Procurement and Fees Guidelines for State retained External Attorneys

The Council of the Law Association of Trinidad and Tobago (LATT) recognizes that the issue of procurement standards and fee guidelines in the retaining of external attorneys by the Office of the Attorney General, Government ministries and State organizations is important and, requires a thorough review, consistent with best practices.
Consistent with this position, in July of this year, the Council appointed a Sub Committee to begin that review process, headed by LATT President, Mr. Reginald Armour S.C. The Right Honourable Mr. Justice Michael de la Bastide O.R.T.T., S.C., retired President of the Caribbean Court of Justice and former Chief Justice of Trinidad and Tobago, has agreed to be available for consultative advice to the Sub Committee.
On the 18th of September, members of the Council of LATT met with the Honourable Attorney General and Minister of Legal Affairs to discuss a number of issues of priority to LATT. This very issue was discussed and Council members appraised the Honourable Attorney General and Minister of the establishment and mandate of the Sub Committee.
The review which the Sub Committee is undertaking will include the following minimum considerations.
a. The acknowledgment of the need of the State to retain external Counsel, from time to time, additional to In House Attorneys already employed in the State sector. That need will ordinarily be informed by a legitimate requirement of the State to access experience and expertise of external Senior Counsel in specialized areas. Exceptionally, external Junior Counsel might be required. At the same time, there must be a commitment to capacity building, including training, proper terms and conditions and remuneration packages for those State In House Attorneys. This includes creating avenues for exposure of the State Attorneys to career enhancement and growth. In the discussions referred to, the Association emphasized the need for a comprehensive review of the staffing, terms and conditions, remuneration and mentoring of State Attorneys.
b. Where external Counsel are to be retained, there must be appropriate recognition that this involves a commitment to the expenditure of public funds. Accordingly, applicable and appropriate principles of transparency, fairness, value for money and accountability must be built into an objective selection process so as to be auditable and reviewable. Balancing this is the further relevant consideration that, as with any other client, the State is entitled to retain attorneys of its choice, where appropriate. The process must also be informed by the existing applicable guidelines on fees.
The recommendations of this Sub Committee, when produced will be considered by the full Council of LATT and, in due course will inform consultations with the LATT’s membership and other stakeholders, including the Judiciary and the Honourable Attorney General.

Dated the 19th October 2015

Reginald T.A. Armour SC
President, Law Association of Trinidad and Tobago