The Caribbean Law Librarian Vol. 2 No. 3 Nov. 1985

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ARIBBEA

ISSN 0255 - 7118

AW LIBRARIA

BULLETIN OF THE CARIBBEAN

VOLUME 2 NO.3.

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Editor: Leslie P. Fenty Librarian, Norman Manley Law School P.O. Box 231, Kingston 7, Jamaica, W.I.

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ASSOCIATION OF LAW LIBRARIES

NOVEMBER 1985

The West Indian Bowman and Harris Reports' Multilateral Reports Treaties-

These provide a vital serviceto the legal profession in the West Indies. The Reports are prepared to the highest editorial standards, being selected and edited by distinguished judges acting in each of the territories they cover. Cases are selected for inclusion from those decided in the Courts of Appeal, the Supreme Courts, the High Courts and, where relevant, by the Privy Council. The cases are then thoroughly indexed by subject for ease of reference. Wherever the proceedings refer to former cases, statutes, subordinate legislation or particular words and phrases these are indexed separately and so provide a cross-reference facility. With the publication of volume 31 in the spring the Reports are to be expanded to include judgments from Bermuda, the Bahamas and Belize. The entire series of reports has now been reprinted by a xerographic process and is available in a simple hardcover binding; in this way Butterworths is able to keep the cost of these essential reports as low as possible.

Territories covered by the Reports Barbados Guyana Jamaica Trinidad and Tobago Grenada Antigua Dominica Montserrat

St Kitts-Nevis St Lucia St Vincent Tortola (British Virgin Islands) Bermuda Bahamas Belize

Index and Current Status

By M J Bowman. LLB. Lecturer in Law. University of Nottingham; and D J Harris. LLM. PhO. Professor of Public International Law. University of Nottingham

This is the first work to supply a long-felt and increasingly apparent need for readily available and up-to-date information on a wide range of multilateral treaties. The Index deals with over 800 treaties providing complete and up-to-date information on the status of each - when it was first signed, where the documents are held, which countries have since signed and when, and which countries refuse to recognise the agreement. The treaties are listed in date order of signing and there are two indexes the first by treaty name and the second by country - so that the user can find which treaties any country is signatory to.

Cumulative supplements are issued on a regular basis to inform subscribers of treaties recently concluded or changes in the status of existing treaties. Multilateral Treaties - Index and Current Status will quickly become an accepted and well-used part of any library's collection on international law .

Hard cover £70.00 including 1st cumulative supplement

Order Forrn _____________________________________________ ~~ ________ _ To Butterworth & Co (Publishers) Ltd Borough Green, Sevenoaks, Kent TN 15 8PH Please supply me/us with the following volumes of The West Indian Reports

*Please also register me/us as a subscriber to future volumes Vols. 1-29- £45.00 net each. Vol. 30- £65.00 net. Set price, Vols. 1-30- £975.00 net. copy/ies Bowman & Harris: Multilateral Treaties, including 1st cumulative supplement £70.00 net 0 406 25277 7 ... copy/ies of supplement alone £10.00 net 0406252793 *Please supply and charge future supplementary material as issued.

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The

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CARIBBEAN

ISSN 0255 - 7118

AW LIBRARIA

BULLETIN OF THE CARIBBEAN

ASSOCIATION OF LAW LIBRARIES

NOVEMBER 1985

VOLUME 2 NO.3

Contents Pages Commonwealth Caribbean Law Libraries . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Advertising by the Legal Profession, A View Point . . . . . . . . . . . . . . . . . . . . . . 58 The Use and Non-Use of New Sentencing Options . . . . . . . . . . . . . . . . . . . . . . 62 The Duplicates Disposal Scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Caribbean Legal Miscellanea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Cooperative Acquisition and Distribution Scheme for Legal Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Libraries and the Microcomputer Revolution . . . . . . . . . . . . . . . . . . . . . . . . . 69 Book Review

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--The Caribbean Law Librarian is published by the Caribbean Association of Law Librarians

EDITOR Mr. Leslie P. Fenty

EDITORIAL COMMITTEE Mrs. Yvonne Lawrence Miss Carol Ford Mr. C. Dennis Morrison Mr. Ian Randle Miss Jeanne Slowe

COVER DESIGN Peter Ferguson

Š Caribbean Association of Law lLibraries 1985 Published three times per year Subscription rates US$15.00 per annum Single issues US$6.00

All correspondence concerning the publication should be addressed to:-

The Editor Caribbean Law Librarian c/o Norman Manley Law School Mona Campus P.O. Box 231, Kingston 7, Jamaica, W.1.

North American readers should obtain subscription from the sole North American agent: Wm. W. Gaunt & Sons Inc., Law Book Dealers & Subscriptions Agents Gaunt Building 3011 Gulf Drive Holmes Beach, FL3351O~2199 U.S.A.

Commonwealth Caribbean Law Libraries

By Velma Newton Acquisitions Librariall Faculty of Law Library Barbados.

Introduction There has been a spectacular growth of law libraries within the Commonwealth law world over the past two decades caused by a proliferation of law report and legal periodical publishing, an increase in the output of legislation by governments, and the extension of litigation from traditional common law subjects to areas of increasing importance, such as commercial, environmental, public utility law and civil rights_ Unfortunately, a few libraries in the Commonwealth Caribbean have been a part of this library expansion process.

In most territories there are three categories of law libraries:

(1) In government departments; (2) Supreme Court/Court of Appeal and special tribunal libraries: (3) Private practitioners' libraries.

In addition, in some territories, the judiciary and the universities have sizeable law book collections.

The Collections at mid 1984 Academic Libraries The Faculty of Law Library, University of the West Indies, Barbados.

The main functions of the Faculty of Law Library are to provide legal and quasi-legal materials for the teaching programme and for the research needs of the academic and professional staff of the FaCUlty. In addition, it serves the legal profession in the Commonwealth Caribbean by proViding reference, loan and photocopying services. The library was established in 1970 with a few hundred volumes acquired from the library of the former Attorney General of the West Indies Federation, and at mid-1984 it easily contained the best legal collection in the region - both in terms of size (approximately 55,000 volumes) and comprehensiveness.

Its strengths are: 1. The collection of Commonwealth Caribbean legislation. This includes: (a) most of the revised editions of laws published since the late nineteenth century, in book form; (b) current looseleaf legislation and annual volumes published since the latest revised edition of laws

for each of the seventeen jurisdictions (some with gaps); (c) pre-1900 laws in microform.

2. The collection of law reports published in the region which is complete for the twentieth century, but has a few gaps in the nineteenth century and earlier holdings; 3. The unique collection of Diimcographed judgments.

This collection of approximately 8000 judgments from all the superior courts which have existed in the region since the 1950's - and special courts such as the Tax Appeal Boards and Industrial Disputes Tribunals - contain some gaps, but is the most comprehensive in the Commonwealth Caribbean. Possibly, as many as 75 percent of the judgments have not been reported in the West Indian Reports. or any of the territorial law reports published. However, the fact that several of these unreported cases are referred to by the teaching staff of the Faculty of Law points to inadequaCies in law reporting for the region, and indicates that the Law Library should continue its policy of collecting as many of the cycJostyled cases as possible.

4. Most of the law report series and other primary materials from Great Britain, Canada and other nonCaribbean Commonwealth countries; 5. An expanding collection of Commonwealth law reform commission reports and working papers; 6. A periodical collection which contain nearly 70 percent of those periodicals indexed in: (a) the Index to Legal Periodicals (N.Y. Wilson, 1888-); (b) the Index to Commonwealth Legal Periodicals (Toronto: Carswell, 1978), and (c) the Index to Canadian Legal Periodical Literature (Montreal: I.C.L.P.L., 1963) At present, the main weaknesses are in: 1. the collection of primary legal materials for Englishspeaking Africa and the U.S.A.; 2. monographs an textbooks published in many areas of law for the Commonwealth outside the Urtited Kingdom and the Caribbean; CARIBBEAN LAW LIBRARIAN - 51

-3. law reports, monographs, and to a lesser extent, periodicals in areas such as natural resources, public utility and some aspects of commercial law; 4. the collection of annual departmental and other reports of Commonwealth Caribbean origin which are of legal or quasi-legal interest.

The Legal Collection, University of Guyana The legal collection, University of Guyana is housed in' the Main Library. At mid-1984 it was estimated to be about 5,000 volumes comprising: I. incomplete sets of the laws of Australia, Guyana, Papua New Guinea, and Trinidad and Tobago but not Barbados, Jamaica and the other Commonwealth Caribbean territories; 2. complete sets of the Law Reports of British Guiana (now the Guyana Law Reports) and partially complete sets of the West Indian Reports, the Jamaica Law Reports and a few volumes of the Trinidad and Tobago Law Reports, but not the Barbados Law Reports; 3. incomplete sets of a few English law reports series, including the All England Law Reports, and the Canadian Dominion Law Reports (3d.); 4. the leading English 'digests, form and practice books, although many of the updating volumes, for example, to Halsbury 's Laws had not been purchased; 5. a small collection of textbooks, mainly published in England, relating to the law courses taught at the University, with a few titles held in duplicate, but few Commonwealth Carihbean monographs; 6. a small periodical collection consisting of incomplete runs of the Modem Law Review and some other titles Due to lack of funds, few of the legal publications held by the University of Guyana have been updated since 1980.

The most conspicuous shortcoming, however, is the lack of Commonwealth Caribbean legislation and other publications such as the West Indian Law Journal which ought to be basic needs for the Legal Systems course taught there.

Still, it is possihle that the legal materials available at the University of Guyana are adequate for the first year LL.B. programme, especially since the teaching staff of the Law Faculty there supplement the sparse coiIection with xeroxed material from the Faculty of Law Library, University of the West Indies, and students can consult other legal collections in Guyana. It is also possible that total law library resources in Guyana can support the second year LL.B. programme, if the collections are updated, a union list of holdings prepared, and a Director of Library Services appointed to co-ordinate services. However, it is clear that / .on its own, the present University collection can only do ~so': with great difficulty and sacrifice on the part of the students.

CARIBBEAN LAW路 LIBRARIAN - 52

The Hugh Wooding and Norman Manley Law School Libraries At mid 1984, the Hugh Wooding Law School collection . was approximately 18,000 volumes, while that of the Norman Manley Law School was 10,000. These libraries were not intended to be major research libraries in the same way as the Faculty of Law Library, and their collections are geared mainly to the information needs of the Law School staff and students. They contained: I. sets of legislation which were up-to-date for Trinidad and Tobago at the Hugh Wooding, and for Jamaica at the Norman Manley, but incomplete for other Commonwealth Caribbean countries; 2. the West Indian Reports, and incomplete sets of some of the national law report series published in the region; 3. many of the major English law report series, and some of those published in Australia, Canada and New Zealand. The Hugh Wooding Law School had a larger collection of these primary materials than the Norman Manley Law School; 4. incomplete sets of legislation of Great Britain and some other Commonwealth countries outside the Caribbean; 5. fairly large collections of unreported cases for Jamaica and Trinidad and Tobago, but smaller collections for the other territories; 6. the major English legal encyclopaedias, digests forms and practice books; 7. the leading student textbooks and treaties for practitioners published in England, with a smaller number from Australia, Canada and other Commonwealth jurisdictions. The items heavily referred to by students were held in duplicate.

