The Bar Association of Saint Lucia has a new president at the helm, veteran attorney Renee St. Rose who hopes to usher in a new era of transparency, communication and accountability in a bid to make justice more accessible for all Saint Lucians.
Delivering change
St. Rose was formally elected as Bar Association President in September after winning almost 90 per cent of the vote among its membership. Excited and energised, she has two major goals for her tenure: promoting a move towards the Caribbean Court of Justice (CCJ) as Saint Lucia’s final court of appeal; and increasing both public and private consultation on legislation.
The first is an educational issue, according to St. Rose who believes that there needs to be more awareness about the role of the CCJ, how it operates, and how it can be a more cost-effective, efficient and Caribbean-centric alternative to the British-run Privy Council.
“I think it is very important for Saint Lucia to make the CCJ its final appellate Court,” says St. Rose. “The Privy Council is restrictive financially, and also in terms of distance. For example, consider that our Court of Appeal determines hundreds of cases a year but only about one a year ever goes on appeal to the Privy Council. This does not work well for our jurisprudence in Saint Lucia.”
One of the most common concerns surrounding the CCJ is the fear that it is too regional and therefore open to corruption but St. Rose believes this is due to misconceptions about how it functions and adds: “There is a fear that the CCJ and its judges will be influenced by politics but it is set up and founded in such a way that it is completely independent. The Bar could play a huge role in sensitizing the public on the importance of the CCJ, [and] how it is organised and operates.”
The second part of St. Rose’s mandate as President is also public-focused. She would like to see more widespread and in-depth consultation on Bills, believing that the current structure often rushes legislation through. “What generally happens is that Bills are submitted to parliamentarians for the first time on the Friday before the Tuesday House. There is not much time for the parliamentarians to properly assess these Bills and debate them. The debates are often limited and, I dare say, the legislation unreliable and uninformed. What makes this issue even more concerning is that very often these Bills would have not gone through any process of consultation with the public or the Bar Association.”
St. Rose may be fighting for the Bar Association to have more of a voice but she is quick to emphasise that the relationship between the legal sector and the government is generally a positive one, adding: “We have a very good relationship with the Attorney-General and the Minister of Justice. I am optimistic that our relationship with the government will remain a good one. It will undoubtedly need to be managed and will probably require lobbying and understanding. I understand that there are political concerns and affiliations, but the Bar Association acts in the public interest.”
High pressure
A member of the Bar Association for ten years and a litigator for almost twenty,
St. Rose is well-versed in the issues affecting the sector and pleased to be representing her colleagues. Advocacy comes naturally to the hard-working lawyer who has served on several public boards and committees, including the Public Service Commission and the Saint Lucia Legal Aid Authority.
In her daily life, St. Rose is a partner at prestigious firm Fosters where she has worked since 2003, specialising in civil and commercial litigation. “I am foremost a litigator so I am in court most of the day and work long hours. My typical day is extremely busy but I am able to manage it through organisation and because I have a good team,” she says.
St. Rose credits Fosters founder Peter Foster and Managing Partner Claire Greene-Malaykhan as mentors and inspirations during her time with the firm. “I had only been practising for six months before I joined Fosters and from the first day it was a transformation – I worked from 7:30am to 9pm that first day on a heavy litigation case. It has been that way ever since because it is always intense; Peter keeps raising the standard.”
In her seventeen years of practice, St. Rose says the most memorable cases have been the ones with the most public impact, adding: “The public law cases are my passion because there is a public interest component there. These cases affect the community and Saint Lucia.
She says one of her most intense legal battles concerned residents in the Corinth area who were suffering health issues due to a cement plant in the neighbourhood. They won that case and closed the plant. St. Rose says it remains one of her proudest moments in the profession: “It was, and still is, one of my most gratifying cases.”
Next gen lawyers
Like any industry, the legal field has evolved significantly in recent years – adopting and adapting to technology.
This has been a huge change, according to St. Rose who says e-litigation has benefitted everyone from the general public to lawyers and the courts. Online platforms and databases now allow lawyers to file cases online, upload documents on the go and access their work from home.
Despite the array of modern tools, however, inefficiencies still exist. St. Rose is pushing for more robust scheduling and less delays. She says: “It is time we address things from a court user perspective. Most people take a day off work and travel to attend court. They sometimes wait all day. This practice is just not fair so I am really pushing for the court to schedule times for cases and undertake adequate case management so the time of lawyers and the public is not wasted.”
As the courts refine their processes, so too must lawyers. Training is a priority area for St. Rose in her capacity as Bar Association President. The Association is currently in the process of amending the Legal Profession Act to provide for continuing legal education. These amendments are expected to be finalised in December and then put out for industry consultation in the new year.
St. Rose says one of the most important issues for novice attorneys, aside from training, is having the necessary dedication and commitment. “[The law] is demanding, it requires your all. It gets easier as time goes by; you just have to commit to it.”
In terms of her own aspirations, St. Rose readily admits that she also wants to keep training, keep learning her craft and keep evolving. “I am quite content in private practice and would want to build on it some more. It is about growing the firm and our justice system.”
