process Outsourcing, In-House Counsels, Law Firms and Providers:
Researching Effective Practices’ (2013) 19 European Journal of Current Legal Issues <http://webjcli.org/article/view/266/362> accessed 27
April 2015; Ernesto Noronha, Premilla D’Cruz and Sarosh Kuruvilla, ‘Globalisation of Commodification: Legal Process Outsourcing and
Indian Lawyers’(2016) Journal of Contemporary Asia 1.
90 Michael Addady, ‘Meet Ross, the World’s First Robot Lawyer’ <http://www.playbuzz.com/fortune/do-you-think-automation-will-
create-or-destroy-jobs> accessed 10 June 2016.
91 Law Society of England and Wales, ‘Unbundling Civil Legal Services’ (Law Society of England and Wales, 4 April 2016)
<http://www.lawsociety.org.uk/support-services/advice/practice-notes/unbundling-civil-legal-services/> accessed 29 November 2016.
92 Richard Susskind, The End of Lawyers? Rethinking the Nature of Legal Services (Oxford University Press 2010).
93 John Hyde, ‘Susskind: “You Have Five Years to Reinvent the Legal Profession”’ Law Society Gazette (27 April 2016)
<https://www.lawgazette.co.uk/law/susskind-you-have-five-years-to-reinvent-the-legal-profession/5054990.article> accessed 28
November 2016.
94 Dirk van Damme, ‘Trends and Models in International Quality Assurance and Accreditation in Higher Education in Relation to Trade in
Education Services’ (2002) <http://www.oecd.org/education/skills-beyond-school/2088479.pdf>accessed 28 November 2016.
95 Kay Thompson and Anna Kasafi Perkins. “A Quality Assurance Framework for Legal Education in the Caribbean: Some Quality Indicators”.
134
IMPACT Justice, 2016.
96 Ibid, pp. 7-14.
97 Ibid., p.10.
98 For a quality assurance review of the (largely distance learning) British university offerings into the Caribbean, see Quality Assurance
Agency for Higher Education, ‘Reviews and Reports Review of Transnational Education in the Caribbean’ (Quality Assurance Agency, 2014)
<http://www.qaa.ac.uk/en/ReviewsAndReports/Pages/TNE-Caribbean-2014.aspx> accessed 28 November 2016; Quality Assurance
Agency for Higher Education, ‘Review of UK Transnational Education Caribbean 2014’ (Quality Assurance Agency for Higher Education
2015) <http://www.qaa.ac.uk/en/Publications/Documents/TNE_caribbean_Casestudies_14.pdf> accessed 28 November 2016.
99 Ibid. An increasing “professionalisation” has been found in higher education QA mechanisms: James Williams and Lee Harvey, ‘Quality
Assurance in Higher Education’ in Jeroen Huisman and others (eds), The Palgrave International Handbook of Higher Education Policy and
Governance (Palgrave Macmillan UK 2015). There is now a considerable literature, and at least two academic journals, devoted to quality
assurance in higher education.
100 Thompson and Perkins, p. 10.
101 Ibid.
102 Ibid.
103. Jamaica Gleaner, November 8, 2017, p. 1. “Seven Programmes Accredited at UTECH.”
104 Agreement Establishing the Caribbean Community Accreditation Agency for Education and Training 2008. Anon, ‘Moves Afoot to
Enhance Accreditation Systems in CARICOM Member States’ <http://www.news.gov.tt/archive/index.php?news=9330> accessed 16
September 2016. Caribbean Area Network for Quality Assurance in Tertiary Education, ‘Report on the Scoping Study of Quality Assurance
in Tertiary Education in the Caribbean’ (Caribbean Area Network for Quality Assurance in Tertiary Education
2014)<http://www.canqate.org/Portals/0/Documents/canqate_unesco_scoping_study_2013_final.pdf> accessed 15 September 2016.
Caribbean Area Network for Quality Assurance in Tertiary Education, ‘CANQATE’ (http://www.canqate.org, No date)
<http://www.canqate.org/> accessed 15 September 2016.
105 Barnett Report, p. 11.
106 Thompson and Perkins, p. 11.
107 See Office of Quality Assurance Research and Effectiveness. “Report on Quality Assurance Processes at the Hugh Wooding Law
School”, 2016 and documents representing the process and outcomes of QA processes at UWI, Cave Hill.
108 Quality Assurance Unit. Board for Undergraduate Studies and Board for Graduate Studies and Research, “Report on the Review of
Law. 2015, p. 53.
109 The Consultants took note of a comment in Quality Assurance Unit, Board for Undergraduate Studies and Board for Graduate Studies and
Research, ‘Report of the Review of Law’ (2015) about multiple choice questions in summative assessment. It is possible to develop
sophisticated MCQs that can be used for at least parts of summative assessments, increasing the workload in developing a bank of suitable
questions, but considerably reducing the workload in the summative marking. If MCQs are used in formative assessment, but not in
summative assessment, there should be other formative assessment activities which more accurately reflect the summative assessment, so
as to preserve the constructive alignment of the course design.
111 Ibid. p. 60
112 Ibid, pp. 60-61.
113. Ibid, p. 62.
114 See for example, Quality Assurance Agency, ‘Subject Benchmark Statement: Law’ <http://www.qaa.ac.uk/en/Publications
/Documents/SBS-Law-15.pdf> accessed 28 November 2016. Federation of Law Societies of Canada, ‘Task Force on the Canadian Common
Law Degree: Final Report’ (Federation of Law Societies of Canada 2009) <http://www.slaw.ca/wp-content/uploads/2009/10/Task-
Force-Final-Report.pdfhttp://www.slaw.ca/wp- content/uploads/2009/10/Task-Force-Final-Report.pdf>. Australian Learning and Teaching
Council, ‘Learning and Teaching Academic Standards Project BACHELOR OF LAWS Learning and Teaching Academic Standards Statement
December 2010’ <http://www.cald.asn.au/assets/lists/Education/KiftetalLTASStandardsStatement2010%20TLOs%20LLB.pdf>.
115. See Bar Standards Board. The Professional Statement for Barristers
https://www/barstandardsboard.org.uk/media/1787559/bsb_professional_statement_and_competencies_2016.pdf accessed 20 November
2017.
116 Q u a lity Assurance Agency for Higher Education, ‘Cultures of Quality: An International Perspective’ (Quality Assurance Agency for Higher
Education 2015) QAA1389 <http://doc.utwente.nl/98308/1/Cultures-of-Quality-An-International-Perspective-15.pdf> accessed 28
November 2016, p 5.
117 Dennis Chung Sea Law, ‘Quality Assurance in Post‐secondary Education: Some Common Approaches’ (2010) 18 Quality Assurance in
Education 64. Inger Johanne Pettersen, ‘From Metrics to Knowledge? Quality Assessment in Higher Education’ (2015) 31 Financial
Accountability & Management 23.
118 Quality Assurance Agency for Higher Education, ‘Cultures of Quality: An International Perspective’ (Quality Assurance Agency for Higher
Education 2015) QAA1389 <http://doc.utwente.nl/98308/1/Cultures-of-Quality-An-International-Perspective-15.pdf> accessed
28 November 2016, p 7.
119 ABA “Legal Education Reform Index Factors (ABA, No. dat) <http://www.americanbar.org/advocacy/rule of
law/publications/assessments/leri.html.accessed 15 September 2016.
120. Thompson and Perkins, p. 5.
121 American Bar Association. Section of Legal Education and Admissions to the Bar. “ABA Standards and Rules of Procedure for Approval
of Law Schools.
https://www.americanbar.org/content/dam/aba/publications/misc/legal_eduation/Standards/2015/_2016_aba_standards_for_appro
val-of-law_law_schools_final.authcheckdam.pdf>accessed 21 May 2016, p. 131.
135
122 Bar Council of India, ‘Education Rules 2008’ (Bar Council of India) <http://www.barcouncilofindia.org/about/legal-education/education-
rules-2008/> accessed 20 November 2016.
123 Solicitors Regulation Authority, ‘Legal Practice Course Information Pack’ (Solicitors Regulation Authority, 1 July 2014)
<http://www.sra.org.uk/students/resources/legal-practice-course-information-pack.page> accessed 20 November 2016. The norm for
an LPC class is 1:20 or better.
124 For example: University of Toronto Faculty of Law, ‘Fact Sheet’ (University of Toronto Faculty of Law, No date)
<http://www.law.utoronto.ca/about/fact-sheet> accessed 20 November 2016: 1:11.
125 Bar Standards Board, ‘BPTC Handbook’ <https://www.barstandardsboard.org.uk/media/1791359/bptc_handbook_2016-17.pdf>
accessed 13 November 2016, p 25: 1:12 for cohorts of up to 120 students
126 Julian Webb, Stephen Vasciannie and Bernice Lake, ‘Review of the Faculty of Law, Cave Hill Campus’ (Office of the Board of
Undergraduate Studies Quality Assurance Unit 2008); Faculty of Law, University of the West Indies, ‘Response of the Faculty of Law to
the 2008 Review Report’.
127 For a description of the SCALE UP approach in the law classroom, see Debra D Burke, ‘Scale-Up! Classroom Design and Use Can
128 More than one member of the judiciary with law school teaching experience commented on their experiences and expectations of
young advocates, often positively.
129 Sylvia Henry. Centre for Excellence in Teaching and Learning. An Overview of the Post Graduate Certificat Programme. Cave Hill, 15 the
December 2017.
130 https://carilaw.cavehill.uwi.edu.
131 The Project provided funds to upgrade the user interface and to hire indexers to index over 5,000 cases between late 2015 and mid 2017..
132 For limited examples, see James R Faulconbridge and Daniel Muzio, ‘Professions in a Globalizing World: Towards a Transnational
Sociology of the Professions’ (2012) 27 International Sociology 136.
James R Faulconbridge, ‘Negotiating Cultures of Work in Transnational Law Firms’ (2008) 8 Journal of Economic Geography 497.
James R Faulconbridge and Daniel Muzio, ‘Legal Education, Globalization, and Cultures of Professional Practice’ (2009) 22 Georgetown
Journal of Legal Ethics 1335.
Nuno Garoupa, ‘Globalization and Deregulation of Legal Services’ (2014) 38, Supplement International Review of Law and Economics 77.
Janine Griffiths-Baker and Nancy J Moore, ‘Regulating Conflicts of Interest in Global Law Firms: Peace in Our Time’ (2011) 80 Fordham Law
Review 2541.
132A Miami Law “. LAWWITHOUTWALLS” (LAWWITHOUTWALLS, 2016)HTTP://lawwithoutwalls.org/accessed 2 November 2016. No Caribbean
institutions appear to have participated in this activity as yet. (
133 David Sugarman and Avrom Sherr, ‘Globalisation and Legal Education’ (2001) 8 International Journal of the Legal Profession 5.
134 See, for example, King’s College London, ‘English Law & French Law’ (King’s College London, No date)
<http://www.kcl.ac.uk/study/undergraduate/courses/english-law-and-french-law-llb.aspx> accessed 28 November 2016.
135 Flood gives a number of examples, including: Jindal Global Law School, ‘Homepage || Jindal Global Law School’ (Jindal Global Law
School, 2016) <http://jgu.edu.in/JGLS> accessed 28 November 2016; McGill University, ‘Transsystemic Legal Education | Paul-André Crépeau
Centre for Private and Comparative Law’ (McGill University, 2016) <https://www.mcgill.ca/centre-crepeau/transsystemic> accessed 28
November 2016; NYU School of Law, ‘About the Hauser Global Law School Program’ (NYU School of Law, 2016)
<http://www.law.nyu.edu/global/abouthauser> accessed 28 November 2016.
136 John Flood, ‘Legal Education in the Global Context: Challenges from Globalization, Technology and Changes in Government Regulation’
<http://www.legalservicesboard.org.uk/news_publications/latest_news/pdf/lsb_legal_education_report_flood.pdf> accessed 28
November 2016, pp 6-7.
137 Carole Silver, ‘Internationalizing US Legal Education’ (2006) 14 Cardozo Journal of International and Comparative Law 143.
138 Larry Cata Backer and Bret Stancil, ‘Beyond Colonization - Globalization and the Establishment of Programs of U.S. Legal Education
Abroad by Indigenous Institutions’ (2012) 5 Drexel Law Review 317. Carole Silver, ‘Getting Real About Globalization and Legal Education:
Potential and Perspectives for the U.S.’ (2013) <http://works.bepress.com/cgi/viewcontent.cgi?article=1024&context=carole_silver>
accessed 4 January 2016.
139 For example: Canadian Bar Association, ‘Futures: Transforming the Delivery of Legal Services in Canada’ (Canadian Bar Association
2014) <http://www.cba.org/CBA-Legal-Futures-Initiative/Reports/Futures-Transforming-the-Delivery-of-Legal-Service> accessed 21
November 2016; Hiil, ‘Law Scenarios to 2030 | Publications | HiiL’ (HiiL, 2012) <http://www.hiil.org/publication/law-scenarios-to-2030>
accessed 4 January 2016; Law Society of England and Wales, ‘The Future of Legal Services - The Law Society’
<http://www.lawsociety.org.uk/News/Stories/Future-of-legal-services/> accessed 17 February 2016
140 This is in contrast with their penetration into regions perceived as part of “Latin America” including for example the Dominican
Republic: Freshfields Bruckhaus Deringer, ‘Freshfields - Latin America and the Caribbean’ (Freshfields Bruckhaus Deringer, No date)
<http://www.freshfields.com/en/latin_america_and_the_caribbean/> accessed 24 November 2016; Dentons, ‘Latin America and the
Caribbean’ (Dentons, 2016) <http://www.dentons.com/en/global-presence/latin-america-and-the-caribbean.aspx> accessed 24 November
2016.
141 Deloittee, ‘About Deloitte CBC | Deloitte in Barbados’ (Deloitte, 2016) <https://www2.deloitte.com/bb/en/pages/about-
deloitte/articles/about-delolitte-cbc.html> accessed 24 November 2016.
Ernst & Young, ‘Ernst & Young Caribbean’ <http://www.britishcaribbean.com/files/companyprofile_ernstyoung.pdf> accessed 24
November 2016.
KPMG, ‘Office Locations | KPMG | GLOBAL’ (KPMG, 2 September 2016) <https://home.kpmg.com/xx/en/home/about/offices.html>
PricewaterhouseCoopers, ‘Our Locations’ (PwC, 2016) <http://www.pwc.com/cb/en/about-us/our-offices.html> accessed 24 November
2016.
142 Bianca Wright, ‘Legal Process Outsourcing: Caribbean Becoming Major Hub’ <http://www.nearshoreamericas.com/caribbean-legal- 143
For example, LEX Caribbean, ‘LEX Caribbean Law Offices in Barbados, Jamaica, Trinidad & Tobago and London’ (LEX Caribbean, 2016)
136
<http://www.lexcaribbean.com/> accessed 23 November 2016.
144 “Know your customer”
145 Koelle Boyce, pp. 3,39 suggests that, at least in Barbados, Jamaica and Trinidad, those areas are likely to be non-family civil law, contract
law and corporate law, with family civil law also “a significant area of practice”.
146 Koelle Boyce, pp 63 and 64. When asked to rank skills, respondents placed written communication, analytical skills and critical thinking
highest, ibid, p 64. If respondents were thinking of LLB graduates rather than LEC graduates, it is perhaps less surprising that interpersonal
skills, teamwork skills and negotiation skills were ranked lowest.
147 Koelle Boyce, p 65.
148 Susan Swaim Daicoff, ‘Working with Millennials in the Law’ [2014] Arizona Attorney 16; Jean E Wallace, ‘Work Commitment in the Legal
Profession: A Study of Baby Boomers and Generation Xers’ (2006) 13 International Journal of the Legal Profession 137.
149 Koelle Boyce, pp 65-66 reports perceptions of 33 members of the judiciary on lawyers’ state of preparedness in court.
150 Legal Profession Act, 1992, s 19.
151 Karen Nunez Tesheira, ‘Report on the Status of the Legal Profession in the Republic of Trinidad and Tobago’ (IMPACT Justice 2015), pp 17-
18.
152 Koelle Boyce, p 58 -59.
153 Ibid, p 68.
154 The main exceptions are the USA and India.
155 See the discussion in Jane Ching, ‘Pre-Qualification Work Experience in Professional Legal Education: Literature Review’ (Solicitors
Regulation Authority 2016) <http://www.sra.org.uk/sra/policy/training-for-tomorrow/resources/workplace-learning.page> accessed 30
September 2016.
156 For example: State Bar of Georgia, ‘Transition Into Law Practice Program (TILPP).’ <http://www.gabar.org/membership/tilpp/> accessed 29
November 2016.
157 American Bar Association, ‘Law Firm Incubators’
<http://www.americanbar.org/content/dam/aba/administrative/delivery_legal_services/ls_del_incubator_infographic.authcheckdam.pdf>
accessed 7 June 2016.
158 General Legal Council, ‘CLPD’ (General Legal Council, No date) <http://www.generallegalcouncil.org/clpd/> accessed 15 September 2016.
159 Anon, ‘Continuing Legal Professional Development to Become Mandatory in Caribbean’ Jamaica Observer (16 June 2016)
<http://www.jamaicaobserver.com/News/Continuing-Legal-Professional-Development-to-become-mandatory-in-Caribbean_19080853>
accessed 15 September 2016.
160 For example: Norman Manley Law School, ‘Summer Academy’ <http://nmls.edu.jm/wp-content/uploads/2016/08/Summer-Academy-
Advertisement-for-NMLS-website-2016.pdf> accessed 6 December 2016.
161 Caribbean Development Research Services, ‘Views and Opinions on Lawyers and Legal Education in the Caribbean’ (Caribbean
Development Research Services 2016), p 32.
162 Julian Webb and others, ‘Legal Education and Training Review Research Phase Literature Review’ (Legal Education and Training Review
2013) <http://letr.org.uk/literature-review/index.html> accessed 12 September 2016, chapter 5.
163 See www.generallegalcouncil.org/clpd/clpd-overview.
164 Submission by Karen Tesheira, June, 2017.
165 See www.generallegalcouncil.org.
166 Koelle Boyce, ‘Legal Education Survey: Report on Opinions of Law Students and Members of the Legal Profession’ (2016), p 32 produces a
result that 76% of the sample were in specialised areas of practice but it should be noted that the majority of the sample came from the
larger jurisdictions.
167 As the Consultants saw at least one and sometimes more members of the judiciary in each country, a slight over-emphasis on topics
relevant to litigation and advocacy is to be expected.
168 The majority of entries were suggested by respondents in the country, although occasionally respondents made suggestions for other
countries in the region.
169 See also the list of weaknesses of the legal community, disaggregated by country, in Koelle Boyce, ‘Legal Education Survey: Report on
Opinions of Law Students and Members of the Legal Profession’ (2016), pp 149-151.
170 For example a stream for those who planned to go into the public sector or streams for those who wished to pursue a career in
commercial work in, say, The Bahamas.
171 Council of Legal Education – Welcome (Council of Legal Education , No date) ,http://www.clecaribbean.com/.ACCESSED 15 September
2016.
171A See Improved Access to Justice in the Caribbean (IMPACT Justice). Report on Survey of Legal Education in CARICOM Member States
(Draft), February 2017, p. 84.
172 Ibid, p. 86.
173 In Boyce’s survey, 41% of her sample of 401 felt that “the Council of Legal Education should be responsible for accrediting lawyers
across the region” with 28% disagreeing and 31% unsure. The proportion of members of the judiciary supporting this change in role for
the council was higher, at 58%”: Koelle Boyce, ‘Legal Education Survey: Report on Opinions of Law Students and Members of the Legal
Profession’ (2016), p 104. It is possible that the high level of “unsure” responses represented those who were uncertain about what
“accrediting lawyers” might entail. It could, certainly, be rather different from accrediting law faculties, law schools or CLPD activity and
could be understood to include licensing of individual lawyers, issuing practising certificates and the like.
174 See Karen Tesheira. Status of Commonwealth Caribbean Legal Education. Summary of Issues and Recommendations. Prepared for IMPACT
137
Justice, June 12, 2017, p.17. Based on discussions with persons interviewed during survey. Also see Association of Caribbean Students for
Equal Access to the Legal profession (ACSEAL) Comments submitted to IMPACT Justice on Draft Report on Survey of Legal Education in
CARICOM Member States, November 2017; Antigua News Room, Group wants CARICOM to address unfair policy for non-UWI Law Students
27 June 2017 https://antiguanewsroom.com/news/featured/group-wants-caricom-to-address-discriminatory-policy-for-non-uwi-law-
students/accessed 10 November 2017;Guyana Chronicle. Time for Reform: Regional group petitions CARICOM Heads to address legal
education woes, 4 July 2017<https://guyanachronicle.com/2017/07/04/time-for-reform>accessed 10 November 2017; Breaking Belize
News. Law students challenge CARICOM Heads of State for equal access to legal training. 20 June 2017
https://www.breadkingbelizenws.com/2017/06/20/law-students-challenge-caricom-heads-state-equal-access-legal-training/aqccessed 10
November 2017.
175 Ibid.
176 Wooding Report, p. 1.
177 Barnett Report, para 3 B 7.
178. ACSEAL Report, p.17.
179 Ibid, p. 15.
180 www.ksl.ac.ke/images/pdf/Council-of-Legal-Educ-Advert.pdf. and www.cle.or.ke/organisational-structure/.
180A Ibid.
180B See www.nzcle.org.nz/Docs/PLSC Accreditation_Regulations_2006.pdf.
181 See Council of Legal Education Act, No. 27 of 2012. s. 3.
182 Ibid, s.8.
183 See Note 108B.
184 Ibid.
185 See publication of the Ministry of Legal Affairs News dated January 11, 2017 at www.gina.gov.gy/guyana-inks-historic-mou-for-law-school.
186 Ibid.
187 Draft Report, p. 85.
188 D. Bruce Johnstone. The Economics and Politics of Cost Sharing in Higher Education: a Comparative Perspective. 2016.
http://www.science.direct.com/science/article/pii/So272775703001171.
189 See for instance, UWI. Cave Hill Campus. Financial Information for Undergraduate Degree Programmes, 2017-2018.
189A Ibid,
190 Ibid.
189B Ibid.
190 https:// www.mona.uwi.edu.
191Awww.uog.edu.gy/tuition-fees;
192 Student Revolving Loan Fund. “National Development Scholarships 2016. ,http://www.srlfloan.edu.bb/News/National-Development-
Scholarships.aspx> accessed December 6, 2017.
193 See www,e-gate.gov.tt/gate-app/faq.htm.
194 See www.cavehill.uwi.edu/tlc/docs/tic-ad-aspx
196 Agreement Establishing the Council of Legal Education. www.cle.caribean.com/treaty.php.
197 See eugenedupuchlaw.edu.bs/prospectivestudents/tuitionand fees. The students zoned to the Eugene Dupuch Law School, in addition to
those from The Bahamas are from the British Virgin Islands and the Turks and Caicos Islands.
198 Students from Barbados, Dominica, Grenada, Guyana, St. Lucia, St. Vincent and the Grenadines and Trinidad and Tobago are zoned to the
Hugh Wooding Law School.
199 nmls.edu.jm/services-view/2year-programmes. Students from Anguilla, Antigua & Barbuda, Belize, Jamaica, Montserrat and St. Kitts and
Nevis are zoned to the Norman Manley Law School.
200 See Note 197.
201 www.hwls.edu.tt/images/pdf/notice/transitionalfees.2017.2018 pdf.
202 Ibid.
203 See Note 199.
204 CADRES Survey Report, p. 28.
205 Ibid, p. 28.
206 Koelle Boyce, p. 48. In comparing the CADRES survey with the Boyce survey it should be noted that the smaller jurisdictions of Belize,
Guyana, St. Kitts and Nevis and St. Lucia were more strongly represented in the CADRES survey. The Boyce survey, however, obtained
views from a small number of respondents from Antigua and Barbuda, The Bahamas, Dominica, Grenada, Montserrat and St. Vincent and
the Grenadines, which were jurisdictions not covered by CADRES.
207 Ibid, p. 52.
208 Government of St. Lucia. The Government of St. Lucia Approved List of Areas for National Training, 2013-2014
,http://webcache.googleusercontent.com/search?q=cache accessed 20 October 2016. However, it is also suggested that this was the case
only until 2015. See Dane Victor Elliot-Hamilton “Report on the Status of the Legal Profession in St. Lucia”, p.6.
209 Improved Access to Justice in the Caribbean (IMPACT Justice). Report on the Survey of Legal Education in CARICOM Member States (draft)
February 2017, p. 93.
210 Comment received by IMPACT Justice on November 20, 2017.
211 See Note 209.
138
139
APPENDIX 1: TERMS OF REFERENCE
For phase 4 of the survey the Consultants visited facilities and sought information and the views of those
whom they interviewed on the below, and related matters.
1. The purpose of legal education and whether a revisit the “West Indian System” to see how
thinking has changed since it was designed in the 1960s is needed.
2. Whether the existing system of legal education in the region is adequately meeting the needs of
the region, particularly having regard to:
(i) the current and projected demand for legal education opportunities and the need for the services of
legally trained persons;
(ii) the current arrangements for funding legal education and the scope for change, particularly
taking into account the prevailing and projected economic environment;
(iii) the current system of admission to the Faculties of Law, University of the West Indies
(UWI), University of Guyana (UG) and University of Technology, Jamaica (UTECH) –
- should students be required to compete through an Entrance Exam;