The Cayman Islands Law School Library The Cayman Islands Law School Library, with a colIection of approximately 2,500 volumes at mid 1984 is consulted by law students, court and other government personnel. These persons also have access to the Court Library, which is in the same building. Altogether, the two libraries contain: 1. the All England Law Reports and All England Law Reports Reprint and the Criminal Appeal Reports;

2. complete sets of the Cayman Islands laws and the latest revised edition of the laws of Jamaica;

3. Halsbury's Laws of England, the English and Empire Digest (now The Digest, and Current Law); 4. complete runs of about five major English periodicals; 5. the latest editions of English textbooks needed for the courses taught by the Law School, and a few practitioners treatises.

According to the fmdings of the Survey of the Information Needs and Research Practices of the Commonwealth Legal Profession 1 all groups of lawyers except private practitioners who specialised in conveyancing, and the few magistrates spoken to, admitted needing to consult:

(1) the territory's legislation; (2) local/regional law reports; (3) the major English law report snics; (4) the major English legal digests, encyclopaedias,: form and practice books; (5) major treatises on the common law.

The above list indicates a heavy reliance on English primary and secondary legal materials. Most lawyers reported a need to consult the West Indian Reports and the few national law report series available but hardly every use legislation of neighbouring territories. As far as secondary legal information sources for the Commonwealth Caribbean are concerned, there are no encyclopaedias, digests, citators or form books comparable to the English materials of this nature, and the lawyers interviewed were not of the opinion that these would differ significantly from those published in England or that the personnel or funds would be available to publish such tools. However, many respondents, especially private practitiol~ers, spoke of a dire need for casebooks, texts and other commentaries.

All the types of legal information considered as needs by the region's legal profession, and tools such as periodicals and law reform commission reports of various countries were held by the Faculty of Law Library, University of the West Indies, and many by the Hugh Wooding and Norman Manley Law School Libraries. Although neither these Law School Libraries nor the University of Guyana Library were established to collect legal materials on the same scale as the Faculty of Law Library, they ought to have the sam'c interest in the acquisition of regional legal materials because stud en ts enrolled in the LL.B. and Certificate of Legal Education programmes need to consult such materials ' frequently. It is for this reason that the efforts needed to complete the holdings of regional law reports and to acquire current legislation, legal monographs and periodicals of all Commonwealth Caribbean countries ought to be made by all libraries which are a part of teaching institutions. The Cayman Islands Law School is in a different situation. It is English in orientation, and this is exactly, what the founders intended. Therefore, it is not surprising that no Caribbean law reports other than the West Indian Reports, no statutes other than those of Jamaica, an island with which the Cayman Islands were closely associated for most of their history, and to which appeals still lie, and not a single issue of the West Indian Law Journal were held by the Law School or Courts' Libraries.

Libraries Catering to Legal Officers in Government Departments In all the territories, the main library in this category was that of the Attorney General's department. This library

ranged in size from about 150 volumes in Anguilla to around 15,000 v{)lumes in Guyana. In Antigua and Guyana, collections were also held by the office of the Director of Public Prosecutions, in Jamaica by the office of the Chief Parliamentary Counsel, the Director of Law Reform, the Director of Public Prosecutions, and the Inland Revenue Commissioner; and in Trinidad and Tobago the chief Par-. liamentary Counsel, Registrar General, Law Commission, Inland Revenue Commissioner and Minister of Finance. In most territories, small legal collections could be found in Parliament as well.

Although the information needs of legal officers were said in the report of the Survey of the Information Needs and Research Practices of the Commonwealth Caribbean Legal Profession, to be similar to those of academic lawyers, the collections most legal officers used were a far cry from those available to the academics. Those in departments such as Inland Revenue and the Law Commission were usually small, specialised collections of the items basic to the functioning of these offices. The Attorney General's collection were of a more general nature in Barbados, the British Virgin Islands, Guyana, Jamaica and Trinidad and Tobago. They contain:

1. up-to-date sets of the territory's legislation, and the latest revised edition of the laws of most other Commonwealth Caribbean countries, but few updating volumes or loose acts; 2. the West Indian Reports and sets (often incomplete) of national reports such as the Jamaica Law Reports and the Trinidad and Tobago Law Reports; 3. some of the major English law report series, including the All England Law Reports, the Weekry Law Reports, and Law Reports, and few of the special series such as the Criminal Appeal Reports; 4. incomplete sets of English, Canadian and other Com-

monwealth legislation;

5. the standard English legal encyclopaedias, practice books and citators;

6. some treatises, mainly published in England, but often not the latest editions; 7. a few incomplete sets of periodicals.

The Attorney General's Library in Barbados and Guyana also contained reports of law reform agencies in other Commonwealth countries, but in Jamaica and Trinidad and Tobago, these reports were housed separately in the Law Reform Committee and Law Commission libraries.

The Barbados library also contained the largest collection of Ct. Britain. Command Papers.

Of the government law libraries in this group, that of the Attorney General's Department, Guyana, was the largest. In addition to sets of pre-twentieth century English reports, it had an incomplete set of the U.S. Supreme Court Reports, the UN. Treaty Series, International Law Reports and a number of other series not held by the libraries of most other Attorneys General in the region. Unfortunately, CARIBBEAN LAW LIBRARIAN - 53

due to fmancial constraints, few law reports or series held have been updated since 1980 or 1982. This library, like that of the Attorney General in Barbados, has also been collecting and binding cases delivered in the Guyanese courts and on appeal, prior.to 1971 from these courts to the Judicial Committee of the Privy Council. Indeed, the Guyana Law Reports are prepared from these cases by recently qualified legal officers or law students as part of their in-service training. lIeadnoles for 1970-78 cases have been prepared, and the cases are in volumes ready for printing.

The Attorney-General's library in other territories ranged from that of Anguilla which contained the laws of that colony, the laws of St. Kitts-Nevis, Trinidad and Tobago and the British Virgin Islands; Halsbury Laws (3rd ed.); the Commonwealth Law Bulletin and a few titles published as part of the Common Law Library Series, to the libraries of Antigua and Barbuda, Dominica, the Bahamas, Belize, Dominica, Montserrat, St. Lucia and St. Vincent which, in addition, contained sets of the West Indian Reports, the All England Law Reports, Halsbury's Laws, Current Law, The Digest, some incomplete legislation of other Commonwealth Caribbean territories, a few incomplete periodical runs and mostly older editions of English textbooks. Few of these libraries contained any Commonwealth Caribbean materials other than the West Indian Reports and the few sets of statutes mentioned. Also none of the law reform agency reports, or legal periodicals published in the region were usually held, but the Attorney General's library in St. Vincent, although small, contained more up-to-date Commonwealth Caribbean legislation and law reform materials than many larger collections.

In all the territories included in the Survey of the Information Needs and Research Practices of the Commonwealth Caribbean Legal Profession funds for purchasing law books seemed inadequate. Most of the small budgets were spent updating law reports, and little was left for purchasing statutes, legal treatises, periodicals and other materials. Some Attorney's General libraries, such as those of Barbados, Jamaica and Trinidad and Tobago received publications from law reform bodies in Canada and elsewhere in the Commonwealth free of charge, and exchanged sets of their revised laws for those of other countries, but the practice was not Widespread. More often, where laws of other countries including neighbours in the Commonwealth Caribbean were held, they had been received as unsolicited gifts, and no efforts were made to seek updates.

The same paucity and/or incompleteness of Commonwealth Caribbean legal material as was evident in the University of Guyana and the Law School School collections were therefore a feature of most law libraries catering to the needs of legal officers in the government service. libraries Serving the Judiciary, Magistracy, Other Court Personnel and Private Practitioners : In most territories, the main libraries in this category were those of the Supreme Court and/or Court of Appeal.

CARIBBEAN LAW LIBRARIAN - 54

Collections also existed in the Industrial Court, Revenue Court and such special tribunals. Magistrates generally had a few law books assigned specifically to their offices, but in most territories each judge had a collection. These ranged from a few volumes filling one small shelf in St. Kitts to several hundred as in the Bahamas, Barbados, Jamaica and Guyana, and usually contained English, West Indian, some Canadian reports,.treatises and a few periodicals, including the West Indian Law Joumal.

An examination of the size and quality of book stocks revealed that the governments of Barbados, Jamaica and Trinidad and Tobago spent far more on the court libraries than on those catering primarily to legal officers. Usually, the court libraries contained the same law report series as the Attorney General's library and others, including special reports such as the Criminal Appeal Reports. In addition, the court libraries contained larger collections of the territory's unreported Supreme Court and Court of Appeal judgments, more periodicals and English treatises. In Guyana, the Supreme Court Law Library was comparable in size of book stock to that of the Attorney General, but was in far greater need of updating. A few recent volumes of the All England Law Reports and new editions of textbooks were housed in the Registrar's office instead of the Law Library - which was slated for repairs at mid-1984 - but the bulk of the law reports, periodical and other serials had not been added to for years.

Small law book collections were reportedly held in the offices of court clerks in San Fernando, other parts of Trinidad and in Tobago. Similar collections were also held in the Resident Magistrates' Courts in Jamaica, the Magistrates' Courts in Freeport, the Bahamas, and in outlying parts of Guyana. None of these small libraries were actually visited, but information on those in Jamaica was supplied by the Supreme Court Librarian who was responsible for their upkeep. The basic stock consisted primarily of Jamaican legislation, the West Indian Reports, the All England Law Reports, the Jamaica Law Reports, Stone's Justices Manual and a small collection of practitioners' books. It was reported that the Resident Magistrates occasionally had to borrow books from practitioners.

This practice was even more widespread in Antigua, where the Supreme Court collection of about 600 volumes was in a disorganised and dilapidated state and, where most of the main series of reports had not been updated for many years. The collection contained laws of Antigua, a few incomplete series of English Law reports, a sizeable collection of Leeward Islands Gazettes and legislation for the late nineteenth and early twentieth centuries; and a few textbooks - all older editions. Unreported Antigua High Court and Organisation of Eastern Caribbean States Court of Appeal judgments which belonged to this collection were housed in the Registrar's office.

The situation in Belize, Grenada, St. Lucia and St. Vincent and the Grenadines was little better. The court libraries in these territories contained few up-to-date report series, treatises and other legal materials except perhaps

the All England Law Reports and the West Indian Reports.

In addition, in St. Lucia, the Supreme Court collection was not easily accessible to practitioners. The Quebec Reports - considered important for interpreting St. Lucia Civil Code provisions - the latest volumes of law reports, and new editions of practitioners' texts were all housed in the High Court judge's chambers. Practitioners could make arrangements to see these books, but must have found the restricted access inconvenient.

The Law Library of the Court of Appeal of the Organisation of Eastern Caribbean States was not one of the libraries frequently consulted by questionnaire respondents in St. Lucia, largely because at the time the survey was being conducted there in 1980, this library was still being moved from Grenada to Castries, St. Lucia. Information received since then indicates that the collection is superior to any legal collection in the Organisation of Eastern Caribbean States. It should be invaluable assistance to the legal profession of St. Lucia and other territories when they are preparing appeals to be heard by the Court of Appeal, and contrasts starkly with some of the Supreme Court collections in territories which are members of the Organisation.

Other territorial Supreme Court collections not yet mentioned are those of Anguilla, Dominica, Montserrat and St. Kitts-Nevis. The collections in Anguilla and Montserrat are both small, being a few hundred volumes, but are well organised, and contain most of the materials identified by the main users of the Supreme Court libraries as needs. Thus, they both have the laws of that territory, the West Indian Reports, All England Law Reports, Halsbury's Laws, the various English form and precedent books, and the main practitioners' texts, although the latest editions of the latter may not he held. On the other hand, in Dominica and St. Kitts-Nevis, where the Supreme Court libraries had been destroyed by fire prior to 1984, only a few reports and other items were held. Under these circumstances, legal research - both for practitioners and the judges who had small office collections must be very difficult and could well be reflected in the quality of decisions delivered by the courts.

