Justice... Bahamas Style

by C. David Fonvielle, Firm Partner

     The Bahamian culture has a relaxed "no problem mon" reputation. But when you step inside the courtrooms of this island nation, you enter a world of formality, courtesy and a way of doing things that goes back hundreds of years.

     I represented a client who claimed bank fraud against a large Swiss bank with offices in the Bahamas. Because the case had significant implications for the banks in the Bahamas, the Chief Justice of the Bahamian Supreme Court stepped down to the trial court to serve as judge on the case. After a week long trial the Chief Justice ruled for our client and awarded him $1,300,000.

     Banking officials from as far away as Switzerland and Canada appeared to give testimony in the case.

     The trial experience was in some ways similar to the American justice system. But because the Bahamas was originally a British colony, the legal system mimics its heritage. In fact, we referred to case law from New Zealand, England, South Africa and Canada on evidence matters. Any appeal will occur in England. There is no right to a jury in civil cases and the judge decides the case.

     The lawyers are called barristers and — just like the judge — they appear in court decked out in wigs, flowing robes, and high starched collars.

     Bahamian judges enjoy a respect in the courtroom that would be the envy of American judges. Our judge was always referred to as "Your Lordship." Anytime I entered or exited an area of the court called the well, I bowed Japanese style to the judge.

     Fellow lawyers are called "my learned colleague" or "my learned friend." Only one lawyer is allowed to talk or be on his feet at one time. If one lawyer objects, it is the required procedure for the opposing lawyer to take a seat during the argument. If both lawyers are standing or talking at once, the judge will ignore both of them.

     Justice Bahamas style is certainly different from our American way of doing things. I personally would like to see the reverence and courtesy of their proceeding in our American courts.

     The wigs, however, can stay right where they are.