- should the “direct entry” system be retained;
- should the LL.B. be a post-graduate qualification as in North America?
(iv) the current system of admission to the law schools, bearing in mind:
(a) the issue of automatic entry for all UWI LLB graduates;
(b) the position of UG and UTECH LL.B. graduates;
(c) the proliferation of intra/extra-regional training opportunities; and
(d) the future of the entrance examination.
(v) The existing curricula of the UWI, UG and the Law Schools to determine relevance to the economic
development of the region;
(vi) The extent to which technology is being used at the Faculties of Law and the Law
Schools for teaching and training -
(a) is the technological infrastructure adequate, and is the requisite technical support available
to support cross-campus offerings?
(b) to what extent are courses developed and offered from one campus for the benefit of all;
(c) what is the effect of cross-campus course offerings on costs;
(d) to what extend does the use of technology prepare attorneys-at-law for utilising technology in
their work? Is there a link between use of technology at Law Schools and technology used in the
law courts of the region?
(vii) Whether the quality assurance systems in place at the Faculties of Law and Law Schools adequate?
Is there provision for external parties to comment on courses and programmes?
(viii) Whether staffing levels in the Faculties of Law and Law Schools adequate to meet teaching
and training needs?
(ix) Whether the physical facilities at the Faculties of Law and Law Schools are fit for purpose?
(x) What is the impact of globalisation on the training of lawyers and the practice of law?
139
(xi) How well equipped are new practitioners graduating from the West Indian System of Legal
Education for practice in non-traditional areas of law?
(xii) Should the Council of Legal Education be an accreditation body?
(xiii) Should regional governments continue to fund legal education and if yes, at what level?
140
Appendix 2
LEGAL EDUCATION
SURVEY
TRAVEL SCHEDULE &
MEETINGS
AUGUST 17 – SEPTEMBER
2, 2016
Date Name Travelling from Travelling to