Collections Housed in Judges' Offices These were larger in Guyana, Jamaica and Trinidad and Tobago than in the other countries. Indeed it is remarkable that, in spite of depressed financial circumstances evidenced by the fact that few series held by Supreme Court Library, Guyana, have been updated during the 1980's, the judiciary in that country have been able to keep their collections fairly current. Generally speaking, the judges' libraries comprised sets of the territory's legislation and its law reports, if any, the West Indian Reports, All England Law Reports and, in the larger libraries, a number of other reports - for instance, the Commonwealth Law Reports (Australia) and the Dominion Law Reports (Canada). The leading English textbooks and treatises in the main areas of law were also usually held. However, few West Indian treatises or periodicals were seen in any of the collections examined.

Private Practitioners' Libraries These libraries usually reflected the day-to day-needs of the solo office or partnership. Thus, the library of the solo practitioner or firm which concentrated on conveyancing contained small collections. There were incomplete sets of the territory's legislation, one or two sets of the standard English form and practice books, possibly Halsbury's Laws, and a few treatises on land law and techniques of conveyancing. Not many lawyers in this category considered the acquisition of law reports of any nature, or legislation of territories other than the one in which they were working, of importance.

Individual or solo lawyers in the state of Antigua and Barbuda, in the Bahamas, the British Virgin Islands, the Cayman Islands, Jamaica and Trinidad and Tobago who were more heavily involved in general practice and in litigation, usually aimed at, and by the time they had been in practice for twenty years, may have collected sets of: the territory's laws, the relevant court rules, the West Indian Reports, the All England Law Reports, Halsbury's Laws, the English form books such as Atkins and the Encyclo- . paedia of Forms and Precedents, the Supreme Court Practice, some, if not all - of the Common Law Series and a few other mon0graphs published in England for practitioners. Usually, the monograph titles held depended on type of practice, and no attempt was made to collect in as many areas of law as possible. Thus, if the lawyer handled a large number of criminal law matters, Archbold's Pleading, Evidence and Practice in Criminal Cases, although expensive, and similar books in the field were considered worth purchasing.

The typical law firm collection in these territories was larger than that of the solo practitioner of 20 years' experience described above. It usually contained all the materials in his library, and more. The law firm library tended to subscribe to more English law report series, both of a general and special nature, and a few periodicals, whereas the typical solo practitioner bought none of the latter. The law firm also purchased a larger number of treatises. However, in the Bahamian centre of Freeport, where most of the firms were branches of large partnerships with headquarters in Nassau, the library collections were small. Apparently, all but the simplest research was conducted in the Nassau offices.

In Belize, Dominica, Grenada, St. Kitts-Nevis, St. Lucia and St. Vincent, few or no solo practitioners or law flnns boasted collections similar to those described above. Only one law firm and one solo practitioner in Grenada had complete sets of the All England Reports, the West Indian Reports, the Encyclopaedia of Forms and Precedents, Atkins' Court Forms, the entire Common Law Series and several other texts. The situation was the same as in St. Vincent. Consequently, the library of the solo practitioner with such a collection was constantly being consulted by members of the legal profession in that territory. Four law firms in Guyana, one in St. Kitts-Nevis and one in Dominica CARIBBEAN LAW LIBRARIAN - 55

had also managed to collect a few sets of the tools identified as "needs" by members of the profession. However, in these islands - as in Belize, Grenada, St. Lucia and St. Vincent - most practitioners had small collections consisting of some of the territory's statutes and a few dated textbooks. Quite a few, especially in Grenada, St. Vincent and Guyana seemed not to have even these tools, and they relied heavily on the Supreme Court Library and friends' collections.

Altogether, few practitioners' libraries, whether belonging to individuals or partnerships, contained: 1. statutes of other Commonwealth Caribbean territories, or indeed of any jurisdiction other than their own, unless these lawyers also practised in other territories. Even then, the sets were usually incomplete; 2. unreported cases of their own, or any other Supreme Court. Practitioners' Libraries in Jamaica and, to a lesser extent, in Barbados and Trinidad and Tobago were the exception; 3. the publications of law reform organisations; 4. periodicals - even those published in a particular territory, such as The Lawyer. published by the Bar Association of Trinidad and Tobago, and the West Indian Law Journal. published in Jamaica by the Council of Legal Education - were not often held by lawyers in those territories;

s.

books on the law of the Commonwealth Caribbean.

Only the large law firms and successful solo practitioners who were proud of the comprehensiveness of their collections purchased the relatively few titles in existence.

According to responses to the Survey mentioned earlier, and independent research, most lawyers in Belize, Guyana, Grenada, Jamaica, St. Vincent and St. Kitts-Nevis who had been in solo practice for up to ten years spent no more than US$250.00 in any given year on law books. In the other territories, the average expenditure of this group tended to be higher - between US$250.00 to US$2,000.00.

The heaviest spenders, being those whose bills for servicing subscriptions and purchasing new law books totalled US$2,000.00 and over annually, had usually reached the Queen's Counsel level, and were attorneys-at-law for banks and large firms. Book buying seemed to delcine after indio viduals had practised for over 20 years, and the annual expenditure for most of these lawyers was only US$500.00 to US$l ,000.00.

As far as law frrms are concerned, most of those in Belize, Guyana, Grenada and St. Vincent spent no more than solo practitioners of one to ten years' experience in the same territories. Elsewhere, the expenditure of most firms was between US$500.00 to US$2,000.OO. A few of the larger partnerships - some of which regarded books as necessary evil, and others as an important asset confer,ring a real advantage over competitors - spent an average / of US$6,000.OO annually. Needless to say, the few firms in this category were in the Bahamas, the Cayman Islands, CARIBBEAN LAW LIBRARIAN - 56

the British Virgin Islands and Trinidad and Tobago, the "wealthy" islands of the Commonwealth Caribbean.

Commentary on the Law Library Collection and Staffmg Most academic lawyers, and the few private practitioners in Barbados who conducted the bulk of their research at the Faculty of Law Library, Cave Hill, expressed satisfaction with the collection, and indicated that most of the materials which they required for research were held. However, those interviewed expressed dissatisfaction with the Library's Clipping File, which they said was not up-to-date, and with the restricted subject indexing used for the unreported cases collection. Others felt that efforts should be made to acquire copies of treatises to which Commonwealth Caribbean governments were signatories, and to fill gaps in the collection of books on commercial and international law.

Academics who conducted the bulk of their research at the Law School Libraries frequently compared these collections unfavourably with that of the Faculty of Law Library. The main complaints were that the Law Schools did not have up-to-date collections of Commonwealth Caribbean legislation, except for Jamaica or Trinidad and Tobago, or enough copies of the various Supreme Court Rules, and that the collections of unreported cases were not organised in a way to facilitate research, Some of the legal officers and the practitioners who most frequently consulted the Attorney's General and Court libraries were also critical of these collections. Legal officers, except in Anguilla, the British Virgin Islands, the Cayman Islands and Montserrat, lamented the fact that available funds hardly did more than service existing subscriptions to law reports held by the Attorneys' General libraries, With regard to private practitioners, those in Jamaica and Trinidad and Tobago had nothing but high praise for the Supreme Court collections in those territories. However, bitter c~mplaints against the court libraries were heard in Antigua, Belize, Grenada, GUyana, St. KittsNevis and St. Lucia, where the collections were disorganised and dated, or virtually non-existent - as in Dominica and St. Kitts.

One characteristic of all the Commonwealth Caribbean law libraries other than those of the Faculty of Law and, to a lesser extent, the Law Schools in Jamaica and Trinidad and Tobago, was the seemingly small emphasis placed on acquiring regional legal publications. This can possibly be attributed to lack of trained librarians to direct collectionbuilding in most territories; acquisition difficulties and lack of interest both on the part of those responsible for the libraries and their clientele. The only law libraries in the region in which trained librarians were employed at mid-1984 were those of the Law Schools in Jamaica and Trinidad and Tobago; the Faculty of Law Library, U.W.I., Barbados, the Supreme Court and Court of Appeal in Jamaica and Trinidad and Tobago; the Attorney General's Department; the Law Commission; the Industrial Court and the Tax Appeal Board of Trinidad and Tobago. In

Barbados and Guyan, library assistants had been appointed in the Supreme Court, Court of Appeal and Attorney General's libraries, but in all the other territories the libraries were supervised by messengers, and busy legal officers were responsible for recommending the new materials to be purchased. Information on new publications in the Commonwealth Caribbean is often acquired from Faculty of Law and other library accessions lists, periodicals such as the Commonwealth Law Bulletin, the West Indian Law Journal, bibliographies published within the region and newspapers. Messengers and library assistants who may or may not have had secondary education, and who were often working after having had little training and no guidance, seldom scanned the above mentioned tools for information on recent regional legal developments and publications, and the legal officers responsible for collectionbuilding were often too busy to do so. Even in Trinidad and Tobago, which has the largest number of qualified librarians in charge of the government law libraries, the Commonwealth Caribbean legal collections were only marginally better than those of territories such as Barbados and St. Vincent, where the situation was different. Not unexpectedly, no librarian in Trinidad and Tobago or elsewhere admitted being disinterested in regional materials; the main obstacles as identified by some of them were difficulties encountered in obtaining information on, and then copies of such publications, and lack of interest on the part of clientele. Admittedly, the bibliographies and current awareness tools mentioned in the paragraph above, are in no way a complete guide to legal publishing in the region, much of which is never advertised. And then, there is the troublesome question of acquisition. Some government printeries and other agencies responsible for distribution of legislation and government reports of legal interest often do not readily respond to requests for documents, and many a librarian may become frustrated and give up the chase. Other agencies require pre-payment.

Where the publications in question are the Official Gazette and legislation for which the annual price seldom changes, pre-payment at the beginning of each calendar year is easy.

However, where the publication in question is a series of law reports such as the Barbados Law Reports, or occasional papers, the pre-payment requirement means that each time on volume is published, an announcement must be sent to newspapers and interested parties. Unfortunately, this is often not done. Also, for libraries in territories such as Jamaica and Guyana - which are experiencing severe foreign exchange problems - it would be ideal if legal publications such as the West Indian Law Jounuzl and the West Indian Reports could be distributed locally. This is seldom done, and while the law libraries try to obtain the necessary foreign exchange, users are at a disadvantage.

The attitude of library users to Commonwealth Caribbean legal publications is also an important factor in determining whether a library persistently seeks to acqUire them.

For, while it is true that awareness and acquisition problems exist, few libraries will collect materials for which their clientele create no demand. Thus few Survey respond-

ents, especially private practitioners - considered Commonwealth Caribbean Caribbean legal materials other than their own case law and legislation necessary for their day to day needs and this being the case, they would not have, clamoured for the acquisition of sllch publications by the law libraries where they researched most frequently. 0

REFERENCE 1.

Velma Newton, Commonwealth Caribbean Legal Systems: a Case Study of Small Jurisdictions. Bridgetown; Council of Legal Education West Indies and Commonwealth Legal Education Association, 1985, 525p.

M. SKINNER & COMPANY LIMITED 5 THE PARADE ST. JOHNS HILL LONDON SW11 1TG ENGLAND TELEPHONE: 01-223 7724 CABLES: SKINNA LONDON SW11

Suppliers of second hand British legal reports and periodicals.

