The British Virgin Islands Bar Association is a voluntary membership organisation that regulates the legal profession in the British Virgin Islands (BVI). It was founded in 1976, but residency requirements for members mean that not all members of the British Virgin Islands legal profession are members. Most resident lawyers within the BVI do in fact join the BVI Bar Association, but it is relatively rare for BVI lawyers who do not practice within the jurisdiction to join. The British Virgin Islands has a fused profession and the BVI Bar Association regulates both Barristers and Solicitors within the jurisdiction. At present, the Association has no statutory power.
The Presidents of the Bar Association in order of succession are: Mr Lionel Barker (1976-1982); Mr. McWelling Todman, CBE, QC (1982-1986, d.); Dr. Joseph S. Archibald, QC (1986-1994); Mr. Colin T.S. O’Neal (1994-1996); Mr. Michael Riegels, QC (1996-1999); Mr. Paul Webster, QC (1999-2001); Mrs. Hélène Anne Lewis (2001-2003); Mr. Paul Dennis (2003-2006); Mrs. Lisa Penn-Lettsome (2006-2008); Mrs. Tana’ania Small Davis (2008- 2010); Ms. Keisha M. Durham (2010 - present).
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Unlike most national bar associations, the BVI Bar Association does not represent all legal professionals within the jurisdiction. It is a voluntary organisation, and legal practitioners are not eligible to join until they have been resident in the Territory for one year (unless they hold Belonger status). This is designed to prevent flooding of the association by members of "transient" lawyers, who fly in, get admitted, and then leave the Territory and purport to practise British Virgin Islands law from overseas. This has created increasing problems as ever larger numbers of BVI qualified lawyers working for Offshore Magic Circle firms practise BVI law from outside of the jurisdiction, meaning that the proportion of admitted BVI lawyers who are members of the BVI Bar Association has dwindled. Nonetheless, the Association is generally understood to speak for the profession as a whole within the jurisdiction, and frequently addresses the Territory's legislature on that basis.
In June 2006 the British Virgin Islands legislature prepared a draft Legal Professions Bill which, if passed into law, would fundamentally recast the regulating of the profession within the jurisdiction. Although the Bill recognises the continuing existence of the BVI Bar Association, key functions such as ethics, professional discipline, admission to practice and the validation of training institutions and pupillages would be delegated to a newly formed 7 person "British Virgin Islands General Legal Council". The Bill is perceived as controversial, partly because of the level of influence and control which the government would reserve to itself over the legal profession, and partly because the new admission criteria are perceived to discriminate against British educated lawyers.[1] The controversy attached to the Bill was not lessened by the unusually short period (28 days) between the Bill being made available for public review, and its first reading by the legislature. Ultimately the bill was shelved because the controversy made it impossible to pass before the holding of the British Virgin Islands general election, 2007, which saw a change of government. The new government has promised to review the position and present a new bill, but never did.
| Members | Names |
|---|---|
| President | Ms. Keisha M. Durham |
| 1st Vice President | Mrs. Hazel-Anne Hannaway-Boreland |
| 2nd Vice President | Mr. Andrew Willins |
| Treasurer | Mr. Mirza Manraj |
| Secretary | Ms. Monique Peters |
At the Annual General Meeting of the BVI Bar Association held on Thursday, 18th November, 2010 at Maria’s By the Sea Hotel, a new Bar Council was elected. Miss Keisha M. Durham of Harney Westwood & Riegels (“Harneys”) was elected to the post of president and is the youngest person to hold this position. She was elected, unopposed, and succeeds Mrs. Tana’ania Small-Davis who held the position of president for two (2) consecutive terms from 2008.
Miss Durham, served as immediate past First Vice President of the BVI Bar Association, also for two (2) consecutive terms from 2008 and will be supported in her role by a new First Vice President, Mrs. Hazel-Ann Hannaway-Boreland of Harneys, a new Second Vice President, Mr. Andrew Willins of Appleby, a new Secretary, Miss Monique Peters of Conyers Dill & Pearman, and a new Treasurer Mr. Mirza Manraj also of Harneys.
The Council is committed to ensuring that the BVI Bar Association continues to make a significant contribution to the legal system and the wider community in the BVI and beyond. It is also dedicated to supporting and protecting the character, standards, status and interests of the legal profession within the British Virgin Islands, as well as, strengthening relations between lawyers and the public together with fostering a better understanding of the law, its role and that of the role of lawyers in the society.