August 17, Prof. Jane Ching Heathrow, UK – Nassau, Bahamas –
2016 BA253 at 10:25 am Arr. 2:25pm
Barbados Nassau, Bahamas via Miami –
Dr. Adrian Cummins and Mrs. Karen
AA2719 at 6:45am Arr. 3:04pm
Tesheira
AA4501 at 2:05pm
August L.E.S. TEAM Meeting: Sir Michael Barnett, Q.C., Attorney-at-
17, – MEETINGS IN THE BAHAMAS Law (former Chief Justice of the Bahamas) –
2016 5:30pm
Office of Graham Thompson Attorneys, Pineapple Grove
Offices, Suite No. 7, Lyford Cay, Nassau, Bahamas – Tel:
242-322-4130
August L.E.S. TEAM Meeting: Hon. Jerome Fitzgerald, Minister of
18, – MEETINGS IN THE BAHAMAS Education– 9:00am
2016 Ministry of Education, Thompson Boulevard,
Nassau, Bahamas – Tel: 242-356-5124/502-8298
Meeting: Hon. Allyson Maynard Gibson, Attorney
General – 10:00am
No. 18, Paul L. Adderley Building, John F. Kennedy
Drive, Nassau, Bahamas – Tel: 242-502-0483
Meeting: Mrs. Tonya Bastian-Galanis,
Principal, Eugene Dupuch Law School – 1:00pm
Legal Aid Clinic, Eugene Dupuch Law School – Tel: 242-
326-3507/8
Meeting: Hon. Mme Justice Rhonda Bain, Judge of
the Supreme Court of The Bahamas – 2:30pm
Third Floor, Supreme Court Building, Anasbacher Building,
East Street and Bank Lane, Nassau, Bahamas – Tel: 242-
397-1859/396-1873
Meeting: Dr. Peter Maynard & colleagues – 4:30pm
College of the Bahamas, Oakes Field, Nassau, Bahamas –
Tel: 242-325-5335/302/4300
August 19, Prof. Jane Ching, Dr. Adrian Cummins Nassau, Bahamas Kingston, Jamaica -
2016 and Karen Tesheira BW415 at 2:30 pm Arr. 2:55pm
August Mrs. Karen
L.E.S. TEAMTesheira Meeting: Sen. the Hon. Ruel Reid, C.D.,JP
20, – MEETINGS IN JAMAICA ,Minister of Education – 9:00am
2016 Ministry of Education, National Heroes Circle, Kingston
4, Jamaica – Tel: 876-922-1400
Meeting: Dr. Leighton Jackson, Dean of Law,
UWI, Mona Campus – 11:00am
The Dean’s Office, Faculty of Law, UWI Mona Campus, 6
Gibraltar Hall Road, Kingston 7, Jamaica
141
August Meeting: Mr. Alfred McPherson, Dean, Faculty of
21, L.E.S. TEAM Law, UTECH– 3:30pm
2016 – MEETINGS IN JAMAICA Dean’s Office, Faculty of Law, University of Technology, 237
Old Hope Road, Kingston 6, Jamaica
August L.E.S. TEAM Meeting: Ms. Carol Aina, Principal, Norman
22, – MEETINGS IN JAMAICA Manley Law School– 9:00am
2016 Norman Manley Law School, Mona Campus, Kingston 7,
Jamaica Tel: 876-927-1235
Meeting: Mr. Jordan Clarke, President, Student
Association – 10:00am
Norman Manley Law School, Mona Campus, Kingston 7,
Jamaica – Tel 876-927-1235
Meeting: Sir Hilary Beckles, K.A., Vice Chancellor,
The University of the West Indies – 11:00am
Office of the Vice Chancellor, UWI, Regional Headquarters
Building, Hermitage Road, Mona, Jamaica – Tel: 876-927-
1660-9 (2336/2339)
Meeting: Mr. Donovan Walker, Immediate Past
President of
the Jamaica Bar Association – 1:00pm
Hart Muirhead Fatta, VMBS Building, 53 Knutsford
Boulevard, Kingston 5, Jamaica Tel- 876-929-9677
August 23, L.E.S. TEAM Meeting: Hon. Delroy Chuck, Q.C., M.P., Minister of
2016 – MEETINGS IN JAMAICA Justice–9:00am
Commerce Gate, 61 Constant Spring Road, Kingston 10,
Jamaica Tel: 876-906-4923-31
August 23, Prof. Jane Ching, Dr. Adrian Cummins Kingston, Jamaica Miami, USA (overnight) -
2016 and Mrs. Karen Tesheira AA1548 at 1:59pm Arr. 4:55pm
HOTEL: Miami International Airport Hotel - Concourse E
August Prof. Jane Ching, Dr. Adrian Cummins Miami, USA Antigua
24, 2016 and Mrs. Karen Tesheira AA2405 at Arr. 1:27pm
HOTEL: Ocean Point Resort & Spa – Hodge’s Bay, 10:07am
St. John’s, Antigua
August L.E.S. TEAM Meeting: Hon. Steadroy Benjamin, Attorney
25, – MEETINGS IN ANTIGUA General – 10:00am
2016 Office of the Attorney General and Ministry of Legal Affairs,
Government Complex, Parliament Drive, St. John’s, Antigua
and Barbuda – Tel: 268-462-0017
Meeting: Hon. Mme Justice Clare Henry, Senior
Resident Judge – 2:30pm
High Court Registry, High Court of Antigua and Barbuda,
Parliament Drive, St. John’s, Antigua and Barbuda – Tel:
268-462-0609
Meeting: Ms. Ann Henry, Q.C., Attorney-at-Law
and Mrs. Debra Burnette, President, Antigua and
Barbuda Bar Association-4:00pm
Henry & Burnette, Attorneys-at-Law, 13 Church Street, St.
John’s, Antigua and Barbuda- Tel: 268-462-0609
August L.E.S. TEAM Meeting: Hon. Michael Browne, Minister of
26, – MEETINGS IN ANTIGUA Education – 9:30am
2016 Ministry of Education, Government Office Complex, Queen
Elizabeth Highway, St. John’s, Antigua and Barbuda – Tel:
268-462-4959
August Prof. Jane Ching, Dr. Adrian Cummins Antigua Montserrat
26, 2016 and Mrs. Karen Tesheira FlyMont 307 at 4:00pm Arr. 4:20pm
HOTEL: Olveston House Restaurant and Guest House – Olveston, Montserrat
August L.E.S. TEAM Meeting: Hon. Sheree Jemmotte, Acting Attorney
27, – MEETINGS IN MONTSERRAT General-9:00 am
2016 Attorney General’s Office, Brades, Montserrat Tel: 664-491-
4686
142
Meeting: Ms. Chivone Gerald, President,
Montserrat Bar Association – 11:00am
Allen Markham & Associates, 100 Banks Estate, Banks,
Montserrat - Tel: 664-491-2498/ 664-4896-5273 (cell)
August 27,Prof. Jane Ching, Dr. Adrian Cummins Montserrat St. Kitts
2016 and FlyMont 108 at 4:40pm Arr. 8:30pm
Mrs. Karen Tesheira LI526 at 8:00pm
August Dr. Noel Watson Jamaica St. Kitts via Miami
28, 2016 AA1340 at 6:00am Arr. 2:28pm
AA318 at 11:26am
HOTEL: Ocean Terrace Inn – Wigley Avenue, Fortlands, St. Kitts