Our current list will be sent on request.

CARIBBEAN LAW LIBRARIAN - 57

Advertising by the Legal Profession A View Point

By C.V.H. Stollmeyer and K.S. Sobioll

Foreword This paper has been co-authored by the undersigned who both jointly and severally accept responsibility for its shortcomings. It happens that we are both solicitors and members of the Law Society of Trinidad and Tobago, that we are both council members of that society and that we are partners in the same firm. The views expressed herein are, however, not necessarily the views of either the Law Society or that of our firm but are rather our own submissions on a matter which we consider to be a crucial one in the development of the legal profession in the West Indies.

We have embarked in this jurisdiction, within recent times, on our own system of Legal Education which was conceptualised as being路 a platform for the assessment and re-appraisal of the legal profession in the West Indies such as intended to guarantee a closer affinity between the legal training and the societies we have to serve. It is probably significant therefore, that in deciding to attempt this paper we recognised that the one was English trained and the other West Indian trained.

Introduction Lawyers in the countries of the Commonwealth Caribbean, as indeed the British Commonwealth generally, have followed the English tradition of non-advertising. This tradition appears to have been well rooted in the profession from its early development. Indeed, the concept of a lawyer as an intermediary between the litigant and the seat of justice probably required the strict rule against advertising.

If one considers that the essence of advertising is seduction or attraction to the goods or services offered, it must also follow that for advertising to be effective on a long term bas;is then the product or service must live up to the terms of the advertisement itself or at least appear so to do. In the early days of commercialism that latter factor was easily assured if some ostensible mark or favour attached to the product or service. It is not surprising therefore, that a system of Royal Patents, Royal Medals and other symbols of status, which accorded a particular product greater credibility, developed together with the art of advertising_ The intermediaries between the litigant and the seat of ." ; j\lstice appreciated the fragility of the legal system in mainv taining the social framework. The legal system-dependect for its support and development in modern society on the CARIBBEAN LAW LIBRARIAN - 58

citizen appreciating that it involved a service .which could not have at its foundations any taint or tinge of partiality.

It was then thought that to allow the advertising of such legal service could possibly result in a complete loss of respect for the legal system and non-compliance with its judicial dictates. There is still a considerable body of support for the view that advertising should not be allowed.

Indeed, that support appears essentially to hinge on the distinction between 'a profession' and 'a trade'. It is an emotive argument which seeks to stimulate the support of legal practitioners by threatening the individual practititioner with a loss of status within the heirarchy of the society. It threatens that if you allow advertising you may as well trade your wig and gown for a greengrocer's apron.

Chief Justice William Burger of the United States of America, the ultimate free market, speaking to the American Bar Association a few years ago remarked that "advertising is now so unseemly that professional services are sold like mustard, cosmetics, laxatives and used cars".

The thrust of this paper is, however, to examine briefly the several factors which may warrant a change in the traditional concepts and to serve as a base for discussion on the guidelines which a responsible profession may establish for the promotion and/or clarification of the services which it provides.

The Practice Before considering what, if any, practical factors may determine any change in the traditional approach, it may be necessary to engage in some communal introspection.

The question, therefore, posed is whether the tradition against advertising/self-promotion is really upheld or whether it is a myth which has been shattered by years of abuse and ingenious or disingenious methods of circumvention.

It is a fact of practice that lawyers in the West Indies engage in self-promotion by their relationship with newspapers and their court reporters. It is a fact that lawyers in the West Indies directly approach potential clients, corporate or otherwise and seek to attract business by outlining the services which their firms can or are willing to provide. It is done: subtley and not subtley; at cocktail parties, meetings and seminars; by direct business conversations and by the writing of letters. It will be a monstrous self-delusion if we were' to continue to stand on the pinnacle of being an honourable profession when the base on

which we stand is being eroded by our own actions. In other words, we stand to fall proclaiming our own honourable status.

The code of ethics proposed in the Legal Profession Bill of Trinidad and Tobago makes the following provisions: "An attorney-at-law shall not endeavour by direct or indirect means to attI uct the clients of allother attorneyat-law and where a client is referred to him by another attorney-at-law the client remains the client of the refering attorney-at-law and the attorneyat-law to whom the client is referred shall act with due deference to the relationship between the client and the referring attorney-at-law".

Rule 9(1)

Rule 10(1)

Rule II

-

"An attorney-at-law may never solicit business or subject to paragraph (2) consent to become involved in a matter unless at the request of a party thereto" .

"Except as permitted by rules 12 and 13, an attorney-at-law shall not in any way make use of any form of public advertisement calculated to attract clients to himself or any firm with which he is associated and shall not permit, authorise or encourage anyone to do so or reward anyone for doing so on his behalf'.

It is questionable whether these negatives will ever be given due regard by a profession which has already lapsed into its own sub-culture based on its perception of the realities of the society and circumstances in which it operates.

It requires no real ingenuity to circumvent rules of that nature and indeed, whatever moral resolution may have dictated adherence in the past has been withered away by years of casual non-compliance. There is no intention here to indict a profession which by and large has under great strain strove to maintain very high ideals but introspective criticism must of course be harsh in order not to err on the side of one self.

Some Practical Considerations The 20th Century has been described as a period of accelerated technological advancement. The development of the mass communication media has resulted in virtually instantaneous contact with a far greater number of persons than could have been achieved by 'the town crier' in an uninterrputed year of vocal exercise. This factor has two effects:

(i)

and

(ii)

In the English speaking Caribbean it has opened the society to the changes which have taken place in the neighbouring jurisdictions of the United States and Canada; it has provided an attractive base for the dissemination of information.

The exposure effect has resulted in the situation whereby both the practitioner and the public have become aware of an approach to the profession other than the traditional British approach and are, therefore, able to weigh and assess the pros and cons as may emerge from those differences.

In fact, the whole concept of the legal practitioner in our jurisdictions is now moulded more by the burly figure of "Perry Mason' rather than 'Charles Dickens' pin-striped principal Mr. Malloy of Lincoln's Inn'. It is therefore, not surprising that the influences of change in tradition in North America will seep into the consciousness of West Indian society.

On the second factor, the development of forms of mass communication methods as a vehicle for the transmission of information has provided an attraction which hithertofore had not existed as a base for advertising. It is an attraction which proves difficult not to resist, particularly as one has seen its positive effects. We have become an information oriented society, literacy levels have almost been maximised and the average man in the street thrives on information. People believe what they see, read or hear, be it on television, newspaper or radio. The exposure to information makes them more comfortable in their appreciation and or understanding of any particular sphere of activity. There appears to be no doubt that the transmission of information on legal services can awaken in the public a greater interest and/or appreciation of their legal rights and the means whereby these may be enforced.

The technological progress in mass communication is not the only change in 20th Century society which has led to a re路evaluation of the profession's stand on advertising.

There is also the factor of competition which is itself twofaceted. External competitive forces primarily arise from professions which unlike the legal profeSSion have no restriction on advertiSing but whose sphere of operation so closely border upon the work of the legal profession that they are able to make serious in roads without restriction.

In our own jurisdiction the effect of accounts in the area of tax law has led to the situation where not many of our profession are involved, particularly in advice on tax planning whether at the corporate or individual level. In fact it it not inconceivable that given time the erosion could continue to the extent that accountants will replace the legal practitioner as advocates before the Tax Appeal Boards.

Precedent for this step has already been set by developments which have occurred in the field of Industrial Rela路 tions and it is now almost an anathema for a party in the Industrial Court to be represented by a lawyer. The preferred position is that the parties be represented by 'Industrial Relations Consultants'. Of course, there are no restrictions on these consultants freely advertising their services to the public.

Accountants also are making serious in roads into the area of company formation, company advice and the provision of company secretarial services. These are all lucrative areas of the lawyers' practice which have been eroded and transformed into seemingly new exclusive preserves of the professional accountant.

CARIBBEAN LAW LIBRARIAN - 59

The external competition can also be seen in the case of Trust companies who have developed their own professionalism in the fields of trust administration, estate planning and estate management. Again, like accountants, Trust companies are not restricted in advertising their services both in an informative and seductive manner.

The effect of tms external competition was one of the factors which propelled the legal profession in the United Kingdom to re-as,ess their position in relation to advertising. This factor was most marked, though not limited, to the activity of Building Societies in the areas of conveyancing. Admittedly the problem in this area has not yer surfaced in our jurisdictions, but the potential is there. In Trinidad and Tobago, to cite one instance, there are several mortgage institutions and there is in the offmg the establishment of a housing mortgage bank which is government funded. Faced with the social pressure in the region to provide inexpensive housing, it will not be surprising if attempts are made to introduce a system of standardised mortgage documents to be prepared in-house by these institutions.

In so far as internal competition is concerned, one must consider that there has been a marked growth in the population of the legal profession in the West Indies primarily as a direct result of the output from our own system of legal training. In Trinidad and Tobago we estimate that the population doubled within ten years of the establishment of our own Faculty of Law and Law Schools. In fact, the Council of Legal Education, which governs the professional training of lawyers in the West Indies, has within the last year established a special committee to grapple with the problem of man-power needs in the several territories with a view to readjusting - among other things - the quota for entrants in respect of individual territories.

The pressure of internal competition has been diagnosed as one of the factors which led to the placing of newspapers advertisements by two locally trained lawyers of Trinidad and Tobago a few years ago. The assertion by these two lawyers that they were not bound by the British tradition seems not really an excuse for their action but could be construed as a positive assertion that the time had come to examine our own social conditions with a view to determining whether we should follow a tradition which may bear no relevance to the actual social circumstances under which we as attorneys operate.

A case may also be made in favour of advertising from the perspective of need in a developing country. Tms argument was advanced rather forcibly at the Seventh Commonwealth Law Conference by Professor Ahmad Ibrahim of the University of Malaya. He stated in part:

/ :

"In a country where public awareness of legal rights and resources are lacking, it can be presumed that there is also lacking an awareness of the availability and location of legally qualified personnel and of the nature of work in which they specialise.

"In countries like Malaysia where the literacy rate is even lower than in England, it can be assumed that a CARIBBEAN LAW LIBRARIAN - 60

similar problem exists, perhaps in a more acute form.

"One manner in which awareness of the availability and range of legal services may be enhanced is through the means of advertising. There is little doubt that an increase in the awareness of the availability of legal services is desirable as it would enable the public to select an advocate and solicitor who would be able to serve their needs in the best possible manner.

"Another possible advantage of advertising is that it may encourage the public to seek legal advice on their problems. This would help them to identify their legal problems and to take the necessary steps to obtain legal redress if they so desire."

Tms view recommends itself as being also applicable to our West Indian communities and we may venture to add that its real import is not only in relation to private citizens rights 'inter se' but is of greater significance in ensuring that the rule of law is maintained in the spirit intended by the makers of our constitutions. The potential benefits to be derived based on these arguments appear therefore to be manifold and far reaching.

Approaches To Advertising By The Profession This section of the paper is predicated upon the assumption that advertising by lawyers is desirable, acceptable and necessary. We accept that to prohibit it altogether, or to limit in some way may be - or be looked upon as - infringement of an individual's constitutional rights but on that aspect we make no further comment save to say that if such an infringement is the only bar to all of us advertising as we wish, then what are we doing here today?

