BVI Bar Association

Although for historical reason the Association is referred to as the "Bar" Association, it has always been open to both barristers and solicitors. However, since 2015 the British Virgin Islands has had a fused profession, and all lawyers within the jurisdiction are now formally referred to as "legal practitioners".

In early drafts of the Legal Professions Act, 2015 the BVI Bar Association is referred to (incorrectly) as the "Virgin Islands Bar Association". The Government of the British Virgin Islands is keen to promote the use of the Territory's official name of the Virgin Islands (without the prefix "British") in all official documents and publications,{{cite web|url=http://www.dgo.gov.vg/spawpdfs/Report%20of%20Virgin%20Islands%20Constitutional%20Commissioners%202005.pdf |title=Report of Virgin Islands Constitutional Commissioners 2005 |access-date=20 March 2015 }}{{dead link|date=October 2016 |bot=InternetArchiveBot |fix-attempted=yes }} and the error probably arose as a result of this process. Happily the error was corrected at the very final committee stage before the third reading of the Bill.

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 at least 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. From the perspective of the Association, this has created increasing problems as ever larger numbers of BVI qualified lawyers working for Offshore Magic Circle firms practise British Virgin Islands 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 March 2015 the British Virgin Islands legislature passed the Legal Profession Act, 2015.{{cite web|url=http://bvinews.com/new/finally-bill-passed-to-regulate-lawyers/|title=Finally – Bill passed to regulate lawyers|publisher=BVI News|date=26 March 2015|access-date=28 March 2015|archive-url=https://web.archive.org/web/20150328215912/http://bvinews.com/new/finally-bill-passed-to-regulate-lawyers/|archive-date=28 March 2015|url-status=dead}} It was brought into force on 11 November 2015, but certain provisions relating to admission of English qualified lawyers and practice overseas were excluded from the proclamation bringing it into force. The new Act fundamentally recast the regulation of the profession within the jurisdiction. 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 "Virgin Islands General Legal Council". The Act will fuse the profession so that all persons who are admitted to practice law in the Territory shall be known as "legal practitioners".Section 13(1), Legal Profession Act, 2015. Under the Act, legal practitioners will only be able to practice if they hold valid practising certificates.Section 15(1), Legal Profession Act, 2015.

Three seats on the General Legal Council are reserved for the BVI Bar Association. One is taken by the President, and the other two are taken by persons nominated by the Association. Each of the nominees must be at least five years' call, and one of them must be a Belonger.

The new admission criteria will treat British qualified lawyers less favourably than previously in two key respects. Firstly British qualified lawyers would only be eligible for admission if they hold full rights of audience before the British courts.Section 11(6), Legal Professions Act, 2015. Secondly, they would not be eligible for admission until they have five years prior professional practice experience.Section 11(1)(a), Legal Profession Act, 2015. Until 1 January 2019 there will be a transitional period when the period is reduced to three years. This is a significant change as under current BVI law they may be admitted as of right as soon as they qualify in the United Kingdom. In contrast, applicants who have trained at the University of the West Indies and a West Indian regional law school are eligible to be admitted even if they have never practised.Section 11(b), Legal Profession Act, 2015.

The Bill was finally passed after being introduced for the third time in 2015, after having previously been introduced and failing to proceed in 2007 and 2012. After finally being passed, it was brought into force eight months later.

The Association is run by the Bar Council under the leadership of the President.

The current executive or "Council" were elected in June 2022 for a one-year term.

A total of fifteen persons have served as President of the BVI Bar Association, of whom seven have been men and eight have been women (including the last seven in a row). Five of the fifteen Presidents were Queen's counsel,Mr. Paul Dennis was appointed as leading counsel after his time as President. and the remaining Presidents were from the outer bar. The longest serving president to date has been J.S. Archibald, who served a total of eight years as president. Presidents are elected annually.

• Commonwealth Lawyers Association (CLA)

• [https://web.archive.org/web/20140517074238/http://bvibarassociation.com/ The BVI Bar Association]

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Category:Bar associations

Category:Law of the British Virgin Islands

Category:Organizations established in 1976

Category:1976 establishments in the British Virgin Islands