August L.E.S. TEAM Meeting: Mr. Charles Wilkin, CMG, Q.C., Immediate
29, – MEETINGS IN KITTS AND Past President, Bar Association of St. Kitts and
2016 NEVIS Nevis–9:00am
Kelsick Wilkin & Ferdinand, Attorneys-at-Law, Fred Kelsick
Building, Independence Square South, Basseterre, St. Kitts
and Nevis -Tel: 869-465-2440/2645
Meeting: Mr. Emile Ferdinand, Q.C., Attorney–at-
Law – 9:00am
Kelsick Wilkin & Ferdinand, Attorneys-at-Law, Fred Kelsick
Building, Independence Square South, Basseterre, St. Kitts
and Nevis -Tel: 869-465-2440/2645
Meeting: Hon. Vincent Byron, Attorney General –
1:30pm
Attorney General’s Chambers, 2nd Floor, Room 108,
Government Headquarters, Church Street, Basseterre, St.
Kitts and Nevis -Tel: 869-465-2127
Meeting: Hon. Shawn K. Richards, Minister of Education
– 4:00pm
Ministry of Education, Church Street, Basseterre, St. Kitts
and Nevis (building opposite Government Headquarters)
Tel: 869-467-1112
August L.E.S. TEAM Meeting: Ms. Dahlia Joseph-Rowe, President of the Bar
30, – MEETINGS IN KITTS AND Association of St. Kitts and Nevis – 8:30am
2016 NEVIS Ocean Terrace Inn -Tel: 869-469-1015
August Prof. Jane Ching, Dr. Noel Watson, Dr. St. Kitts Dominica
30, 2016 Adrian Cummins and Mrs. Karen LI315 at 2:55pm Arr. 6:30pm
Tesheira LI523 at 5:10pm
HOTEL: Fort Young Hotel – Victoria Street, Roseau, Dominica
August L.E.S. TEAM Meeting: Hon. Levi Peter, Attorney General –
31, – MEETINGS IN DOMINICA 3:00pm
2016 Chambers of the Attorney General, 3rd Floor, Financial
Centre, Kennedy Avenue, Roseau, Dominica Tel: 767-266-
3006
Meeting: Ms. Mary Auriel Roberts, President of the
Dominica Bar Association – 1:00pm
Prevost & Roberts Chambers, Prevo Cinemall, Corner of
Kennedy and Old Street, Kennedy Avenue, Roseau, Dominica
Tel: 1 (767)-448-5832
Meeting: Ms. Joan Prevost, Attorney-at-Law –
2:00pm
Prevost & Roberts Chambers, Prevo Cinemall, Corner of
September L.E.S. TEAM Kennedy and
Meeting: Old
Ms. Street,
Gina Dyer, Attorney-at-Law –
1, 2016 – MEETINGS IN DOMINICA Kennedy Avenue, Roseau, Dominica Tel: 1 (767)-448-5832
11:30am
Dyer & Dyer Chambers, 19 Fields Lane, Roseau, Dominica
Tel: 767-448-2617
September Prof. Jane Ching Dominica London, UK (via Antigua -
1, 2016 WM908 at 5:25pm 6:25pm)
BA2256 at 9:40pm Arr. Sept. 2 at 10:35am
Dr. Noel Watson, Dr. Adrian Cummins Dominica Barbados
and Mrs. Karen Tesheira LI523 at 6:55pm Arr. 8:00pm
143
September Dr. Noel Watson Barbados Jamaica
2, 2016 BW414 at 6:00am Arr. 9:45am
BW414 at 7:50am
OCTOBER 17 th –
NOVEMBER 8th 2016
Date Name Travelling from Travelling to
th
October 16 Prof. Jane Ching London Gatwick, Bridgetown, Barbados –
UK - Virgin VS29 Arrive: 3:05 pm
Dr. Noel Watson at 11:05 am
Jamaica Bridgetown, Barbados
BW415 at 4:05 pm Arrive: 9:45 pm
HOTEL: Savannah Beach Hotel
October L.E.S. TEAM Meeting: Ms. Jennifer Edwards, Q.C., Solicitor General
17th – MEETINGS IN BARBADOS 1:30 pm
Office of the Solicitor General, Webster Business Park, Wildey, St.
Michael Tel: 246-535-7528
October L.E.S. TEAM Meeting: Dr. David Berry, Dean, Faculty of Law, UWI, Cave
18th – MEETINGS IN BARBADOS Hill9:00 am
Lounge, Faculty of Law, The University of the West Indies Tel:
246-417-4216
Meeting: Ms. Vern Ashby, President of the Law Society,
Faculty of Law, UWI, Cave Hill Campus- 11:00 am
Lounge, Faculty of Law, The University of the West Indies Tel:
246-235-4868
Meeting: The Hon. Sir Marston Gibson, K.A., Chief
Justice -1:30 pm
Chief Justice’s Chambers, Supreme Court Complex, White Park
Road, St. Michael Tel: 246-426-4670
Meeting: Beverley, Lady Walrond, Attorney-at-Law – 3:30
pm
Radstan Court, Chapman Street, St. Michael Tel: 246-230-8841
October L.E.S. TEAM Meeting: Magistrate Christopher Birch, Acting Chief
19th – MEETINGS IN BARBADOS Magistrate – 9:00 am
District C (St. Matthias) Magistrates Court, St. Matthias, Christ
Church Tel: 246-228-4701
Meeting: Ms. Liesel Weekes, President, Organisation of
Commonwealth Caribbean Bar Associations, and Barbados Bar
Association-11:30 am
Aegis Chambers, Lucas Street, Bridgetown, St. Michael Tel: 246-
429-5200
October Prof. Jane Ching, Dr. Adrian Barbados – St. Lucia
19th Cummins and LIAT LI768 at 6:20 pm Arrive: 7:05 pm
Dr. Noel Watson
October St. Vincent St. Lucia
19th Mr. Allan Burnett LIAT LI756 at 3:40 pm Arrive: 4:10 pm
HOTEL: Blu Hotel
October L.E.S. TEAM Meeting: Ms. Mary Charles, President of the St. Lucia Bar
20, 2016 – MEETINGS IN ST. LUCIA Association- 8:30 am
17 High Street, Castries, St. Lucia (two building below Dr. Freezers
Restaurant) Tel: 758-451-2326 (w) / 758-285-2326 (c)
Meeting: Hon. Chief Justice Dame Janice Pereira, DBE,
Chief Justice of the Eastern Caribbean Supreme Court- 10:00
am
Eastern Caribbean Supreme Court, 2nd Floor Heraldine Rock
Building, Castries, St. Lucia Tel: 1-758-457-3600 /457- 3631
(direct)
Meeting: Hon. Madam Justice Roslyn Wilkinson, High
Court Judge – 12 Noon
Justice Wilkinson’s Chambers, Commercial Court, La Place,
Carenage, Jeremy Street, Castries, St. Lucia Tel: 758-468-7511
144
Meeting: Mr. Jayde Jean, Judicial Assistant – 2:30 pm
Eastern Caribbean Supreme Court, 2nd Floor Heraldine Rock
Building, Castries, St. Lucia
Tel:758-452-0161 (w)/ 758-720-2524 (c)
Meeting: Beverley Francis, Director-Human Resource

Development – 4:00 pm
Ministry of Education, Innovation, Gender Relations &
Sustainable Development 4th Floor, Francis Compton Building,
The Waterfront, Castries, St. Lucia Tel: 758-468-5231/5229
October Prof. Jane Ching, Dr. Adrian St. Lucia LIAT LI771 at 7:30 St. Vincent Arrive: 9:45 am
21st Cummins, Dr. am
Noel Watson
HOTEL: Mariners Hoteland Allan Burnett
October L.E.S. TEAM Meeting: Hon. Judith Jones-Morgan, Attorney General of
21st – MEETINGS IN ST. St. Vincent – 11:00 am
VINCENT AND THE Office of the Attorney General, Corner Granby and Sharpe
GRENADINES Streets, Kingstown, St. Vincent and The Grenadines
Tel: 784-457-2807/ 784-456-2956
Meeting: Ms. Karen Duncan, (Student sponsored by IMPACT
Justice in LLM Legislative Drafting Programme at UWI) – 12
Noon
Office of the Attorney General, Corner Granby and Sharpe
Streets, Kingstown, St. Vincent and the Grenadines
Tel: 784-456-1762
Meeting: Ms. Rene Baptiste, President, Bar Association -1:30
pm
Baptiste & Co. Law Firm Inc., 92 Granby Street, Methodist
Commercial Building Kingstown, St. Vincent and the Grenadines.
Tel: 784-457-2524
Meeting: Hon. St. Clair Prince, Minister of Education –
3:30pm Ministry of Education, Halifax Street, Kingstown, St.
Vincent and the Grenadines. Tel: 784-457-1104
Meeting: Justice Kathy-ann Waterman-Latchoo, Resident
Judge, St. Vincent – 5:30 pm
High Court, Bedford Street, Kingstown, St. Vincent
Tel: 784-451-2945
October L.E.S. TEAM
nd
22 – MEETINGS IN ST.
VINCENT AND THE
GRENADINES
October Prof. Jane Ching, Dr. Adrian St. Vincent LIAT LI726 at 4:40 Grenada Arrive: 9:10 pm
23
rd Cummins, Dr. pm
Noel Watson and Allan Burnett
HOTEL: Coyaba Hotel
October L.E.S. TEAM Meeting: Ms. Thandiwe Lyle, Attorney-at-Law – 8:30

24th – MEETINGS IN GRENADA am Law Office of Alban M. John, Donovan House, Scott
Street, St. George’s, Grenada
Tel: 473-435-2710 (w)/ 473-442-8574(h)
Meeting: Ms. Cecilia Edwards, Q.C., Attorney-at-Law-
10:30 am
Law Office of George E.D. Clyne, Old Fort, St. George’s,
Grenada. Telephone: (473)-405-5601 – cell/ (473)-
440-2545 – office/(473)-444-5601 – home
Meeting: Mr. Ruggles Ferguson, President of the OECS Bar
Association and President of the Grenada Bar Association– 12
Noon
Ciboney Chambers, 7H Blaize Street, St. George’s Grenada
Tel: 473-440-2707
145
Meeting: Mrs. Michelle Peters-George, Deputy Chief
Education Officer (Examinations) – 2:30 pm
Ministry of Education and Human Resource Development,
Botanical Gardens, St. George’s, Grenada
Tel: 473-440-3162/2166/2737
Meeting: Hon. Justice Shiraz Aziz, Judge, High Court- -
4:00 pm Court No. 1, Supreme Court Building, Carenage, St.
George’s, Grenada Tel: 473-440-3364
October L.E.S. TEAM
26th – MEETINGS IN GRENADA
October 26th Prof. Jane Ching and Dr. Noel Grenada Guyana via Barbados
Watson LIAT LI772 at 12:50 pm Arrive: 8:30 pm
Dr. Adrian Cummins Grenada Barbados
LIAT LI772 at 12:50 pm Arrive: 1:45 pm
Mr. Allan Burnett Grenada St. Vincent
LIAT LI727 at 1:55 pm Arrive: 4:00 pm
Ms. Karen Tesheira Trinidad Guyana
BW483 at 8:25 Arrive: 9:35 pm
HOTEL: Pegasus Hotel Guyana
October L.E.S. TEAM Meeting: Hon. Madam Justice Roxanne George and
27th – MEETINGS IN GUYANA Madam Justice Jo-Ann Barlow , High Court Judges- 11:00
am
High Court, 1 Avenue of the Republic, Georgetown.
Tel: (592) 226-7947
Meeting: Rudolph James, Representative of the Head of the
Department of Law-1:30pm
Mr. James’ Office, Department of Law, The University of
Guyana, Turkeyen Campus, Georgetown, Guyana –
Tel: 592-652-8473/ 600-8754/ 222-4946
October L.E.S. TEAM Meeting: Professor Ivelaw Lloyd Griffith, Vice Chancellor
28, – MEETINGS IN GUYANA and Principal- 9:00 am
2016 Vice Chancellor’s Office, The University of Guyana, Turkeyen
Campus, Georgetown, Guyana – Tel: 592-222-3583
Meeting: Ms. Sandra Bart, Legal Officer, CARICOM
Secretariat – 11:00 am
CARICOM Secretariat, Greater Georgetown, Guyana
Tel: 592-0001 Ext: 2417
Meeting: Hon. Dr. Rupert Roopnarine, Minister of
Education-1:15 pm
Ministry of Education, 26 Brickdam, Stabroek, Georgetown,
Guyana Tel: 592-225-4163
Meeting: Hon. Basil Williams, Attorney General of Guyana –
2:30 pm
Attorney General’s Chambers, 95 Carmichael Street, Georgetown,
Guyana Tel: 592-227-7254/592-226-2616
October L.E.S. TEAM
29, – MEETINGS IN GUYANA
2016 29,
October Guyana LIAT LI512 at 2:55 pm Trinidad Arrive: 8:35 pm
2016 Dr. Noel Watson
October 30, Guyana Caribbean Airlines Trinidad Arrive: 11:50 am
Prof. Jane Ching and Mrs. Karen
2016 BW600 at 10:40 am
Tesheira
HOTEL: Hilton Trinidad and Conference Centre
October L.E.S. TEAM Meeting: Prof. Rose-Marie Belle Antoine, Dean, Faculty of
31st – MEETINGS IN TRINIDAD Law, UWI, St. Augustine – 1:30pm
The Dean’s Office, Faculty of Law, The University of the West
Indies, St. Augustine, Trinidad
Tel: 868 662 2002 (ext. 82039)
November L.E.S. TEAM Meeting: Justice Adrian Saunders, Judge of the Caribbean
1st – MEETINGS IN TRINIDAD Court of Justice- 9:00 am
Justice Saunders’ Chambers, Caribbean Court of Justice , 134
Henry Street, Republic of Trinidad and Tobago
Tel: 623-223-1060 Ext-3234
146
Meeting: Mrs. Cheryl-ann Jerome Alexander, Acting
Principal – 12:00pm
Hugh Wooding Law School, Gordon Street, St. Augustine, Port of
Spain, Trinidad- Tel: 868-662-5860/5835/1994/7878
Meeting: Nicole Marajh, President, Student Representative
Council, Hugh Wooding Law School-1:30pm
Hugh Wooding Law School, Gordon Street, St. Augustine, Port of
Spain, Trinidad- Tel: 868-662-5860/5835/1994/7878
November Trinidad BW456 at 7:50 am Jamaica Arrive: 11:45 am
2nd Dr. Noel Watson
November L.E.S. TEAM
2nd – MEETINGS IN TRINIDAD
November Meeting: Mr. Ian Macintyre, S.C., Chief Parliamentary