Advertising is a concept which is practice has led to a vast number of problems outside of the legal or any other profession. Advertising associations have had - and still have - difficulty in persuading advertising agents and their clients to observe a code of conduct. On occasion governing bodies have not been able to effectively discipline errant members. In other words, we do not think that we can just open the flood gates and then stand back and look at the deluge sweep across the plains of common sense, training, fair play, and most of all, professionalism.

The fact remains that once expanded advertising is permitted, there is no turning back. There is no hope of returning to the 'status quo'. It is simply a matter of trying to develo~ and maintain a system of rules and regulations, whatever or however one may wish to call it or them, whereby a measure of restraint is exercised sufficient to ensure that, while the true objectives of advertising are accomplished, the image of the profession and its dignity are maintained untarnished. IneVitably, there must be a period of time, hopefully relatively short, when there will be indeCision, confusion, discussion and argument - possibly acrimonious debate - as to how best this can be achieved. There is no assured formula for success but there is always much to be learnt from the experience of others.

It is perhaps unfortunate that the opportunity has not arisen to look closely at what guidelines or decisions may exist as regards advertising by lawyers in those countries where it is permitted on a scale wider than that which has been accepted over the years. As best as can be established advertising is frowned upon, if not prohibited, in nearly every English speaking Caribbean country. Certainly this is so in Trinidad and Tobago.

It has only been within comparatively recent times that the United States of America, several Canadian Provinces, certain Australian States and England have allowed legal practitioners to increase the scope of permitted advertising, in some countries moreso than others. Additionally, increased advertising has been approved in principle in New Zealand and draft Advertising Rules have been published.

It would have been of great assistance in presenting this paper to have had a greater opportunity to analysing the reasons underlying permitted advertising, any rules or regulations imposed as to how permitted advertising should take place and any decisions Uudicial or otherwise) dealing with advertising which has actually taken place after being permitted. The last of these is perhaps the most inlportant because no matter what may be said in favour of advertising it is what is actually done by lawyers that provides the truest indication and basis for deciding whether it should be allowed at aIL It goes without saying that there is no hope of success, certainly not in the long term, unless there is in existence, at the time of widening the scope of permitted advertising, a well established and properly functioning governing body which is properly staffed and funded to oversee and discipline errant practitioners.

How then are we to go about widening the scope of permitted advertising in practice? Looking at the experiences of other countries, there appear to be three possible basic alternatives. As to which is the most desirable or the most likely to succeed in any particular country will depend to a very great extent upon individual perceptions of advertising: e.g. as a constitutional right of a lawyer; or as a means of giving to the public information which it requires or to which it is entitled; or the needs or requirements of a particular society. It may well be that one or more than one of the alternatives outlined below are viable in a particular society but more often than not the most workable solution is likely to be a blend of two or more to them.

1. Advertising on behalf of the profession by a single body or authority (i)

this will give more effective control of advertisements; (ii) it serves to eliminate 'the wealthy swamping the poor'; (iii) this may be more appropriate where the society is a small one where everyone knows everybody else and/or where its scale fees may be enforced.

There are, of course, several arguments against this proposition: (i) there will be a tendency to stifle true competition;

(ii) the public will not be able to receive information relative to a particular firm or to the matters which that firm may handle.

2. Advertising by individual practitioners or firms, subject to the supervision of a governing body or authority (i) this proposition pre-supposes the existence of a regulatory body having the financial and human re路 sources to perform the supervisory and diSCiplinary functions in fact as well as - if not more important路 ly - ill law. This allows individuals and firms (sub. ject to certain rules and regulations) to more effectively give the public, information which is of benefit. (ii) it provides a stimulus whereby the individual practitioner must maintain his proficiency. (iii) rules made by the governing body should be so tailored as to effectively eliminate: (a) touting, which is regarged by many as being the antithesis of professionalism (b) undercutting ( c) claims to specialisation (d) comparison with the services provided and the fees charged by other lawyers (e) providing the names of existing clients to prospective clients (iv) in order to achieve the objectives set out at (iii) above the rules must provide guidelines for the format, content, frequency and mode of publication.

3. Advertising without restriction It is unfortunate that in such a situation, as ideali~,tic as we may wish to be or as naive as we may in fact turn out to be there is too great a likelihood of chaos ensuing.

A total lack of restriction is seen by many as a recipe for touting, undercuttillg and for advertisements which can only be regarded at best as being in poor taste - all of which either individually or collectively serve only to de路 tract from the dignity of the profession.

It is a fact of life that where no restraints exist we are all too prone to go overboard in our enthusiasm for a new concept and cast caution, dignity and professionalism to the winds. In our over路enthusiasm, these very basic but all important tenets are on occasion forgotten, and when one member of an association, organisation, even a profession, breaks the ranks, then others will follow suit and forget the niceties and dispose with tradition and dignity. Sight of certain basic and absolutely essential concepts very easily get lost in a tooth-and-nail battle for survival, and there is a very great danger of that happening particularly in societies where there is a limited market and perhaps too adequate a number of professionals to provide that society with a proper and efficient service.

As a further variation to the alternatives set out above, there are those practitioners who hold the view that the existing restricted scope of advertising can be expanded to a limited extent by allowing lawyers to send to their clients CARIBBEAN LAW LIBRARIAN - 61

brbchures detailing the services which he (or the firm) can provide and setting out the fees charged in respect of the various matters handled on behalf of clients. This proposal has been extended to the sending of 'newsletters' to clients informing them of changes in,the law etc. which might be of interest to the client either now or at some time in the future. It has also been suggested that these brochures and newsletters might be circulated amongst other professionals with whom the Jawyer (or the firm) has regular contact. This variation and other possibilities are areas which should be developed by the profe'ssion.

Conclusion No attempt has been made in this paper to analyze whether or not it is an injury to our constitutional guarantees to prohibit advertising by the profession. It would seem that there is some inevitability about change in the existing tradition. If such change is resisted then there is

the likelihood that a constitutional challenge may be launched in which event the floodgates would indeed be opened. The view that the professionalism and dignity of lawyers and the law would be lost by permitting advertising appears to be without logical foundation. It is for a responsible profession to organise itself in a responsible manner.

In Bates v. State Bar of Arizona (1977) 433 U.S. 350, the Court found 'inter alia' that advertising would not have an adverse effect on professionalism nor would it adversely affect the administration of justice. The debate in this area should now move to another level and practitioners in the region should now direct their attention to the developing of ethical rules to govern advertising and the machinery for the enforcement of such rules.

*

This paper was submitted to the Joint Canadian/Caribbean Bar Association Meeting held at the Dover Convention Centre in Barbados on February 24 and 26, 1985.

The authors are both solicitors in Trinidad and Tobago.

The Use and Non- Use of New Sentencing Options* **By Delroy Chuck

The Criminal Justice (Reform) Act 1978 provided the Judicial system with new sentencing measures to assist the sentencers to dispose of convicted criminals. The Act itself was hailed as innovative, facilitative and designed towards more utilitarian forms of punishment rather than a strict retributive aim. The principal measure introduced were (a) the suspended sentence and the suspended sentence supervision order, (b) the payment of fines by instalments, (c) community service orders, (d) weekend and deferred prison sentences and (e) restrictions on the imprisonment of young offenders. Several seminars involving Judges, Resident Magistrates, practitioners at the bar and others were held in which the operation of the Act, along with the introduction of Parole, were discussed. How well has the Act fared in the past five years?

Table I shows a Time Chart of fine categories over a period of 8 years. It can be observed that during that period an average of 2451 prisoners were received in correctional institutions with a high of 2666 in 1981 and a low of 2284 in 1980. Of this figure an annual average of 706 persons or 28.80% of persons going to prison were admitted because of a failure to pay the fine. This information it is suggested is a most unfortunate and scandalous state of affairs. It reflects primarily a financial disability on the part of conI victed persons who are required to serve a period of im• prisonment in lieu of the payment of the fine.

Clearly, it can be accepted that when a fine is imposed CARIBBEAN LAW LIBRARIAN - 62

the court effectively acknowledges that a term of imprisonment is not required and a non-custodial penalty is desirabJe. But in approximately 30% of the admissions to correctional institutions the primary sentence of the court is frustrated. While it may be true that some offenders choose to serve the sentence rather than to pay the fine, in which case the threat of imprisonment has dissipated, it is suggested that the main reason for failure to pay this fine is that of financial disability on the part of the convicted man or his family. This situation ought to be remedied because these offenders are usually admitted for short periods which imposes an unnecessary administrative burden on the prisons and also on the transportation of prisoners by the police vehicles. Surely, it must be recognised by our sentencers and other persons in authority that many of these convicted persons genUinely cannot pay and the figures in Table I is a testimony to the reality. Can anything be done?

The Criminal Justice (Reform) Act sought to alleviate this situation by providing for the payment of fines by instalments. Section 4(2) states: Where any fine has been imposed by a Circuit Court the Court at the time when such fine is imposed or at any time thereafter may (a) allow time for payment of the fine, (b) direct that the fine be paid by instalments,

\j

/I

TABLE I

No Fine Option

Failure to Pay Fines

Years

Total

Numbers

Numbers

1976 1977 1976 1979 1980 1981 1982 1983

2428 2449 2427 2515 2284 2666 2374 2468

1725 1675 1826 1784 1568 1711 1624 1744

% 71.0 68.6 75.2 70.9 66.7 64.2 68.4 70.6

675 720 576 683 695 914 704 682

% 27.8 29.4 23.7 27.2 30.4 34.3 29.7 27.6

Fined & Confined Numbers 28 54 25 48 21 41 46 42

% l.2 2.2 1.0 l.9 0.9 1.5 l.9 1.7

Compliments of Mrs. Myrtle Gradison, Statistician, Dept. of Correctional Services.

(c) extend the time allowed for the payment of the fine or for the payment of any instalment thereof and the person liable to pay the fine may be required, if the Court thinks fit, to enter into recognizance with or without surety to the satisfaction of the Court for the due payment thereof.

Prima facie, this subsection seems a marvellous innovation until it is observed that the payment of fines by instalments is restricted to the Circuit Court. The majority of fines are imposed in the Resident Magistrate courts where the minor offences are tried. In the Circuit Courts, because of the nature and gravity of the offences, few offenders are fined while the majority are confined without the option of a fine. Accordingly the provision of the subsection is futile and until it is extended to all courts, in particular the Resident Magistrate Courts, then Table I will bear similar figures each year. Alternatively, sentencers may consider using other provisions of the Act which as Table 2 will show is under-utilized.

offences. As an alternative to the fine, it would keep away from prisons many convicted persons for whom a custodial sentence is not intended. Indeed, in our society where unemployment borders on 27%, it is extremely difficult for many, and certainly impossible for some convicted persons, to pay the fines imposed within the short time allowed.

Many of these persons would welcome the opportunity to compensate and to pay back to the community through their skills, work and time rather than by a monetary penalty.

The non-use of the Community Service Order is definitely a cause for concern. At its inception, and as it is seen in countries adopting it, the Community Service Order was viewed as a rewarding form of endeavour by the convicted perSOll. He would repay in some small way to the community for his devious ways; the community would also benefit from his effort and moreover he would be kept away from a penal institution. With all these positive factors, the neglect, under-utilization and indeed non-use of this penal measure demands a thorough examination by the proper authorities.

It is amazing that 5 - 6 years after the introduction of the Community Service Orders that only nine (9) persons have been dealt with through this provision. Certainly, it cannot be argued that there are not enough worthy community projects which need assistance. Why then has this penal measure been largely ignored? Firstly, many Resident Magistrates are not aware of its existence; Secondly, some Magistrates who are aware of its existence are uncertain as to its operation, Thirdly, the Resident Magistrates do not have available to them a list of projects to which convicted persons could be sent to do community work; Fourthly, the probation service is over-burdened with a massive caseload and cannot give their usually helpful assistance to (a) compile a list of worthwhile projects and (b) ensure that the convicted man pursues the work under the Order.

