AWARDING SILK

 A big thing in the newspapers this morning has to do with the awarding of the title 'senior counsel' to a group of 18 lawyers, which group includes both the President's brother and her husband. The title of 'senior counsel' is meant to be a recognition that the lawyer who receives 'silk' (as it is sometimes called because the robes that lawyers wear in Court are made of cotton, but the robes of senior counsel are supposed to be made of silk) and entitles the lawyer to charge more for his/her fees.

Let me deal with the nepotism charges first: I don't know the President's brother, Collin Kangaloo, but I have had a professional acquaintance with her husband, Kerwyn Garcia. In my opinion Mr. Garcia is a good lawyer and deserving of the title 'senior counsel'; I don't know the President's brother at all and therefore cannot comment fairly on his abilities as a lawyer or lack thereof. But I do know the Kangaloo family from San Fernando and although I don't agree generally with their politics I do believe that they are honourable people. And if a senior counsel is supposed to be honourable then certainly on this score Mr. Kangaloo qualifies.

The problem comes in because of their relationship with or to the President of Trinidad& Tobago. There is a not unreasonable perception that their being awarded silk has something to do with their relationship with her. That this perception is most unfair to the goodly gentlemen is a given. They shouldn't have to turn down an award just because of birth or a marriage that took place a long time ago. And yet the perception lingers whether it is fair or not or true or not. And in the world of politics perception is reality.

The problem really comes in because (despite how some might choose to dress it up) the fact is that there is only one person who really appoints silk - and that is the Prime Minister of Trinidad & Tobago. If he/she decides that a person should or shouldn't be awarded with the accolade then that person will (or will not) get it. Full stop! So nobody can get silk if the Prime Minister says 'no'. And anybody can get silk if the Prime Minister wants that person to get the award. And no explanations need to be given.

In other Commonwealth countries they have dealt with this by removing the politicians from the process and having the appointment being made by a non political committee (appointed either directly or indirectly by the politicians - but at least they recognize the problem).

I tend to prefer the American system where a lawyer's worth is measured by his/her reputation and nothing else. The Americans have even done away with the anachronistic and colonial robes that our lawyers have to wear. Let's face it: there are some silks who have done nothing in their legal careers to get this award and there are others, who because they have offended a Prime Minister whether deliberately or not, will never get it. The reputations of these attorneys are irrelevant. Put another way, the appointment of senior counsel is heavily tied into politics. Oh! Sometimes a lawyer from the Opposition might be appointed if only so that a Prime Minister can pretend that he/she is not politically biased. but when last did you see a prominent  Opposition lawyer being appointed as a senior counsel?

Let me put it another way: ALL judges in our jurisdiction are lawyers. I am not aware that any of them have ever been awarded the title of senior counsel. But is it right that a person who is a senior counsel should have to bow before a person who is not? In other words, you are smart enough to be a judge and sit in judgement but you are not good enough to be a silk! What's wrong with this picture? If you are good enough to be made a judge surely you are good enough to be made a senior counsel?

But when that happened a few years ago with no less a person than the present Chief Justice there was a hue and cry resulting in the Chief Justice returning the award!

Then again, the head of the country's Bar is the Attorney General. If a lawyer is good enough to be the Attorney General surely he/she is good enough to be made silk on his/her accession to office. Actually, I think that any person who becomes Attorney General should automatically take silk. But when that happened with Mr. Anand Ramlogan  a big fuss was made. (The fact that Mr. Ramlogan has since demitting office proven time and again that he definitely is senior counsel material has been rather conveniently ignored by his former critics.) Let me put it to you this way: the first row of desks in an open Court is specifically reserved for senior counsel. You aren't supposed to sit there if you are not silk. So if you are the Attorney General of the country and therefore head of the Bar but you don't have silk you can't sit in the first row even though you are head of the Bar! But a person that YOU helped to be made a silk yesterday can sit in the first row and you have to sit behind him/her.

It is time that we cut the remaining ties to our former colonial masters and become truly independent. We should stop trying to mimic them and to act like pseudo Englishmen. We are not. We are Trinbagonians and should be proud of who we are. I agree that we should stand and bow to the judge when he/she walks into the Court. That is not only good manners but respect that the office deserves. I don't agree with calling judges "my lord" or "my lady" and prefer the American "your honour". But I'm going off topic here.  Left to me I would abolish the title of 'senior counsel' or 'silk'. It adds nothing to the justice system and sometimes even causes divisions where there ought to be none. And sometimes it can even cause unintended damage to a person's reputation.