Welcome to your daily briefing on legal developments in AG. Today we're covering 7 key stories including updates on antigua and barbuda legal headlines, background & context. Let's dive in.
4 stories
SOURCE: LOOP NEWS- The Antigua and Barbuda Bar Association and Prime Minister Gaston Browne are at odds over comments made by the Prime Minister criticizing the judiciary’s approach to bail and sentencing in gun-related cases. About two….
Relevant to legal professionals operating in AG.
By Latrishka Thomas L***@antiguaobserver.com A new team of attorneys has been elected to run the Antigua and Barbuda Bar Association (ABBA) for the term, 2022 to 2024. Heading that team is Cherissa Roberts-Thomas of C Roberts….
Relevant to legal professionals operating in AG.
Antigua Barbuda Bar Association, Сент-Джонс. Отметки "Нравится": 533. The purpose of the Antigua Barbuda Bar Association Facebook Page is to provide a public education programme on basic issues of...
Relevant to legal professionals operating in AG.
I’m in total agreement with the OECS Bar Association, when these 2 politicians can’t get their own way, they cry foul.
Relevant to legal professionals operating in AG.
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3 stories
The clock can pause for: (1) the defendant being out of state in some jurisdictions, (2) the plaintiff being a minor or under disability, (3) the defendant fraudulently concealing the cause of action. The clock does NOT pause for: settlement negotiations, insurance correspondence, or the plaintiff being unaware of the legal theory.
Misreading tolling is the most common malpractice claim against general civil litigators. The defenses are routinely lost on motion to dismiss before discovery even opens.
A preservation (litigation hold) letter is appropriate as soon as litigation is reasonably anticipated, not just after a complaint is filed. The letter should identify the matter, the document categories at issue, and the recipient's preservation duty. Failure to send one is the leading evidence of spoliation in subsequent motion practice.
Sanctions for spoliation can include adverse-inference instructions, monetary fines, and in severe cases default judgment. The cost of issuing a hold letter is one paralegal hour.
Client trust funds and the firm's operating funds must never commingle, even temporarily, even with the intent to "fix it later." Bar audits look for two things first: (1) any check or transfer that touches both accounts, (2) negative balances on any specific client's ledger. Both are presumptive misappropriation regardless of intent.
Trust-account violations produce some of the harshest discipline in professional regulation, including suspension and disbarment. The technicality has no defense based on good intentions.
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