The suspended sentence has received a much better reception in the Resident Magistrate's Courts even though it is ignored (to an extent which implies disapproval) in the Supreme Court. The extent of the use of the suspended sentence has not been determined even though information received indicates that it is sparingly used. It appears further that some Magistrates are more likely to use the suspended sentence than others but this observation is not reliable as figures are not available. The Suspended Sentence Supervision Order which is basically a combination of the suspended sentence and probation seems to have fared much better than say the Community Service Order.

Table 2 shows the frequency with which the Suspended Sentence Supervision Order has been utilized.

The Community Service Order is undoubtedly a modern, effective and appropriate penal measure to impose in most

The interesting feature of Table 2 is to note the significant fall in the use of Probation since 1978, in particular, CARIBBEAN LAW LIBRARIAN - 63

TABLE 2

Probatio n Adult

Juvenile Years

Malt'

Fern

~"hle

Fern

Total

1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983

387 330 472 587 607 658 587 635 501 468 396 402 378 447

73 83 106 138 160 211 180 181 146 142 114 127 119 136

298 172 214 270 382 372 388 406 291 282 181 249 234 239

61 37 52 61 75 67 97 71 52 60 51 63 82

819 622 844 1056 1224 1308 1252 1293 990 952 742 841 813 899

77

Community Suspended Sentence super- Service order vision order Fern Male Fern Male

3

40 30 105 106 131

10 17 12

2

9

3

1

Complime nts of Mrs. Myrtle Gradisoll, Statistician, Dept. of Correctional Services.

it can be observed that there are less adult probationers.

The reason for this fall in probatio n usage can only be a matter of guesswork as their is no official policy change regarding probatio n. However, it appears that sentencers are using the new sentencing options, the Suspended Sentence and the Susptmded Sentence Supervision Order, as an alternative to probatio n. In essence, the sentencers have imposed another non-custodial measure in lieu of one with which they are familiar. If this is so then the introduc tion of these two new sentenCing options are of less value than they should be because sentencers generally restrict them as alternatives to probatio n and less as alternatives to custodia l sentencers.

Alas, the suspended sentence in its pure form or with a supervision order is not readily appreciated in the philosophy of punislunent. As the Act specifies, before this penal measure is imposed, the sentencer should first determine the sentence and then if it is a term of imprisonment of less than 3 years the sentence r may consider whether or not to suspend it for a given period. The relevant portion of the Act states:

,/

A court which passes a sentence of imprisonment on any offender for a term of not more than three years for any offence, may order that the sentence shall not take effect unless during a period specified in the order, being not less than one year or more than three years from the date of the order (hereina fter referred to as the "operati onal period") the offender commits in Jamaica another offence punishable with imprisonment for a peri,od exceeding six months ....

The system introduc ed into Jamaica is a very flexible one.

There are only two restrictions, firstly, that the sentence should not be above three years and secondly, that the offence must not have been committ ed with a firearm or imitation firearm. The system does not impose the obligation to suspend all sentences below six months as obtains in England.

The Court is empowered to suspend a prison sentence on all types of offenders. It is interesting to note that in the experience of other countries, notably Israel, an offender who has a previous experience of imprison ment will not be too impressed with the suspended sentence. The philosop hy behind the suspended sentence is to deter the convicted persons from future offences by holding a "stick" over their head; its effectiveness is based on the fear of imprison ment which will certainly follow. The original aim of the suspended sentence was definitely "to avoid the bad influenc e of a short term prison sentence on a person considered capable of imprison ment."

In its original form, the suspended sentence could also be used as an alternative to the fine. Unfortun ately, many sentencers see the suspended sentence as a let-off rather than a real sentence with any impact. This no doubt explains the readiness of Resident Magistrates to impose a fine rather than a suspende d sentence. Additionally, a suspended sentence does not have any immediate consequence and in many offences, especially where violence is used, the sentence r tries to impose a sentence which carries some immedia te pain to the offender . Indeed, within the philosophy of punishm ent the suspended sentence has a strong utilitaria n bias which deters the offender from future offences rather than a retributive consequence which exacts pain for past misdeeds.

The use and effectiveness of the suspended sentence in Jamaica has not yet been assessed. Nevertheless it would be enlightening to know how many offenders, on whom suspended sentences were imposed, have had to serve them because of breaches during the operational periods. This information is undoubtedly of vital importance to guide and to determine sentencing policy.

The remaining two sentencing measures have been ignored by the judiciary. The Act provides for special consideration for young offenders between the ages of seventeen and twenty three. The principal purpose of this measure is to avoid the imprisonment of the young offenders or to give reasons when imprisonment is deemed necessary.

The week-end and deferred sentences are provided for in subsection 13(i) which states inter alia that all offenders who have to serve a sentence of less than three months be allowed to serve it "at stated periods" once certain conditions are satisfied.

The latter two penal measures have been tried with varying success in other countries. Regrettably, for unknown reasons, they have not been implemented in Jamaica. The boundary, consequence and usefulness of their implementa路 tion were dealt with in an unpublished paper "REFORM OF SENTENCING POWERS IN JAMAICA" by the present author (which is available from the Faculty of Law, U.W.I.).

Hopefully, the Authorities will in the immediate future do a full assessment of the USE and NON-USE of the penal measures in the Criminal Justice Act 1978 and the likely conclusion is that our SOCiety is a conservative one which resists change and is unwilling to venture into new fields.

The fact that crime has not abated during the past fifteen years or so brings into question the effectiveness of our present penal measures and it is suggested that there would not have been any great risk if the new penal measures were used more frequently, the pain and burden on offenders and the society would definitely have been less. 0

The Duplicates Disposal Scheme JAMAICA GAZETTE SUPPLEMENTS .

Proclamations, Rules and Regulations Available 1932 1933 1945 1946 1949 1951 1953 1976 Pts.l and 2 1977 Pts. 1 and 2 1978 Pts. 1 and 2

4 copies 1 copy I copy 1 copy 4 copies 1 copy 1 copy 5 copies 16 copies 14 copies

The above list represents copies of items available for disposal, as outlined in the Curihbean Law Librarian vol. 2(1) March 1985, at page 14.

Applications should be in writing and are to be forwarded to: Mrs. Yvonne Lawrence Supreme Court Library P.O. Box 491, Kingston Jamaica, West Indies.

Fred B. Rothman & Co. 10368 West Centennial Road Littleton, Colorado 80127 (303) 979-5657

* This paper was presented at the Jamaica Bar Association Seminar on July 14, 1984, at the Seawind Hotel in Montego Bay, Jamiaca. **By Delroy Chuck Lecturer, Faculty of Law University of the West Indies Mona Campus, Jamaica.

Attorney-at-Law.

Books, Periodicals and Microforms in law and related fields.

Catalog available on request.

'f0 Years of Service to the Law Library Profession

1945-1985

CARIBBEAN LAW LIBRARIAN - 65

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Caribbean Legal Miscellanea:

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ANGUILLA-LAW-INDEXES Consolidated index of ANGUILLA. Laws, statutes, etc.

1st January 1984, to n latio statutes and subsidiary legis mett ]. Cave Hill, Barbacompiled ... by [Sir Clifford Ham 1984. 59p. dos. U.W.!. Faculty of Law libra ry.

BARBADOS-LAW -INDEXES Consolidated index of BARBADOS. Laws, statutes, etc.

1st January 1985, to n latio legis y statutes and subsidiar mett ]. Cave Hill, Barbacompiled ... by [Sir Clifford Ham 1985. 114p. dos. U.W.I. Faculty of Law Ubrary.

BERMUDA-LAW-INDEXES Consolidated index of BERMUDA. Laws, statutes, etc. n to I st Janu ary 1985, statutes and subsidiary legislatio mett 1. Cave Hill, Barbacompiled. .. [by Sir Clifford Ham 1985. 112p. ry.

Ubra dos. U.W.I. Faculty of Law -INDEXES BRITISH VIRGIN ISLANDS-LAW s, statutes, etc. ConBRITISH VIRGIN ISLANDS. Law idiary legislation to 1st solidated index of statutes and subs Clifford Ham mett ].

Sir January 1984, compiled ... [by Law Library. 1984. of lty Facu .I. Cave Hill, Barbados. U.W 65p.

S CAYMAN ISLANDS-LAW-INDEXE tes, etc. Consolidated statu , CAYMAN ISLANDS. Laws lation to I st January legis y idiar subs and tes index of statu mett] . Cave Hilt, Ham 1985, compiled ... [by Sir Clifford . 74p.

1985 ry. libra Law of Barbados. U.W.I. Faculty CRIME PREVENTION es to deal with the CHUCK, DeJroy. New approach at the University of the problem of crime. Paper delivered . 17p.

Netherlands, Antilles. Oct. 2, 1985 DOMESTIC RELATIONS relating to children in JAC KSO N,L eigh ton M. The law ce, United Nations Justi of Jamaica. [Jamaica]. [Ministry on the guardianort Rep Pt.1: 5].

[198 Children's Fund1.

Report of the status of ship and custody of children. Pt.2: children in Jamaica. es with the Status JACKSON, Leighton. Some difficulti U.W.!. Faculty of . ados Barb Hill, of Children Act. Cave Law. 1985. 13p. domicile: England, SYKES, Brian. The married woman's Young Attorney. 1985.

Barbados and Trinidad and Tobago.

10-13.

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DOMINICA-LAW-INDEXES Consolidated index of DOMINICA. Laws, statutes, etc.

1st January 1984, to n latio legis y statutes and subsidiar mett 1. Cave Hill, Barbacompiled ... [by Sir Clifford Ham . 97p. dos. Faculty of Law Ubrary. 1984 TOBAGO EAST INDIANS IN TRINIDAD AND of the law affecting ent lopm DALY, Stephanie. The deve er presented at [Pap go.

Toba and idad East Indians in Trin Caribbean]. the in ns the Third Conference on East India . U .w.I. idad Trin e, ustin Aug Aug. 28-Sept. 5, 1984. St. 1984. 25p. matrimonial Islamic HOSEIN, Fyard. The reception of ented at the Third pres r law in Trinidad and Tobago. Pape bbean. Aug. 28 -.

Cari the in ns India Conference on East idad. U.W.I. 1984, 20p.

Sept. 5, 1984. St. Augustine, Trin FAMILY LAW relating to children in JACKSON, Leighton M. The law ce, United Nations Justi of Jamaica. [Jamaica]. [Ministry rt on the guardianRepo 1: Pt. 5J. Children's Fun d]. [198 Report of the status of ship and custody of children. Pt. 2: children in Jamaica. difficulties with the JACKSON, Leighton M. Some ados. V.W.I. Faculty Barb Hill, Cave Status of Children Act. of Law. 1985. 13p.

GRENADA

Dunkerley. Grenada: AM BURSLEY, Fitzroy and J. rican Bureau. 1984.

Ame Latin on.

Lond whose freedom?

128p. ada: intervention, inDOMINIQUE, Francois, ed. Gren Dominique. 1984.

F. x.

Croi St. ion? miss vasion, rescue 110p. ada revolution, the NEDD, Sir Archibald. The Gren ssity. Presentation nece of rine doct Supreme Court and the ding Law School. St. address delivered to the Hugh Woo 17p. .

