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
Antigua and Barbuda’s Prime Minister Gaston Browne and the Bar Association are in dispute regarding his recent criticism of the judiciary’s bail and sentencing practices in gun-related cases.
This conflict highlights ongoing tensions between the executive branch and the legal community regarding judicial independence and sentencing standards in Antigua and Barbuda.
A new team of attorneys, led by President Cherissa Roberts-Thomas, has been elected to lead the Antigua and Barbuda Bar Association for the 2022 to 2024 term.
This leadership change directly impacts the governance and strategic direction of the legal profession within Antigua and Barbuda.
The Antigua Barbuda Bar Association has established a Facebook page to deliver a public education programme on basic legal issues in Antigua and Barbuda.
This initiative provides legal professionals in AG with a direct channel to observe and engage with the Association's efforts in public legal education and community outreach.
The Antigua Bar Association has condemned statements made by two regional leaders, agreeing with the OECS Bar Association that such politicians cry foul when they cannot get their way.
This highlights the local and regional bar associations' stance on political rhetoric that may challenge the rule of law and judicial independence within AG and the wider OECS.
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3 stories
Most non-compliance findings stem from three avoidable mistakes: claiming credit for the wrong reporting period, missing the ethics-credit minimum, and failing to retain proof of attendance for the audit lookback window (typically 5 years). State bar audits are random but increasing in frequency.
A CLE non-compliance finding is a public record in many states and triggers an administrative suspension that requires reinstatement application. Reinstatement is slower than initial admission in some jurisdictions.
Beyond civil-rights and consumer-protection statutes, many AG jurisdictions have fee-shifting provisions in landlord-tenant, mechanics' lien, insurance bad-faith, and construction-defect contexts. Pleading the fee-shifting statute in the complaint is typically required to preserve the right to recover.
A fee-shifting case has fundamentally different settlement dynamics than a non-fee case, especially in low-damages disputes where fees can dwarf the underlying claim.
Enforceability of employee non-competes varies dramatically by state and is trending toward narrower enforcement nationally. Common defects include geographic scope broader than the employer's actual market, duration longer than necessary to protect a legitimate interest, and lack of consideration beyond continued employment.
An overbroad non-compete is often unenforceable in its entirety, not just blue-penciled down — meaning the employer gets no protection at all. A narrower, defensible clause protects more than an aspirational one.
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