Special Admission of Foreign Counsel

Foreign attorneys may be admitted to appear before the Bahamian courts in a specific matter through special admission, as outlined in the Legal Profession Act and supported by the Bahamas Bar Association’s practice guidelines. This process is reserved for cases where it is demonstrated that local counsel with the necessary expertise is unavailable and the interests of justice require the involvement of foreign legal counsel.

The special admission process involves:

• Retaining a Bahamian attorney as instructing counsel.
  
• Demonstrating the unavailability of qualified local senior counsel through documented inquiries.
  
• Submitting a formal application letter and supporting affidavit detailing the complexity of the matter and justifying the need for foreign expertise.
  
• Including documents such as the foreign attorney’s CV, references, certificate of good standing, and notice to opposing counsel.

A non-refundable fee of $1,000 is required, and all documents must be submitted in duplicate (1 original and 10 copies). Upon approval, the foreign attorney is formally admitted for the specific case only and must obtain a short-term work permit to comply with immigration laws.

The Re Mottley, Elliott case (1987) remains a pivotal legal precedent, underscoring the importance of procedural fairness in Bar Council decisions and affirming the right to be heard before an application is denied.

For full details, see the following resources:

Special-Admission-of-Foreign-Counsel-to-the-Bahamas-Bar-.docx Special-Admission-Checklist-.docx re-mottley-elliott-bahamas-case-law