— Bar Association requests ‘essential service’ status

“EVEN at times like these, access to justice remains important,” said President of the Bar Association of Guyana, Attorney-at-Law, Teni Housty, as he explained to the newspaper, on Friday, why the association has requested to be listed as an essential service.

Guyana Chronicle reached out to the association, after the National COVID-19 Task Force (NCTF) informed the media, that a formal request had been sent by the association to classify attorneys-at-law as essential workers permitted to work during the curfew hours of 18:00 hours to 06:00 hours.

Housty said even while Guyana remains affected by the COVID-19 pandemic, the need for access to justice and other legal services does not stop.

“All persons who are part of the chain of access to justice should be able to facilitate that. Lawyers are an essential links of that chain,” he stated.

He added: “If we are not able to effectively address and represent some of the issues of our clients who face challenges, particularly now, it is inhibiting an efficient and effective access to justice.”

One of the services provided by lawyers which he listed as still critical, is the legal advice and representation of clients held in custody at police stations. He said that in many other countries grappling with virus, lawyers have been deemed as essential, and have been granted exemptions.

Housty acknowledged that there are some services that lawyers can provide by phone or other technology, but this is not the same for all cases.

When it comes to the COVID-19 guidelines put forward by the judiciary, coupled with an understanding of the importance of their own safety, he said that lawyers are able to adjust to the current challenges. However, he said that this adjustment cannot be done entirely.

“It is an opportunity that should not be denied to all practicing lawyers but it is not a situation that all practicing lawyers will necessarily utilise because not all practicing lawyers’ services will be required to address a number of the issues; there are specialist practitioners who would address some of these issues,” he said.

“The primary concern is dealing with clients who are in custody and who would require representation… not because a lawyer’s office is closed means that a client should be denied access to his/her lawyer.”

The last time the emergency measures were updated was on April 9, 2020. The preamble to the initial list of measures had made it clear that it could be terminated, extended or amended by notice of the Minister of Public Health, after an assessment of the conditions.

While the Bar Association president does not know exactly when feedback will be received on same, the NCTF has stated that the request is under consideration.