3rd Counsel- 10:00 am
Office of the Chief Parliamentary Counsel, Ministry of the
Attorney General, 24 – 27 St. Vincent Street
Port of Spain, Trinidad and Tobago. Tel: (868) 223-2452
Meeting: The Honourable Justice Ivor Archie, Chief
L.E.S. TEAM Justice – 1:30p.m
– MEETINGS IN TRINIDAD Location: Chief Justice’s Chambers, 3rd Floor Hall of Justice,
Knox Street, Port of Spain. Tel: (868) 223-1060 Ext 2392
Meeting: Ms Jolie Rajah, Law Librarian, UWI, St. Augustine –
3:30 pm
Room 403, 4th Floor, Social Sciences Division, Alma Jordan
Library, UWI, St. Augustine, Trinidad-
Tel: 868-662-2002 Ext-82276
November Prof. Jane Ching and Mrs. Karen Trinidad Belize
4th Tesheira COPA CM315 at 6:08 am Arrive: 1:11 pm
HOTEL: Best Western Belize Biltmore Hotel
November L.E.S. TEAM Meeting: Hon. Vanessa Retreage, Attorney General of Belize-
7th – MEETINGS IN BELIZE 11:00am
Attorney General’s Office - # 8 Albert Street, Cor. King & Albert
Streets, (3rd Floor), Belize City Tel: 501-828-5256
Meeting: Ms. Jacqueline Marshalleck, Attorney-at-Law and
Immediate Past President of the Belize Bar Association- 1:30pm
Top floor of the Belize Insurance Center, 212 North Front Street.
The building is opposite the “Ministry of Housing” and a store
called “Mirab". Tel: 501-610-2956
Meeting: The Hon. Justice Courtney Abel, High Court
Judge – 3:30 pm
Judge’s Chambers, Supreme Court of Belize, Regent Street,
Belize City, Belize Tel: 501-227-4387
November Ms. Karen Tesheira Belize COPA CM281 at 2:01 Trinidad Arrive: 11:32 pm
8th pm
November Meeting: Hon. Justice Kenneth Benjamin, Chief Justice-
8th 1:30pm
L.E.S. TEAM Chief Justice’s Chambers, Supreme Court of Belize, Corner of
– MEETINGS IN Belize
Treasury Lane and Regent Street, Belize City, Belize
Tel: 501-227-4387
November Prof. Jane Ching Belize London, UK
9th AA4742 at 1:16 pm Arrive: 11:00 am (Nov. 10)
147
APPENDIX 3: FRAMEWORK FOR QUALITY ASSURANCE
The Quality Indicators What exists Comment Requirements Initiative Timelines for
currently – on (priority 3-4) led by development/reporting
documentation Strength(s) to achieve progress
and/or practice /Changes needed
identified changes
as needed,
and by
whom
NEEDS ASSESSMENT LINKED TO DECISION MAKING
Needs served by legal education in the
CARICOM region –
 There is empirical research on

the context and needs of legal
education and training in the
respective jurisdictions,
CARICOM, the wider
Caribbean and internationally.
 There is a mechanism for
using such research findings
to enhance decision making
on measures needed to
continuously enhance legal
education
VISION, MISSION
The Vision and Mission: Fitness for
purpose and fitness of purpose –
 There is strategic alignment

with the CARICOM HOG vision
for legal education in the
Caribbean

with the Council for Legal
Education vision for legal
education in the Caribbean

with The institutions’ vision
for legal education in the
Caribbean
 The Vision and Mission are

responsive to the reasonable
requirements/needs of the
populations being served
GOALS AND OBJECTIVES

currently – on to achieve led by development/reporting
documentation Strength(s) needed progress
and/or practice /Changes changes
identified
as needed,
and by
whom
148
Goals & Objectives
 The programme has clearly

stated goals and objectives
 The goals and objectives are

relevant and otherwise
appropriate to the level or
phase of legal education

benchmarked as relevant to
the CARICOM context and
provide education and
training relevant to the
Caribbean and determined
international contexts

responsive to the
legitimate/reasonable
requirements/needs of the
learners and other
populations being served
currently – on to achieve led by development/report-ing
identified
as needed,
and by
whom
LEARNING/TRAINING OUTCOMES
Learning Outcomes
 Learning outcomes address

the changing
requirements/needs of
education and training in the
respective CARICOM
jurisdiction, as validated by
key stakeholders (e.g.
employers, CLE, learners,
clients, professional bodies,
regulators)
 The programme has clearly

stated learning outcomes
(skills, attitudes, knowledge)
reflecting its goals and
objectives
 The learning outcomes are

linked clearly to the ultimate
goal of legal education
 Learning outcomes are

stated as
measurable/verifiable
currently – on to achieve led by development/report-ing
149
identified
as needed,
and by
whom
PROGRAMME CONTENT
Programme Structure and Content
 Programme structure and

content are appropriately
aligned with programme
goals and outcomes
 Programme content and

structure are aligned with
entry requirements, and
the required progression
 Entry requirements are

appropriate to the
benchmark for the
respective programme level
 The scope and depth/level

of content are in keeping
with principles/tenets for
effectiveness in teaching
and learning, and
particularly with developing
competence in
professional/legal
education

content reflect at least
good practice in the
respective field

content integrate
specifically and clearly
critical learning required for
high quality professional
practice
 Programme content
supports the value of at
least a basic level of
competence in the use of
modern technology
 Mechanisms for reviewing

and revising programme
structure and content are
documented, disseminated
to all parties, scheduled as
agreed, and produce
constructive results
The Quality Indicators What exists Comment on Requiremen Initiative Timelines for
currently – Strength(s) ts to achieve led by development/reporting
documentation /Changes needed progress
150
and/or practice identified as changes
needed, and
by whom
STRATEGIES FOR TEACHING/TRAINING AND LEARNING
Strategies for Teaching and Learning
 The underpinning
philosophy espouses
learning demonstrated
through competence, as
the ultimate goal
 Teaching/facilitation
strategies are deliberately
designed to promote deep
learning, critical thinking
and problem solving
designed to promote
transfer of learning
strategies are appropriately
varied and do not rely
overly on didactic methods
strategies make
constructive use of modern
technology to assist
learning
strategies assist
learners/trainees to
develop lifelong learning
techniques and
propensities
strategies reflect variety in
keeping with a philosophy
that respects multiple
intelligences, learning styles
and teaching styles
The Quality Indicators What exists Comment on Require- Initiative led Timelines for
currently – Strength(s) ments to by development/reporting
documentation /Changes achieve progress
and/or practice identified as needed
needed, and changes
by whom
LEARNER ASSESSMENT
Learner Assessment (align the
assessment criteria here closely with
the criteria stated for teaching
strategies, to promote their critical
interrelatedness)
 The underpinning learner

assessment philosophy and
policy espouse learning and
151
competence as the ultimate
goal
 Learner assessment
designed to promote deep
learning, critical thinking
and problem solving
designed to promote
transfer of learning
strategies assist
learners/trainees to
develop lifelong learning
techniques and
propensities
 Learners are informed

clearly about the criteria
used to assess their
performance in all
assessment activities, to
the extent that all
assessment – diagnostic,
formative or summative –
ultimately aims to improve
performance
 Assessment feedback from

facilitators/teachers/trainer
s is timely, constructive and
supports achieving the
learning outcomes
 Assessment activities are

authentic and therefore are
effective in measuring what
is intended
The Quality Indicators What exists Comment on Requiremen Initiative led Timelines for
currently – Strength(s) ts to achieve by development/report-ing
needed, and
by whom
LEARNER/TRAINEE/ PROFILE
Learner /Trainee Profile
 There is a rigorous
mechanism for collecting
information on
learners/trainees and
prospective learners (e.g.
vital statistics, learning
profiles/characteristics)
 Information on
learners’/trainees (e.g.
entry characteristics,
learning aptitudes etc.) is
152
used to maintain and
enhance programme
standards, and to shape
decision making on
content, teaching, training,
learning, assessment,
research and outreach
 Information on graduate
career choices,
opportunities and
outcomes, is
collected/sourced and used
to shape decision making
on content, teaching,
training, learning,
assessment, research and
outreach
 Information on
learners/trainees and
prospective learners (e.g.
vital statistics, learning
profiles/characteristics) is
used for reasonable
customization of student
advising and other student
support services
needed, and changes
by whom
RESOURCES FOR LEARNING
Resources for Learner/Trainee
learning
 Academic staff are

appropriately qualified and
trained in delivery,
assessment and facilitation
 Internship/placement
supervisors are
appropriately qualified and
trained in assessment and
facilitation
 Technical and support staff

are appropriately trained to
support the requirements
of teaching and learning
 There is adequate space of

good quality to support the
requirements of teaching/
training/learning, research
 There is adequate
equipment of good quality
to support the
153
technological requirements
of
teaching/training/learning,
research, in multiple modes
(e.g. online delivery)
 The Law Library is stocked

with an adequate number
of texts and provides easy
access to electronic
resources
 The stock of texts is

appropriately current such
as to support the
requirements of
teaching/training/learning,
research
needed, and changes
by whom
LEARNER FEEDBACK
Learner/Trainee Feedback
 There is a disseminated
policy articulating the
importance of
learner/trainee feedback
on key aspects of
teaching/training/
learning/research/outreach
 There are no risks to

learners who provide
feedback
 There are structured

mechanisms for securing
learner feedback
 There are valid, consistently

applied mechanisms for
securing learner feedback,
and learners are
encouraged to use these

mechanisms for analysing
learner feedback

mechanisms for
disseminating learner
feedback
 The programme uses

learner feedback to
improve its outcomes
154
needed, and changes
by whom
LEARNER/LEARNER/TRAINEE SUPPORT
Learner/Trainee Support
policy articulating the
importance of
learner/trainee support
 Information on
learners/trainees is used to
shape the kinds of learner
support available
consistently to learners
 There are avenues for

learners to seek support in
issues relating to teaching/
learning/training/ research
and outreach
 Faculty and supervisors/

facilitators/trainers/counsel
lors are trained and
prepared to offer
constructive learner
support within their
respective purviews
 There is specialist support

available to learners who
require it (e.g. learner
welfare - psychological
counselling; stress
management; financial
support)
 There are no risks to

learners who access
specialist support services
needed, and changes
by whom
ETHICS AND PROFESSIONALISM
Ethics and Professionalism
 Code(s) of professional
conduct are articulated and
disseminated to all
stakeholders
 Mechanisms for
compliance are articulated
clearly and disseminated to
all stakeholders
 Programme content infuses
155
ethical principles and
professionalism into
teaching/training/learning
based on specific
learning/programme
outcomes
 Stakeholders are required

to demonstrate compliance
with ethical and
professional standards
 The consequences of non-

compliance are articulated
clearly and disseminated to
all stakeholders
 The consequences of non-

compliance are applied
reasonably and consistently
The Quality Indicators What exists Comment on Requirements Initiative Timelines for
currently – Strength(s) to achieve led by development/reporting
needed, and
by whom
EXPERIENTIAL/WORK-BASED LEARNING/TRAINING
Experiential/Work-based
Learning
tenets for work-based
elements of the
programme
(internships/
clerkships/placements/
work shadows/
apprenticeships)align
with best practice in
legal education and
training
 The work-based
elements of the
programme are
supported by a
documented set of
agreed goals and
objectives, in keeping
with the requirements
of the CLE, respective
law schools and other
institutions
 There are clear,

disseminated
procedures for the
conduct of work-based
programmes
 The specific
learning/training
activities demonstrate
156
a consistently
appropriate standard
across the range of
placement sites and
learners
 The assessment of
learners in work-based
elements of the
programme is
supported by a
documented set of
agreed goals and
objectives, in keeping
with the requirements
of the CLE, respective
law schools and other
institutions
 The specific
assessment activities
demonstrate a
consistently
appropriate standard
across the range of
placement sites and
learners/trainees
 Learners are informed

of the assessment
criteria
policy for collaboration
between the
education/training
bodies/institutions,
placement sites and
the supervisors of
trainees, on the
learning activities, the
assessment of learners,
and the overall
evaluation of the
training activity
needed, and
by whom
QUALITY OF ACADEMIC STAFF
Quality of Academic Staff
 Faculty possess the

requisite qualifications
and experience
 The department
possesses current,
electronic copies of all
curriculum vitae in the
157
required format
philosophy and
mechanisms for
professional
development
affirm/align with the
tenets for good/best
practice in legal
education (e.g.
training in the
pedagogy and specific
approaches in
andragogy; technology
applications;
involvement in
continuous
professional
development)
 Faculty/trainers/super
visors use
opportunities available
for professional
development that
supports the
programme outcomes