Augustine, Trinidad. Oct. 12, 1985 lution and invasion.

PAYNE, Anthony. Grenada revo . 233p .

New York. St. Martin's Press. 1984 INDUSTRIAL LAW ces by employees DEACON, Ulie th C. Criminal offen loyer. Young Attorney. grounds for dismissal by an emp 1985. 16-19.

INSURANCE LAW NILES, Errol. The insurance agent: an agent of necessity? Young A ttorney. I 98S. 45-46.

Conference on East Indians in the Caribbean. August 28 ~ Sept. 5,1984. St. Augustine, Trinidad. U.W.I. 20p.

MONTSERRAT-LAW-INDEXES

INVESTMENTS, FOREIGN CHEROL, Rachelle and S. Zalduendo. Legal framework for foreign investment in the Caribbean and Central America. J 8 Imemational Lawyer. Fall, J 984. ':157-982.

JUDGES

~

JAMAICA

CAREY, Boyd. J.A. The role of the judge in a developingJamaica. Young Attorney. 1985. 7-9.

JURY DEOSARAN, Ramesh. Trial by jury: social and psychological dynamics. Trinidad. U.W.!. Institute of Social and Economic Research. 1985. 324p.

LAW AND POLITICS ~ GUY ANA JAMES, Rudolph and H. Lutcrunan. Law and the political environment in Guyana. Georgetown. Institute of Development Studies, University of Guyana. 1984.

LAW AND SURVEYING BREAKENRIDGE, Norma. Law and surveying ~ how do they interact? Young Attorney. 1985.36.

LAW LIBRARIES ~ TRINIDAD AND TOBAGO THE CARIBBEAN ASSOCIATION OF LAW LIBRARIES. Union list of journal and law reports titles represented in the law libraries of Trinidad and Tobago. St. Augustine. The Association. 1984. [13] p.

LEEWARD ISLANDS ~ ECONOMIC POLICY DALHOUSIE UNIVERSITY. Faculty of Law. Dalhousie Ocean Studies Programme. Development and ocean management in the Eastern Caribbean: the case of the Leeward Islands. Halifax, Nova Scotia. 1984. xviii, 225p.

LEGAL LITERATURE FENTY, Leslie. The literature of the law: law reports and treatises. 2 Caribbean Law Librarian. July 1985.30-33.

KULKARNI, H. M. Parliament and its publications. 2 Caribbean Law Librarian. July 1985.37-38.

MONTSERRAT. Laws, statutes, etc. Consolidated index of statutes and subsidiary legislation to 1st January 1984, compiled ... [by Sir Clifford Hammett]. Cave Hill, Barbados. U.W.I. Faculty of Law library. 1984. 75p.

MULTINA TIONAL CORPORATIONS - CARIBBEAN AREA THE RESOURCE CENTER. Transnational corporations in the Caribbean: strangers in paradise. Albuquerque, New Mexico. The Resource Center. 1984. 44p.

PRACTICE AND PROCEDURE SMALL, Hugh. Opening and closing addresses and submissions. Young Attorney. 1985.30-34.

RACE DISCRIMINATION~UNITED STATES~ COURTS HARRISON, Samuel. Race realism and the United States Supreme Court. Young Attorney. 1985.21-22,44.

TORTS SOBION, K.S. Negligellt mis路statement ~ directions on the development of a tort. Paper presented at the legal seminar, "Legal developments in the Jaw relating to banking" held in Trinidad at the Royal Bank of Trinidad and Tobago. Oct. 12-13, 1984.

TRINIDAD AND TOBAGO -- LAW ~ INDEXES

TRINIDAD AND TOBAGO. Laws, statutes, etc. Consolidated index of statutes and subsidiary legislation to 1st January 1984. compiled ... [by Sir Clifford Hammett].

Cave Hill, Barbados. U.W.I. Faculty of Law Library. 1984.

121p.

TURKS AND CAICOS ISLANDS-LAW-INDEXES TURKS AND CAICOS ISLANDS. Laws, statutes, etc.

Consolidated index of statutes and subsidiary legislation to 1st January 1985 ... compiled [by Sir Clifford Hammett].

Cave Hill, Barbados. U.W.I. Faculty of Law Library. 1985.

SOp.

LAWRENCE, Yvonne T. The literature of the law: statutes and subsidiary legislation. 2 Caribbean Law Librarian. July 1985.23-26.

LIBRARIANS RATTRAY, R. CarL Legal information vs. legal advice: the role of the librarian. 2 Caribbean Law Librarian. July 1985.35-37.

MARRIAGE (ISLAMIC LAW) ~ TRINIDAD AND TOBAGO HOSEIN, Fyard. The reception of matrimonial Islamic law in Trinidad and Tobago. Paper presented at the Third CARIBBEAN LAW LIBRARIAN - 67

AND DISTRIBUTION COOPERATIVE ACQUISITION S SCHEME FOR LEG AL MATERIAL Libr arie s Rcsp onsi bilit ies of Part icip atin g BARBADOS: Facu lty of Law Library, Cave Hill Campus: (1) The distr ibuti on of (i) (ii) (iii) (2) Clearing-house Library for

Legislation Unre port ed cases Anguilla to Grenada.

Gazettes from Eastern Caribbean, Barbados and East ern Caribbean.

Supr eme Cou rt:

Cou rt of Barbados.

Unre port ed decisions of the Supreme

GUYANA: University of Guyana: ished in Guyana.

Unre port ed easel> and legislation publ JAMAICA: Norman Manley Law School: Bahamas, Cayman tern Caribbean territories from the (1) Legislation from Jamaica & Wes British Virgin Islands.

Islands, Turks and Caicos, Belize and s. ica and Western Caribbean territorie (2) Clearing-house Library for Jama Supreme Cou rt: Western Caribbean territories.

Unre port ed cases from Jamaica & TRI NID AD & TOBAGO: Atto rney General's Library: Legislation of Trinidad & Tobago.

Court of Appeal Library: of Appeal.

Unre port ed decisions of the Court Hugh Wooding l.aw School: (1) Privy Council decisions. idad & Tobago.

(2) Clearing-house Library for Trin Industrial Cou rt: l Court.

Unre port ed decisions of the Industria Supreme Cou rt: Court.

Unre port ed decisions of the Supreme Tax Appeal Board: eal Board.

Unre port ed decisions of the Tax App

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"-"'T'>"

AnTA. l\.l

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hR

Libraries and the Microcomputer Revolution

By Enid Brown Head, Loan and Reference, Main Library, U.w.!.

Mona Campus, Jamaica.

Computers have been traditionally used in libraries to improve day-to-day library procedures and to increase productivity. Their earliest applications have been to technical services and circulation to perform repetitive, time consuming, labor intensive tasks. Statistics generated from the traditional applications have been useful in library management; for example, statistics on usage facilitate collection development decisions. Increasingly, computers are being applied to administration to improve management effectiveness and productivity. There are many general business software packages that are appropriate for library use, and micros have hrought user-friendly services to the lihrary community.

The two most significant public service applications of the microcomputer are the support of on-line data bases and the searching of remote vendor systems. No doubt, small-scale computers in the future, will continue to be used in and by libraries for the streamlining and improved operations of circulation, cataloguing, serials control, audiovisual services, administration, and reference. As more software packages are developed and as the capabilities of the computer increase, new features will be added. They will be used more frequently as stand-alones, (Jess as back-ups to mainframes), as front end devices, and as interfaces with networks and bibliographic utilities. There will be increasing applications to management. Already, Integrated Library Systems have been developing in several libraries, based mainly on the use of small computers. Local Area Networks are increasingly being applied to libraries. Networking, through the use of powerful small computers with compMx multifunction capabilities, will continue and increase in the future. There will he an increase in the linking of independent libraries, and multibranch systems can be supported through the application of microcomputers in Integrated Library Systems and Local Area Networks.

As more software is developed, there will be an increase in the use of small-scale computers to support the data base of on-line public-access catalogues and to provide on-line catalogue searching. The use of small computers for inhouse data base support will increase. Many files maintained in libraries are small, and these are therefore prime candidates for support of small computers. Small files such as local newspaper indexes, re.ady reference files, information and referral files and catalogue of small or special collections - may be structured according to the needs of

the library. Microcomputers for public access will be found increasingly in all kinds of libraries.

There will be an increase in the use of small-scale computing equipment in the education and training of library and information professionals and of users of library and information services. Computer-aided instruction (CAl) can be used for hoth library orientation and formal instruction.

The microcomputer is particularly suited to CAl within the library. Library instruction programmes do not require large volumes of storage space, and therefore the limited storage capacity of the smaller microcomputers is not important.

In spite of the varied applications of small computers in libraries, it appears likely that on-line searching will become ill the future the primary use of micros for libraries.

The numbers and types of vendor-produced on-line data bases have grown tremendously, and libraries are making increased use of remote information search services. A most important change in library service is the enhanced reference service provided to patrons by the use of the microcomputer in gaining access to data bases. The data bases are comprehensive and ClIrrent, therehy providing more comprehensive and effective searching than the use of printed tools. Computers and computer networking have made possible the accumulation of information inconceivable a few years ago.

Microcomputers can emulate most terminals, generally using a modem for access via standard phone lines, and they provide searching assistance beyond the capabilities of dumb terminals. The micro can store log-on procedures, switch between files and systems, download data, and reformat the downloaded information from which pUblications may be produced according to local requirements.

Search results may be refined and files merged to produce bibliographies. The results of a search can be transferred to the requester's private file (thUS enhancing Selective Dissemination of Information (SOl) services) or simply delivered via electronic mail. Frequently used search strategies can be stored to avoid future rekeying. The strategy can be retrieved and reviewed for necessary modification before being transmitted with a new search. Current awareness services offered by libraries can store search requests on a microcomputer for periodic matching against the specified files. On-line ordering is also possible. Electronic pUblishing has increased.