Faculty/trainers/super
visors exhibit
consistently at least
good practices in
teaching/facilitation
 Faculty/trainers/super
visors are in
compliance with the
code of professional
conduct
 There are clear and

disseminated
opportunities for
faculty/trainers to
contribute to decision
making on teaching,
training, learning,
assessment, research
and outreach
needed, and by
whom
QUALITY OF ADMINISTRATIVE AND TECHNICAL SUPPORT STAFF
Quality of Administrative and
Technical Support Staff
 Support staff possess the

158
requisite qualifications and
experience
 The department possesses

current, electronic copies of
all curriculum vitae in the
required format
 The underpinning philosophy

and mechanisms for
professional development
affirm/align with the tenets
for good/best practice in legal
education (e.g. training in the
required aspects of office
administration,
confidentiality; technology
applications; continuous
professional development in
ethics and professionalism,
budgeting etc.; participation
in relevant seminars and
workshops)
 Support staff use

opportunities available for
professional development
that supports the programme
outcomes
 There are clear and

disseminated opportunities
for support staff to contribute
to decision making
 There is security of tenure

and conditions of service such
as to support continuity and
productivity
identified
as needed,
and by
whom
RESEARCH AND OUTREACH
Research and Outreach
 There is a clear policy that

supports a culture of research
and outreach
 There are disseminated

mechanisms to support the
research and outreach
interests and work of staff
and learners/trainees (e.g.
training in grant funding,
action research; support to
participate in
159
conferences/workshops etc.)
 There are opportunities

permitted for research
collaboration between staff
and learners/trainees
 There are mechanisms to

show the use and usefulness
of research conducted (e.g.
stakeholder collaboration to
solve problems, enhancement
of teaching resources created,
conference papers,
publications)
 Opportunities are permitted

to disseminate findings of
empirical research
 There are mechanisms to

recognize formally the
contributions of staff and
students to research and
outreach
identified
as needed,
and by
whom
GRADUATE ACHIEVEMENT
Graduate Achievement
 There is disseminated policy

and practice to obtain
feedback from graduates on
their learning experience
 Feedback from graduates is

used to inform decision
making on teaching/
training/learning/research &
outreach
 There is a structured
mechanism with
graduates/alumni
identified
as needed,
and by
whom
QUALITY ASSURANCE
Quality Assurance
 The institution is authorised

by a competent body
160
 There are disseminated
mechanisms for internal
quality assurance, and these
are implemented consistently
 Standards for licensing and

accreditation are defined
clearly by the responsible
body
 Standards for licensing and

accreditation are
benchmarked appropriately
 The institution is initially

licensed and accredited by an
external evaluation process
based on rigorous,
transparent, and
internationally accepted
quality standards
 Clear disciplinary procedures

are in place for failure to
comply with established
quality assurance standards
 Stakeholder Satisfaction is
measured in a structured
way, consistently
 Information gathered as a
result of quality assurance
initiatives is used
constructively to enhance
teaching/training, learning,
research, outreach, and the
overall organizational profile
161
APPENDIX 4: LL.B ADMISSION CRITERIA
Institution English APEL/ General admission General admission LLB LLB admission
mature GSEC/Olevel CAPE/A level admission CAPE/A level
entrance GSEC/o Lev.
UG For LLB:  Five subjects of which at least two must be at At least 2 CAPE
English the GCE Advanced level/or two Unit 2 CAPE, subjects (each
Language and the remainder at CSEC General must include
grade I or Proficiency/GCE Ordinary Level, other than the Units 1 & 2, or 2
II (CSEC) or subjects obtained at the A level or CAPE. GCE ‘A’ level
grade A or English Language, and in designated subjects
B (GCE ‘O’ programmes, Mathematics, must be among
Level). the subjects obtained.
OR
 A minimum of five (5) CSEC General
Proficiency subjects (Grades I, II or III) or five
(5) passes at GCE ‘O’ Level (Grades A – C) ,
including English Language, the subject(s)
required for the pursuit of the specific major,
and Mathematics for designated
programmes.
College of Mature  Five BGCSEs or equivalent passes including English

the Students and Mathematics with 'C' grades or higher.
Bahamas must be at
least 25  Four BGCSEs or equivalent passes including English,
years old Mathematics, a Social Science and a Natural Science
and have subject with 'C' grades or higher.
BGCSE or  Three BGCSEs or equivalent passes in subjects other
equivalent than English and Mathematics with 'C' grades or
English and higher plus college-level placement in English and
Mathema- Mathematics in the College's Placement
tics passes Examination.
with 'C'  A combined score of at least 1000 on the Scholastic
grades or Achievement Test (SAT) if taken during or prior to
higher 2005; or a combined score of at least 1000 on the
Math and Verbal components of the Scholastic
Achievement Test (SAT) if taken after 2005 plus a
high school transcript with a cumulative grade point
average of 3.00 or higher, inclusive of at least one
term of the 12th grade or senior year.
 Successful completion of a college preparatory
programme at The College of The Bahamas or an
institution recognized by the College.
UTECH English Entrance Appears to give all admission criteria by course applied 5 GSEC/O Plus any two
proficiency by APEL in for level passes CAPE subjects in
test for suitable including both units 1 and
all cases. English 2 (of the same
undergrad language, subjects) with
uate maths at grades 1, 2 or 3
students the GSEC or two GCE A-
general levels with
proficiency grades, A, B or C
level with
grades 1, 2
or (grade 3
as of June
1998)/O-
level with
grades A, B
or C
162
UWI (Cave Remedial Mature applicants over 21 with Passes in 5 subjects, at least Minimum  Passes with
Hill) require- evidence of academic 2 of which are at A level and of five (5) highly
ments for and professional achievement rest at CXC CSEC (CXC) competitive
English General grades in at least
language Proficiency two 2-unit CAPE
if (Grades subjects/two GCE
necessary I-III) or A-Level subjects.
English GCE O- OR
language Level  An Associate
GSEC required Degree from an
for LLB approved Tertiary
Level Institute
with a minimum
Grade Point
Average (GPA) of
3.0
UWI Remedial Over 21 FOR CARIBBEAN . CAPE (2 units each) at For the LLB program, prospective
(Mona) require- with 5 STUDENTS(CXC, GCE, grades 1-5, to be eligible for candidates must possess a
Institution English APEL/mat General admission General admission LLB LLB admission
ure GSEC/Olevel CAPE/A level admission CAPE/A level
entrance GSEC/Olevel
ments for years GCSE, BGCSE, CAPE/GCE the full time 3 year degree minimum of five (5) CXCs, English
working Advanced Level) programmes. including two (2) 2-Unit CAPE
language experience Applicants should have Alternatively IB, French bac. subjects; or a First Degree with a
if (maybe the equivalent of 5 or German Abitur Grade Point Average (GPA) of 3.0
necessary subject to subjects (grades 1-3, and above. Please note there are
interview). including English NO special subject requirements
Language) of which in addition to those necessary for
two(2) should be at the Matriculation. The competition
advanced level for places in the Faculty is such
that very high 'A' level grades
and very high averages in
undergraduate degrees are
required for an applicant to stand
a reasonable chance of gaining
admission.
ALTERNATIVE QUALIFICATIONS Given requirements above, this

SAT route may not be available for
 Students should present an acceptable high the LLB?
school grade transcript with a minimum GPA
of 2.5 and a minimum score of 1550 for SAT1
for entry to four year programmes
 Students should present an acceptable grade
12 high school transcript with a minimum GPA
of 3.0 and a minimum score of 1600 for SAT 1
for entry to three year programmes
UWI (St Remedial Persons Normal Matriculation Minimum of  Any three (3)
Augustine) require- over age (a) Passes in five subjects of which at least two must be at five (5) 2 - unit CAPE
261
ments for 21 and the CAPE/GCE A'level while the remainder may be an subjects at or GCE A-
English who do acceptable pass in CXC(CSEC)/GCE/BGCSE examinations. CSEC (CXC) level
language not fall in The following are acceptable : General subjects
if any of the  Two 2-unit CAPE (Caribbean Advanced Proficiency or
necessary above Proficiency Examination) (Grades I or II  An Associate
English O categories  Six CAPE units including Caribbean Studies and pre-1998 and degree from
level will be Communication Studies. Grades I, II or an approved
required assessed (b) Other Qualifications To Full-Time Programmes (eg III from June tertiary-level
for LLB on their associate degrees and foreign qualifications) 1998) or GCE institution
overall O-level which with a grade
profession must include point (GPA) of
al/academic English Language 3.5 and above
achievements
163
Lower Level Matriculation [Given what
 At least five (5) is said above,
acceptable passes at lower level
CXC(CSEC)/GCE/BGCSE route may
including English not be
Language and one of available for
the following; a Foreign the LLB.]
Lang., Math, an
approved Sci. sub.;
 acceptable high school
transcript [Grade 12]
with a min. GPA of
2.5 and an acceptable SAT 1
Score (min. of 1500)
1.
By way of very broad comparison, the US state of Kansas, with a similar population at 2,911,641 and an estimated 8,266 active lawyers, produces
a ratio of 1:352. Data from: Matt Leichter, ‘Lawyers per Capita by State’
<https://lawschooltuitionbubble.wordpress.com/original-research-updated/lawyers-per-capita-by-state/> accessed 18 November 2016.
2
Central Intelligence Agency, ‘Central America and Caribbean: Montserrat’ (The World Factbook — Central Intelligence Agency, 21 July
2016) <https://www.cia.gov/library/publications/the-world-factbook/geos/mh.html> accessed 6 September 2016.
3
On the basis of a population of 10,500 that is likely to have been calculated prior to the volcanic eruption.
4
Dane Victor Elliott-Hamilton, ‘Report on the Status of the Legal Profession in St Kitts and Nevis’ (Elliott MacClure Attorneys at Law
2015), p 2.
5
Central Intelligence Agency, ‘Central America and Caribbean: Saint Kitts and Nevis’ (The World Factbook — Central Intelligence Agency)
<https://www.cia.gov/library/publications/the-world-factbook/geos/sc.html> accessed 6 September 2016.
6
Dane Victor Elliott-Hamilton, ‘Report on the Status of the Legal Profession in St Lucia’ (Elliott-Hamilton Attorneys at Law 2015),p 1
7
Our data.
8
Dane Victor Elliott-Hamilton, ‘Report on the Status of the Legal Profession in St Lucia’ (Elliott-Hamilton Attorneys at Law 2015), p 1.
9
Central Intelligence Agency, ‘Saint Lucia’ (The World Factbook — Central Intelligence Agency, 7 September 2016)
<https://www.cia.gov/library/publications/the-world-factbook/geos/st.html> accessed 16 September 2016.
10
Central Intelligence Agency, ‘Saint Vincent and the Grenadines’ (The World Factbook — Central Intelligence Agency, 7 September 2016)
<https://www.cia.gov/library/publications/the-world-factbook/geos/vc.html> accessed 16 September 2016.
11
Central Intelligence Agency, ‘Trinidad and Tobago’ (The World Factbook — Central Intelligence Agency, 7 September 2016)
<https://www.cia.gov/library/publications/the-world-factbook/geos/td.html> accessed 16 September 2016.
12
University of Guyana, ‘General Admission Requirements’ (University of Guyana, 2013) <http://www.uog.edu.gy/?q=general-admission-
requirements> accessed 19 November 2016.
13
College of The Bahamas, ‘Admission’ (College of The Bahamas) <http://www.cob.edu.bs/Admission/> accessed 15 September 2016. The website
is currently under reconstruction as a result of the change to university status.
14
University of Technology, Jamaica, ‘Summary of Undergraduate Courses of Study’
<http://www.utech.edu.jm/publications/socos_ja/#1/z> accessed 19 November 2016.
15
University of the West Indies at Cave Hill, Barbados, ‘Admissions’ (University of the West Indies at Cave Hill, Barbados, 2016)
<http://www.cavehill.uwi.edu/admissions/entry-requirements.aspx#L> accessed 19 November 2016. See also Faculty of Law, University of
the West Indies, Cave Hill, ‘Faculty of Law, Self-Assessment Report 2015’ (University of the West Indies, Cave Hill 2015),p 10.
16
University of the West Indies at Mona, Jamaica, ‘Undergraduate Admissions’ (University of the West Indies at Mona, Jamaica, 2016)
<http://www.mona.uwi.edu/admissions/firsttime.php> accessed 19 November 2016.
17
University of the West Indies at St Augustine, Trinidad and Tobago, ‘General Entry (Matriculation) Requirements at UWI St. Augustine’ (University of
the West Indies at St Augustine, Barbados, 2016) <https://sta.uwi.edu/admissions/undergrad/general_requirements.asp> accessed 19 November 2016.
164
APPENDIX 5: LLB CURRICULA
CoB1 UG2 UTECH3 UWI Cave4 UWI Mona5 UWI St.Augustine6 U. of London7
Hill
Univ. of Fall semester: Semester I: Semester I: Semester 1: Level Legal Semester 1: Level 4:
Law and Legal Constitutional Academic Caribbean 1, Met Caribbean Contract law
Systems
UWI St Law Writing 1 Civilization semes hods Civilization Criminal law
UWI Mona266Criminal Law I 267Criminal Law II Developmental Criminal Law I ter 1: , Criminal Law I Legal system
Augustine
Advanced legal [sic] English
University of London international degree Language Crimin Rese Law & Legal and method
argument Law of Law & Legal argument al Law arch Systems Public law
Contract I Systems Law & Legal I & Legal Methods, (all year long
Law of Torts I Law & Society Systems Law & Writi Research & courses)
Legal Research Legal Methods, Legal Methods, Legal ng Writing
and Writing Research & Research & Syste (Year (continued in
Writing Writing ms - semester II)
Science, Long Science,
Medicine & ) Medicine &
Technology in Technology in
Society the
Commonwealt
h Caribbean
Spring Semester II: Semester Semester II: Level Semester II:
semester: Caribbean II/summer: Constitutional 1, Argument
Constitutional Civilization Academic Law semes Report and
law Criminal Law I Writing 2 Criminal Law II ter II: Writing
Criminal Law II [sic] Constitutional Law of Caribb Constitutional
Contract Law I Language Law Contract I ean Law
Law of Torts I Argument Criminal Law 2 Law of Torts I Civiliz Criminal Law II
Legal Research Law and Legal Information Legal Methods, ation Law of
and Writing II Systems Technology Research & Consti Contract I
Legal Methods Law of Writing II tution Law of Torts I
Science, Contract 2 al Law Legal Methods,
Medicine and Law of Tort 1 Crimin Research &
Technology in al Law Writing
the II (continued
Commonwealth Langu from semester
Caribbean age I)
argum
ent
Law of
Contr
act I
Law of
Torts I
Science
, Medic
ine &
Techno
logy in
Society
1
College of the Bahamas, ‘Course Outlines’ (College of The Bahamas, No date)
<http://www.cob.edu.bs/Academics/courseoutlines.php#L> accessed 11 September 2016. This list is incomplete and it is not currently
possible to recheck it as the website is being redeveloped.
2
Faculty of Social Sciences, University of Guyana, ‘Bachelor of Laws’ (University of Guyana, 2010)
<http://uog.edu.gy/faculties/fss/bachelor-of-laws> accessed 21 November 2016.
3
University of Technology, Jamaica, ‘Bachelor of Science in Law’
<www.utechjamaica.edu.jm/enrolment/modulesListing/UBLLAWSFX.xls> accessed 21 November 2016.
4
University of the West Indies at Cave Hill, Barbados, ‘Faculty of Law | - Undergraduate Programmes: Courses’ (University of the West
Indies at Cave Hill, Barbados, 2016) <http://www.cavehill.uwi.edu/Law/programmes/undergraduate/courses.aspx> accessed 21
November 2016.
5
University of the West Indies at Mona, Jamaica, ‘Courses | Law’ (University of the West Indies at Mona, Jamaica, 16 February 2015)
165
<http://myspot.mona.uwi.edu/law/courses-0> accessed 21 November 2016. See also Dennis Darby, ‘Situational Analysis on Legal
Education Provisions in Jamaica’ (Darby, Darby and Associates No date), pp 69-73
6
University of the West Indies, St Augustine, ‘Law Regulations and Syllabus: Undergraduate’
<https://sta.uwi.edu/resources/documents/facultybooklets/LawUndergrad.pdf> accessed 21 November 2016.
7
University of London International Programmes, ‘Jamaica’ (University of London International Programmes, 31 January 2012)
<http://www.londoninternational.ac.uk/jamaica> accessed 16 September 2016. Topics emboldened are those currently required for a
qualifying law degree in England and wales.
166
167
168
6: LEC STRUCTURES AND CURRICULA WITH EXAMPLES OF VOCATIONAL
COURSES FROM OUTSIDE THE REGION
BPTC PLT College LEC: LEC : Hugh LPC LPP at LEC:

(England of Law Eugene Wooding (England Ryerson Norman
and (Queenslan Du Puch (2 year and University Manley (2
Wales): d (2 year programm Wales): (Ontario) year
course Australia) 2 programm e) course (an programm
standardis Course e) standardis alternative e)
ed across available ed across
to a 10
9 online or 30
month
providers online and providers
and may evening and may articling
be attendance be period) 4
embedded embedded
into an into an
exempting exempting
degree1 degree3
Post LLB/JD BCAT Entrance Entrance Entrance
requirement aptitude test exam for exam for exam for
(all non UWI non UWI non UWI
applicants), students students students
Admission to
an inn
Pervasive Court visits, Court visits Court visits Professional Over 80 skills- Court visits
mandatory Conduct and based tasks
activities Ethics including
with inn interviewing,
research,
writing,
drafting,
advocacy,
negotiation
and file
management
Work experience Clinic, mini- Clinical In-service In-service Clinic, 4 month In-service
embedded in the pupillage experience training (10 training (10 vacation work training (10
course may be module + 25 weeks) weeks) schemes placement weeks)
available days of work Clinic5 Clinic may be (following the Clinic
experience or available 4 month
75 days of course)
work
experience

2
course Australia) programm e) course (an programm
to a 10
9 online or 30
month
embedded embedded
into an into an
exempting exempting
1 3
degree degree
169
Year 1 Advocacy In one Advocacy Civil Advocacy 4 month Advocacy
Civil format: 15 Civil Procedure Business course274 Civil
Litigation weeks full Procedure and Practice Law and taught Procedure
and time, with 5 and Practice Constitution Practice experien- and Practice
Evidence days of Constitution al Law (for Conduct and tially I
Conference attendance al Law (for non Regulation covering: Criminal
Skills (remainder non UWI UWI/UG Interviewing Administrati Practice and
Criminal delivered graduates) graduates) and advising ve Law Procedure
Litigation, online): Criminal Criminal Legal Business Evidence
evidence Civil Litigation Practice and Practice and Research Civil Family
and Practice Procedure Procedure Litigation Litigation Forensic
sentencing Commercial Evidence, Evidence Property Criminal medicine
Drafting and civil and and Law and Estates Landlord
Opinion Corporate criminal Forensic Practice Family and Tenant
writing Practice including Medicine Taxation Real estate Law of
Professional Ethics and forensic Landlord Wills and Remedies
Ethics Professional medicine and Tenant Administrati Licensing Legal
(assessed Responsibliity Landlord Law and on of Estates examination Drafting and
centrally by Lawyers’ and Tenant Legal Writing and (administere Interpretati
the Skills (oral Law and Systems (for drafting d by the on
professional and written Legal non professional
body) communicati Systems of UWI/UG body), may
Resolution on, advocacy, the graduates) be taken
of Disputes interviewing, Caribbean Law of before,
out of Court drafting, (for non Remedies during or
negotiating, UWI Legal after the
problem graduates) Drafting and course/work
solving, Law of Interpretati placement.
275
managing Remedies on
work and Legal Trial Call/Admissi
time, and Drafting and Advocacy on on
resilience) Interpretati completion
Property on of LLP and
Practice licensing
examination
(s)
Electives + 2 elective + 2 electives N/A N/A + three N/A N/A
subjects chosen from: electives
from a list Administrativ from a list
offered by e Law offered by
the Practice the
institution Banking and institution
Finance
Practice
Consumer
Law Practice
Criminal Law
Practice
Employment
and Industrial
Law Practice

nd (Queenslan Du Puch (2 year and University Manley (2
2
to a 10
9 online or 30
month
and may evening and may articling2
be attendance be period
embedded embedded
into an into an
exempting exempting
1 3
degree degree
170
Family Law
Practice
Planning and
Environmenta
l Law Practice
Wills and
Estate
Practice
Call to the Admission as
Bar a solicitor (on
completion
of the
course)
Year 2 Advocacy Civil Period of Advocacy II
Pupillage (6 Qualified Civil procedure recognised Civil
months lawyers may procedure and Practice training 2 Procedure
practising, 6 become and Practice II years (max). and Practice
months with barristers by II Conveyanci Alternatively II
limited passing Bar Conveyanci ng and , can be Law of
practice Practice ng and Registration achieved by Associations
rights Examinations Registration of Title “equivalent Conveyanci
Advocacy and 6 week of Title Ethics, means” ng and
Training Bar Practice Ethics, Rights and measured Registration
6
Course and Course Rights and Obligations against of Title
Practice Obligations of the Legal learning Ethics,
7
Managemen Cannot be a of the Legal Profession outcomes. Rights and
t course sole Profession Law Office Professional Obligations
practitioner Law Office Managemen Skills Course of the Legal
for a further 2 Managemen t, (paid by Profession
years t, accounting employer) Law Office
accounting and Managemen
and technology t,
technology Legal Aid accounting
Legal aid clinic and
clinic Probate technology
Probate practice and Alternative
practice and procedure dispute
procedure Trial resolution
Advocacy Probate
Practice and
Procedure
Year 3 Forensic Call to the Call to the Call to the

advocacy bar bar bar
course and 12 months
new pupillage
practitioners (Bahamas)
Year 4 programme Admission
required to the Roll

to a 10
9 online or 30
month
embedded embedded
into an +into an
exempting exempting
degree degree
171
Year 5 during first 3
years. Cannot be a
Must work sole
in chambers practitioner
in first 3 or principal
years. for a further
3 years.278
Year 6
1
This likely to change, see Bar Standards Board, ‘Future Bar Training’ (Bar Standards Board (BSB), No date)
<https://www.barstandardsboard.org.uk/qualifying-as-a-barrister/future-bar-training/> accessed 24 November 2016.
2
College of Law, ‘Practical Legal Training - Your Legal Career Starts Here |’ (College of Law) <http://www.collaw.edu.au/aboutpltplus/>
accessed 9 May 2016. It is sometimes possible to begin the course before completing the LLB.
There are multiple providers of courses in a number of different formats, face to face, largely online, full and part-time. There are also exempting
LLBs and JDs in which the in which the “practical legal training” requirements are embedded. Note that a training contract is an alternative to a
vocational course in Queensland (and in Victoria and Western Australia): Queensland Law Society, ‘Traineeships’ (Queensland
Law Society, 2015)
<http://www.qls.com.au/For_the_profession/Your_legal_career/Studying_law/Required_study_training/Traineeships> accessed 5 May
2016.
3
Solicitors Regulation Authority, ‘Legal Practice Course Information Pack’ <http://www.sra.org.uk/students/resources/legal-practice- course-
information-pack.page> accessed 22 November 2016. This is hughtly likely to change in the near future: Solicitors Regulation Authority, ‘Training for
Tomorrow Work Streams: A New Approach to Qualification’ (Solicitors Regulation Authority, 1 November 2016)
<http://www.sra.org.uk/sra/policy/training-for-tomorrow/work-streams.page> accessed 24 November 2016.
4
This is to some extent atypical for Canada, as the norm is to rely on articles and a licensing examination of some kind. The Ontario pilot is a response
to a perceived crisis in availability of articling positions: Law Society of Upper Canada, ‘Articling Task Force Final Report’ (Law Society of Upper Canada,
25 October 2012) <http://www.lsuc.on.ca/Pathways/> accessed 5 May 2016.
5
For evaluation of the clinic provision at law schools, see Koelle Boyce, ‘Legal Education Survey: Report on Opinions of Law Students and Members of
the Legal Profession’ (2016), pp 107-115. There was some difference in perception between the three law schools but, as Boyce points out,
numbers were low (14 respondents with experience of Hugh Wooding, 8, from Norman Manley and 2 from Eugene Dupuch). There was a general
perception that the applied experience in clinic was useful, and some complaint that the amount of exposure was too little (ibid, pp 110-111,
113). Boyce’s respondents felt the clinic was most useful in developing skills in drafting and communication (ibid, p 114), but less useful in
developing skills in counselling (which may include client interviewing) and negotiating.
6
André B Bacchus, ‘The Law Practice Program (LPP) in Ontario: A Practical Path to Lawyering Licensing’ [2016] NALP Bulletin 10.
7
Law Society of Upper Canada, ‘Licensing Examinations’ (Law Society of Upper Canada/Barreau du Haut-Canada, 2016)
<http://www.lsuc.on.ca/LicensingExaminations/> accessed 22 November 2016.
8
The Bar Association of Queensland, ‘Becoming a Barrister’ (The Bar Association of Queensland)
<https://www.qldbar.asn.au/#/barrister-becoming> accessed 12 June 2016.
9
Solicitors Regulation Authority, ‘Equivalent Means Information Pack’ (1 June 2015)
<http://www.sra.org.uk/students/resources/equivalent-means-information-pack.page> accessed 29 May 2016.
172
7: Finance: National funding arrangements
The information in this table has been complied from a number of sources and informants and may not
be complete.
Government funding Scholarships Commercial loans Funding for LLMs
Antigua and Barbuda Funding of 32 to 36 000 (60% Board of Education or Not clear Not clear
initially if course is for 2 years or Prime Minister
40% if for 3 years, then 30, 30) is scholarships are available
available in principle. to those who maintain at
School leaving certificate, least a B average.
diploma or degree must be If the scholarship is partial
presented to obtain funding the government loans the
remainder.
Bahamas Funding of 80% of the fees None Available in principle Possibly not
(economic cost) for UWI Cave
Hill only
Once accepted by the university
the government will fund.
Barbados 1 Funding of 80% (economic cost) National

for first undergraduate degree: Development
BDS$32,000. Student pays the Scholarships may
remaining 20% (BDS$8,000). cover study of some
For the LEC, of the total law topics at
TT$91,000, the government pays institutions other
80% and the student the than UWI
remainder.
Belize2 Law is no longer a funding Professional and technical Students can arrange
priority. A very small number scholarships, Belize open their own loans if
may have some assistance from scholarship and economic they wish as they
the back to school programme cost scholarships may be have to self-fund
but in general law students must available. their legal education
be self-funding. Some scholarships are
available for study outside
the region.
Dominica 3 Students can apply through the At least one scholarship is Bank and credit loans Possibly.
Ministry of Education for a available for the LEC. may be available for
maximum of 50000 EC dollars Other scholarships might students to arrange
loan at a rate of 2%. be available including for independently
Once accepted by the university study outside the
the government will fund. region.
Loan must be repaid on
completion of course and
interest is paid during the period
of study. Tuition or economic
cost is available on application to
the Ministry.
Grenada 4 Although in principle a UWI Not for law. Students can arrange If a law graduate
economic cost bursary is loans independently wishes to pursue a
available, law is not a priority but the government LLM in an aspect of
area. will not be guarantor law that is on the
173
Island Scholarships are awarded government’s
once a year to students in CXC priority list, funding
and CAPE who do exceptionally can be obtained.
well. Social Science is one of the
subject areas considered, so if
students study an aspect of Law
in the Social Sciences they can
get funded but not for Law as a
discrete subject area.
Guyana5 Students are self-funded. Scholarships are available

for UG, but not in law.294
Jamaica 6 Scholarship funding of 80% A variety of scholarships Students can arrange

(economic cost) is available, and bursaries is available loans – including with
students paying the remaining for study at UWI and the Students’ Loan
20% elsewhere Burea -
They also get a boarding grant of independently but
$US1000 a year. Students must the government will
maintain a GPA of 3.0 each year not be guarantor.
to continue getting scholarship
for the 5 years (LLB + LEC)
They must get good CAPE grades
and matriculate at university in
order to get the scholarship.
There are two streams, one
government funded (LLB at Cave
Hill) and one self-funded (all 5
years in Jamaica).
Montserrat Law is on the priority list. Few scholarships available Students can arrange If a law graduate
Successful applicants will receive and those available may loans independently wishes to pursue a
full funding; if unsuccessful, they be for study outside the but the government LLM in an aspect of
could get paid study leave if they region will not be guarantor law that is on the
are working in government. government’s
Assistance to other unsuccessful priority list, funding
applicants would depend on can be obtained.
funds available
St Kitts and Nevis 7 Funding of 80% (economic cost) No scholarships Students can arrange Government does
is available, students paying the loans independently not fund masters
remaining 20%. but the government but a special
Funding is given based on will not be scholarship is
government priority area within guarantor available
legal sector and otherwise law is
not on the priority list
Students must maintain a GPA of
3.0 and are bonded to return.
St Lucia 8 None – law was not on the Some scholarships Students can arrange If a law graduate
priority list299 at least until available which may be loans wishes to pursue a
2015. for study outside the independently but LLM in an aspect of
174
region. This includes they may be at a law that is on the
law study at BPP higher rate of interest government’s
University in the UK. priority list, funding
can be obtained.
This includes the
LLM in Legislative
Drafting.
St Vincent and the National Student Loan Program Scholarships available via Students can arrange Students can
Grenadines 9 offers loans of up to EC$ 120,000 Service Commission loans independently arrange loans
for up to 5 years, co-ordinated Department and Director but the government independently but
through the Ministry of General of Finance will not be guarantor. the government will
Education although students not be guarantor.
must provide collateral.
Alternatively under the
Economically Disadvantaged
programme the government is
guarantor.
Trinidad and Tobago10 Government Assistance for Government

Tuition Expenses (GATE) funding Assistance for
is available in principle for Tuition Expenses
100%of undergraduate tuition (GATE) funding is
(i.e. 80% economic cost and 20% available for 50%of
tuition fees). The LEC is also postgraduate
funded.3 tuition fees.
1 Koelle Boyce, ‘Legal Education Survey: Report on Opinions of Law Students and Members of the Legal Profession’ (2016), p. 49 and.
Student Revolving Loan Fund, ‘National Development Scholarships 2016’ (Student Revolving Loan Fund, 2016)
<http://www.srlfloan.edu.bb/News/National-Development-Scholarships.aspx> accessed 9 December 2016
2
N Hawke, ‘Report on Legal Education in Belize’ (IMPACT Justice 2015), p 10.
Government of Belize, ‘Scholarships’ (Ministry of Education, Youth, Sports and Culture :: Government of Belize -, 2013)
<http://www.moe.gov.bz/index.php/scholarships> accessed 9 December 2016.
3
Ministry of Education and Human Resource Development, ‘Scholarships’ (Government of the Commonwealth of Dominica, 2015)
<http://www.education.gov.dm/index.php/services/scholarships/89-scholarships> accessed 9 December 2016.
4
Government of Grenada, ‘Economic Cost Bursary Guidelines (UWI)’
<http://media.wix.com/ugd/109e28_2fba3b7516074c77b45c1d1fc32c7263.pdf> accessed 9 December 2016.
5
Ministry of Education, Guyana, ‘Ministry of the Presidency Offering Full Scholarships for University of Guyana.’ (Ministry of
Education, Guyana, 15 June 2016) <http://education.gov.gy/web/index.php/scholarships/item/2037-ministry-of-the-
presidency-offering-full- scholarships-for-university-of-guyana> accessed 9 December 2016.
6
Dennis Darby, ‘Situational Analysis on Legal Education Provisions in Jamaica’ (Darby, Darby and Associates No date), pp 9-17 and
Students Loan Bureau, ‘Students’ Loan Bureau Jamaica’ (Students’ Loan Bureau, 2011) <https://www.slbja.com/> accessed 9
December
2016.
7 Dane Victor Elliott-Hamilton, ‘Report on the Status of the Legal Profession in St Kitts and Nevis’ (Elliott MacClure Attorneys at Law
2015), p 5.
8 Ibid, pp 5-7.
Government of St Lucia, ‘The Government of Saint Lucia Approved List of Areas for National Training 2013-2014’
<http://webcache.googleusercontent.com/search?q=cache:aRCFru5zLiAJ:www.stluciachamber.org/uploadedImages/contentImg/file/20
1
3-2014%2520%2520SLU%2520Gov%2520approved%2520training%2520list%2520%2520%2520.pdf+&cd=2&hl=en&ct=clnk&gl=uk>
accessed 20 October 2016.
Dane Victor Elliott-Hamilton, ‘Report on the Status of the Legal Profession in St Lucia’ (Elliott-Hamilton Attorneys at Law 2015), p 6.
Dane Victor Elliott-Hamilton, ‘Report on the Status of the Legal Profession in St Lucia’ (Elliott-Hamilton Attorneys at Law 2015), pp 6-
7.
Government of St Lucia, ‘Scholarships’ (Government of St Lucia, No date) <http://www.govt.lc> accessed 9 December 2016.
GIS, ‘Delegation Visits BPP University’ St. Lucia News Online (24 April 2015) <http://www.stlucianewsonline.com/delegation-visits-
bpp- university/> accessed 20 October 2016.
Dane Victor Elliott-Hamilton, ‘Report on the Status of the Legal Profession in St Kitts and Nevis’ (Elliott MacClure Attorneys at Law
2015), p 6.
9 National Insurance Services, ‘Student Loan Program’ (National Insurance Services, 2016) <http://nissvg.org/student-loan-program/>
accessed 9 December 2016.
10 Karen Nunez Tesheira, ‘Report on the Status of the Legal Profession in the Republic of Trinidad and Tobago’ (IMPACT Justice 2015),
pp
16-17.
175
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177
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IMPROVED ACCESS TO JUSTICE IN THE CARIBBEAN

1.1 Background to the survey 9

1.2 The participating CARICOM countries 11

1.3 The survey participants 11

1.4 History of legal education in the Caribbean 11

1.5 Post 1971 developments – CLE and UWI 15

1.6 U.G., UTECH, the College of the Bahamas and others 19

1.7 Post LL.B. legal education 29

1.8 Investigative approach 21

2. Special Features of Countries Included in the Survey 27

2.1 Antigua and Barbuda 27

2.2 The Bahamas 27

2.10 St. Kitts & Nevis 34

2.11 St. Lucia 35

2.12 St. Vincent & The Grenadines 35

3.3.2 Should students be required to compete through an entrance exam? 53

3.3.3 Should the “direct entry” system be retained? 54

3.3.4 Should the LL.B. be a postgraduate qualification as in North America? 56

3.4.1 The current system of admission to law schools 58

3.4.2 The University of Guyana and The Bahamas Protocol Exceptions 58

3.4.3 The imperatives informing the Articles 3 and 5 Treaty provisions 59

3.5.1.2 The law schools 74

3.6 Law and practice of the smaller jurisdictions 77

3.7.4 What is the effect of cross-campus offerings on costs? 84

3.8.3.1 Physical estate 94

3.10.2 Pupillage and mentoring 99

Recommendations 37-39 100

3.10.3 Continuing legal professional development 101

3.10.4 Strengthening professional disciplinary capacity and professional standards 102

Recommendations 40-41 102

33.10.5 Specialisation and non-traditional areas of law 103

3.11.1 Should the Council of Legal Education be an accreditation body? 107

3.11.2 The Council of Legal Education as regulator, supervisor and licensor:

3.11.3 The proposed statutory framework 114

Recommendations 43-45 117

Recommendations 45-47 127

Notes to Section 3 132

1. Terms of reference for fourth part of the Survey 139

3. Framework for quality assurance 148

5. LL.B. Curricula 165

7. Finance: National funding arrangements 173

Table 1 Schedule of consultancy activity 24

Figure 10 Approaches to the future of the CLE 109

Figure 11 Funding of legal education by governments and other entities 122

Figure 12 Summaries of views on government funding 122

CPLD Continuing professional legal development. In the context of this

CSME Caribbean Single Market and Economy.

EDLS Eugene Dupuch Law School, The Bahamas

Exempting degree In jurisdictions which normally separate the academic stage of

HWLS Hugh Wooding Law School, Trinidad and Tobago

JD A postgraduate, three year, law degree envisaged as preparation for

LAC Legal Affairs Committee of CARICOM

Lawyer In the context of this report, a solicitor, barrister or attorney.

LEC Legal Education Certificate. The postgraduate vocational qualification

LLB Bachelor of Laws. An undergraduate degree in law, normally of three

NMLS Norman Manley Law School, Jamaica

UG The University of Guyana.

UWI The University of the West Indies.

UTech The University of Technology, Jamaica.

Velma Newton (Prof.)

g) Challenges to funding of legal education by governments, which inhibits the activities of

6. There is no obvious need for an entrance examination for the LLB.

3.3.3 Should the “direct entry” system be retained? (p. 55)

3.4.1 Current system of admission to the law schools (p. 69)