CARIBBEAN LAW LIBRARIAN - 69

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Brita in, the hom e infor In the Unit ed State s and Grea t ne services. DIA LOG 's on-li to mati on user also has access , The Sour ce and Dark r Afte 's BRS Kno wled ge Inde x, user s of hom e or pers onal Com pu Serv e are tailo red to the elec tron ic mail and telecom pute rs. New services, inclu ding rmat ion services (videoinfo sed le-ba facsimile, plus new hOll d a new chal leng e to the intext and telet ext) have pres ente have access to elec tron ic form ation indu stry. End users now incre asing ly infor mame beco info rmat ion sour ces as they "use r-fri endl y" with rate r-lite pute com tion -- and syste ms available. s to info rmat ion, man y As a resu lt of access by end user iary will disap pear , med inter as believe the libra rian' s role expa nd. The dem ands of but it is also thou ght that it will ion will incre ase; the user the user on the libra ry for info rmat ion, but with so muc h rmat info will wan t qual ity, up-t o-da te data bases, it is the of ty varie a from info rmat ion available nal who will have to sift, libra rian as info rmat ion prof essio ion and educ ate and train sort, and eval uate the info rmat use of new info rmat ion and ty users in the avail abili . The end user will not be syste ms, services, and prod ucts rmat ion hims elf. Libr aries skilled enou gh to retri eve info poin t for micr ocom pute rs ing are beco ming a majo r merg pute rs have incre ased the and on-li ne services. Micr ocom and prod ucts and brou ght soph istic ation of on-li ne services le. Libr aries have been peop t them with in the grasp of mos based on the com bina ucts prod and ces crea ting new servi ocom pute rs. tion of on-li ne services and micr to perf orm libra ry serMicr ocom pute rs are bein g used red tradi tiona lly (several vices diffe rent from thos e offe d abov e): the ware hous ing of these have been mcn tione d sign ifica ntly; there has easc decr has aspe ct of Iibra rians hip accu racy in reco rd keep been a redu ction of and incre ased titive , time -con sumi ng repe ing, as well as the redu ction of l tasks , man agem ent nica tech in y ienc work , incre ased effic are easily gene rated to and deci sion making_ Stati stics n. The emp hasis of ratio prov ide info rmat ion for adm inist -inte racti on. The user and ce servi libraries has shift ed to rapid ly chan ged and will basic prac tice of Jibra rians hip has revision in the train ing for cont inue to chan ge, requ iring a to be know ledg eabl e in have will Jibra rians hip. Libr arian s s tech nolo gy. com pute r and telec omm unic ation ersit y of Wisconsin Dr. Gusk in, Chan cello r of the Univ Futu re Shoc k: The rary "Lib le artic Park side, U.S. A., in his the New Role of the Micr ocom pute r Revo lutio n and "exc eptio nal tool s" whic h Libr ary," refer s to micr os as access to info rmat ion for ide supp ort educ ation and prov mak ing. He believes that sion deci and , resea rch, plan ning tech nolo gy has been acthe real revo lutio n in info rmat ion of micr os and their ent lopm celer ated by the rapid deve ly com plex capasing incre with ages myri ad softw are pack at Goo d are "Wh artic le abili ties. Rob ert Mas on, in his ries that libra that s tion Micr ocom pute rs, Any way ?" men rienc e three expe to ct expe can rs pute purc hase micr ocom is that tech nolo gies imstages of chan ge. The first stage mac hine meth od for a a prov e ,effiCiency by subs titut ing nd stage is that the seco The . ation oper prev ious ly man ual that were pretions r func capa bilit y is exte nded to othe

ly, the tech nolo gy perm its viou sly done man ually , and, final new func tions whi~h these is It . us to inve nt new func tions ion revo lutio n. are the real prom ise of the info rmat

BIBLIOGRAPHY g.

Processin BOl lL, Mari lyn, In/ormation 1934 .

Inc., s, Scie nce Rese arch Asso ciate

New

York :

Netw ork( LAN ) and F ARR , Rick C. "The Loca l Area 108: 2, Nov. 15, nal, Libr ary auto mati on." Library Jour 1983 pp. 2130 - 2. of Tech nolo gy on LibraGEO RGE , Melvin. "The Imp act vol. 55, no. 7 (Feb ruar y ries. " Catholic Library World, 1984 ), pp. 294- 197.

rs in Libraries, 1981-82: GOR SCH , Aud rey. Minicompute Whi te Plains, NY: The Era of Distributed Systems. .

1982 Inc., Kno wled ge Indu stry Pubs ., lication of Minicomputers GRI FFIT HS, lose- Mari e. App to Info rma tion Handling. Paris: and Microcomputers UNE SCO , 1981 . ities ". Bulletin of the '''Mi croc omp uters and on-li ne activ Science, vol. 10, ion rmat for Info

American Soci ety

n0.4 (Ap ril,1 984 )pp. l1-1 4.

fe; and Barb ara E. Baru th.

GUS KIN , Alan E.; Carla J. Stof ocom pute r Revo lutio n Micr The k: Shoc "Lib rary Futu re College and Research and the New Role of the Libr ary." pp. 177- 183. ), 1984 , Libraries, vol. 45, no.3 (May

in an Age of Electro-

LAN CAS TER , Fred erick . Libraries Reso urce s Press, 1982 . nics. Arlin gton , VA: Info rmat ion

g. 2nd

rs and Data Processin MAN DEL L, Stev en L. Compute 1982 .

Co., Pub. West MN: , Paul ed. St.

Micr ocom pute r." Library MAS ON, Rob ert. "Cho osin g a y 1983 ), pp. 356- 358. ruar (Feb 4 no.

108, Journal, vol. rs, Any way ?" Library "Wh at Goo d Are Micr ocom pute uary 15, 1983 ), pp.

(Jan 2 no.

Journal, vol. J08, 108- 110; rty. "Vid eote x - The MISCHO, Lare and Kevi n Hega ion Technology and rmat Info e_" futur Libr ary of the , pp. 276- 7. ries, vol. I no. 3 Sept emb er, 1982

Libra

Wats on. Online Catalog: POS T, William E., and Pete r G. Inter natio nal, 1983 . arch Rese the inside story. Ryan

rs and Libraries: A Guide ROR VIG , Mar k E. Microcompute ications. White Plains, to Technology, Products and Appl ons, Inc., 1981 . icati NY: Kno wled ge Indu stry Publ ma-

puters in Library Auto SIM PSO N, Geor ge A. Microcom VA: Mitre Corp ., Metr ek ean, Mcl rt. tion: Final Repo Division, 1978 . and the Post Indu stria l TUR OCK , Bett y. "Tec hnol ogy in the 1980 's and ary Libr Soci ety: The Acad emic 55, no. 7 (Feb ruvol. d, Worl ary Libr Bey ond. " Catholic ary, 1984 ), pp. 298- 304.

SULUAKAR, Tamer; Anton R. Pierce and Vinod Chachra.

"Design principles for a Comprehensive Library System: Journal of Library Automation, vol. 14, no.2 (June, 1981), pp. 78·89.

WOODS, Lawrence A. A Librarian's Guide to Micro· computer Technology and Applications. White Plains, NY: published for American Society for Information Science by Knowledge Industry Publications, c. 1983.

Book Review Deosaran, Ramesh - Trial by Jury: Social and Psycho· logical Dynamics. P.O.S., Trinidad, LS.E.R., 1985.

Dr. Deosaran has quite fittingly began this book by an examination of the "History of Trial by Jury". In this way the subject was put in it's proper perspective.

It's importance to societies which inherited the British system of justice has been adequately described by Lord Devlin as "Trial by Jury is more than an instrument of justice and more than one wheel of the constitution; it is, the lamp that shows that freedom lives".

The author then develops his social psychological study of jury trial in a manner and depth that has never been at· tempted before in Trinidad & Tobago and many other Commonwealth States. He has examined the jury system from the view of the lawyers, the jurors, the method of selection, actual jurors selected and even their impact in some jury trials.

Dr. Deosaran, an experienced researcher as he is, has incorporated as wide as possible those factors or variables that affect jury trials: factors such as race, class, status, sex, age and other social and psychological factors are discussed.

The author has also drawn upon the various studies on the subject carried out in other jurisdictions. With this mass of information done on an empirical basis the author's book is surely a guide to anyone entrusted with the task of "reforming the jury system". This to my mind is one of the lasting attributes of this work.

The system as it operates at present is not perfect, but this study has shown that there is confidence in the jury system. Any move to abolish this system should be severely resisted. Thus controversial trials such as those involving public figures as mentioned in chapter three cannot be used as a basis for reform. Whilst they can elicit greater opportunities for bias, they are few and far between.

Another revealing and comforting feature Of this study is that jurors have reported that 78% of the times they do

follow the rules of law and the judges instructions. With this background, if juries are selected in such a way as to truly represent one's peers, then the system is working or capable of serving the course of justice. Then we too, in Trinidad & Tobago can, as Lord Devlin has boasted that "Trial by Jury ..... is the lamp that shows that freedom lives" .

Dr. Deosaran's recommendations calls for serious consideration. For example the acceptance of a majority verdict in serious cases such as murder and treason. This may avoid the reference to some decisions as being perverse, altlJough such decisions are few and a judge can order a retrial.

Jurors are also at a disadvantage in complex fraud cases.

Assistance can be sought from Lord Lane when he says "big fraud cases have a particular difficulty in the English Legal System ..... Far better, in my opinion, to abandon the jury concept altogether in complex fraud cases and have a judge sitting with specially appOinted assessors who will have the requisite qualifications of intellect and experi· ence to understand what the case is about."

Dr. Deosaran has also dealt with effects of pretrial publicity and has shown that it can be harmless in a democratic society with a free press and an independent judiciary. Maybe, the Director of Public Prosecution should allow the 'Ramesh Maharaj' trial to follow the normal course of media coverage as such a trial would provoke, and justice. will still prevail at the end of the day.

Dr. Deosaran's pioneering work in Trial by Jury has certainly added to the West Indian jurisprudence, and it is hoped that it would be given the credit it deserves.

Hansraj Bhola Hugh Wooding Law School Year II

CARIBBEAN LAW LIBRARIAN - 71

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CARIBBEAN ASSOCIATION OF LAW LIBRARIES HUGH WOODING LAW SCHOOL GORDON STREET, ST. AUGUSTINE, TRINIDAD W.I. P.O. BAG #323

PHONE

66-22577

MEMBERSHIP APPLICATION

1.

NAME: _______________________________________________

2.

ADDRESS: __________________________________________

3.

OCCUPATION: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

4.

BUSINESS ADDRESS: ________________________________

5.

TYPE OF MEMBERSHIP

(CHECK ONE)

PERSONAL INSTITUTIONAL ASSOCIATE (

6.

)

STUDENT

MEMBERSHIP FEES:

PERSONAL. ............................ $48.40 T.T. INSTITUTIONAL ....................... $145.20 T.T. ASSOCIATE .................. _ .... _ ..... $36.30 T.T. STUDENT .............................. $12.10 T.T.

This application form, when filled should be sent to Mrs. Norma Glaude.

Secretary, CARALL 6th Floor, T'Dad House, Port of Spain, Trinidad, W.I. Tel. 62-32417; 62-32418.

SiGNATURE........................ .

DATE ....................... .

CARIBBEAN LAW LIBRARIAN - 72

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TO: MRS. NORMA GLAUD E, SECRET ARY,CA RALL 6TH FLOOR, T'DAD HOUSE, PORT OF SPAIN, TRINID AD, W.I.

CARIBBE AN LAW LIBRARI AN - 73

CARSWELL Canada's Leading Law Book Publisher Since 1864 Carswell Legal Publications has provided the legal profession with authoritative resources on Canadian law. Our distinguished authors have furnished comprehensive works on every aspect of the law in Canada. And our experienced editorial staff can keep you upto-date on new developments in Canadian federal law and on law and practice in every Canadian jurisdiction.

Your Connection to Legal Material from Common Law Jurisdictions Worldwide Carswell serves your needs by distributing legal publications from respected law book publishers in common law countries around the world. We also serve as your international agent for material published by Canada Law Book Company. Write to us for a free catalogue of Carswell publications or a free catalogue of international publications available through Carswell.

Or write to have your name placed on the mailing list of Carswell's Law Book News (International Edition). It's a free monthly newsletter listing all new Carswell law books and new international publications available from Carswell.

Turn Your Marketable Duplicates into Purchasing Credit We are looking to purchase second-hand legal material from the Caribbean countries. If you have marketable duplicates which you would like to sell or exchange for purchasing credit we would be most interested in hearing from you.

Please contact:

Mr. Ken M. Barnett International Sales Manager Carswell Legal Publications 2330 Midland Avenue Agincourt, Ontario, Canada MlS 11'7

UNESCO Coupons are accf?pted for the purchase of all legal material available from Carswell. To purchase UNESCO Coupons, please contact your local UNESCO Commission Office.

Established in 1864

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CARSWELL

Carswell Legal Publications Ordering Address: 2330 Midland Avenue, Agincourt, Ontario, Canada MIS IP7 (416) 291-8421

9185

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