Bermuda’s evolving legal landscape

An original version of this article was first published in the 2026-27 edition of Bermuda Business Review, July 2026.

Responsibility for matters pertaining to admission to practise law in Bermuda and rules of conduct for its members, falls to the Bermuda Bar Association (via an elected Bar Council), in conjunction with the Island’s Supreme Court Judiciary.

Currently, the Bar Council oversees the licensing requirements of 686 active members of the Bar Association (comprising 540 barristers and attorneys and 146 registered associates) and 55 law firms. The number of new barristers admitted each year is usually in the range of 10-20, whether Bermudians, spouses of Bermudians, Permanent Resident Certificate ("PRC") holders or work permit holders.

Bermuda has a fused profession whereby there is no distinction between barristers and attorneys (or solicitors to use the English term), with all full members of the Bar Association having rights of audience in all of Bermuda Courts.

Bar Council 

The legal profession in Bermuda is regulated by the Bar Council which consists of nine elected members, who are chosen annually by election by the members of the Bar Association and the Attorney General, who is an ex officio member. The general responsibilities of the Bar Council are laid out in the Bermuda Bar Act 1974 ("Bar Act"), section 4 and include the following:

• the maintenance of the honour and independence of the Bar
• the encouragement of legal education and the study of law
• the support of the public right of access to the courts and of the right of representation by members of the Bar before courts and tribunals
• the encouragement of improvements in the administration of justice and procedure
• the promotion and support of law reform
• the furtherance of good relations between the Bar and lawyers of other countries
• the issuance, revocation and suspension of practising certificates and certificates of recognition of professional companies (i.e. incorporated law firms)
• other matters of professional concern to barristers as the Bar Association may determine

Professional Conduct Committee 

The Professional Conduct Committee ("PCC") is the disciplinary body of the Bermuda Bar Association. It was created under the Bar Act and operates under the Bar Professional Conduct Committee Rules 1997 and the Bar Disciplinary Tribunal Rules 1997. Broadly speaking, the PCC’s principal function is to investigate complaints made against members of the Bar Association and determine if there is a prima facie case of improper conduct. In limited circumstances, the PCC may take measures to deal with a complaint itself but any serious professional conduct breach will be dealt with by a disciplinary tribunal appointed by the Chief Justice under the Bar Act. Each tribunal is chaired by a Supreme Court Judge with two other lawyers on the adjudicative panel who ideally are at least as senior as the lawyer complained of.

Every barrister and attorney and registered associate − as well as every shareholder, controller, director and senior executive who exercises control of a professional company − must be a fit and proper person. Accordingly, all of these persons are required to apply for a Fit & Proper Person Certificate on the initial application to be called to the Bar, registered as an associate, or for a certificate of recognition and on each annual renewal.

All members of the Bar are also bound by the Barristers’ Code of Conduct 1981, which requires that members carry out their duties to their clients, the Court, members of the public and their colleagues with integrity and in accordance with the Code. Furthermore, members of the legal profession are required to conduct themselves both within and outside the professional sphere in a manner which is not likely to impair a client’s trust in them as a legal advisor, or call the profession into disrepute.

In addition to the aforementioned points, the Bar Council is able to enforce stringent professional and regulatory standards via the provisions of the Bar Act and its other supporting legislation, including Bar Organisational Rules 1975, Barristers (Accounts & Records Rules) 1976, Barristers Code of Professional Conduct 1981, Bar (Practising Certificate) Rules 1984, Bar Disciplinary Tribunal Rules 1997, Bar Professional Conduct Committee Rules 1997, Bermuda Bar (Insurance) Rules 2009, Bermuda Bar (Professional Companies) Rules 2009 and the Bermuda Bar (Barristers and Accountants AML/ATF Board) Rules 2018.

The Barristers and Accountants AML/ATF Board is responsible for regulating law firms in relation to compliance with AML/ATF legislation.

Legal education

New lawyers can be admitted to the Bar once they have passed the relevant qualifying exams and have completed 12 months of appropriate training (pupillage). The Bermuda Bar Association provides guidelines for demonstrating that pupils have received the necessary training for admission to the Bar.

Overseas lawyers whose qualifications are recognised in Bermuda may apply to be admitted to the Bar after 12 months’ residence in Bermuda and may be employed as Registered Associates during this first 12 months of residence.

In order for a barrister and attorney to maintain a practising certificate, they must complete a prescribed number of hours of legal education every year. In furtherance of this requirement, the Continued Legal Education Committee of the Bar Association assists members by providing lectures on current legal developments, emerging issues, practise management and other areas of interest to practitioners.

The Bar Association has for a number of years subscribed for a number of licences for one of the most useful online research tools. This allows sole practitioners or smaller firms to have access to effective research tools and it is an important initiative of the Bar Council to support its members. 

Bar Association office

The Bar Association’s office has always been situated in the heart of Hamilton, first operating out of the office of the very first President of the Association in the 1970s. The office has grown over the years into a location which serves its members daily, allowing for attendance at legal education classes, to conduct interviews for various scholarships/awards, meeting locations for Bar Council, the Professional Conduct Committee and any other, ad-hoc, sub-committees which debate matters such as new legislation.

With the Commercial Court operating in the Government Administration Building on Parliament Street and other courts operating in the Dame Lois-Browne Evans Building located on Court Street, the efficiency of conducting legal business in Hamilton is assured. Many of the Island’s law firms have recognised the benefits of close proximity to the financial district, courts and Bar Association’s office, by also occupying locations in the City of Hamilton. The result is a thriving business community in which participants are within close proximity of each other allowing for business to be transacted with an ease which many other jurisdictions find difficult to match.

Social events

While perhaps sometimes overlooked, the Bar Association supports and encourages collegiality and engagement with the Bermuda judiciary with a full programme of social events throughout the year. The Bar Association typically supports a social event during the sitting of the Bermuda Court of Appeal (the Court of Appeal traditionally sits in March, June and November) so that members can meet Court of Appeal judges in an informal setting. It is of note that as from 1^st January 2026, Dr Ian Kawaley (former Chief Justice of Bermuda) succeeded Sir Christopher Clarke as President of the Bermuda Court of Appeal.

The Bar Council in the recent past has inaugurated an annual dinner for the Island's Judiciary to express the Bar Association's appreciation of the work of the Judiciary. A different sort of social event is the annual lawyers versus accountants football match, which is always hotly contested.

Community engagement

Members of the Bar Association engage in a range of options for pro bono advice work as well as directly supporting local charities. The Bar Council supports the work of a number of free legal advice clinics as well as a telephone advice service for Seniors. A number of charitable giving initiatives take place each year, in particular the Legal Fraternity Charitable Walk which brings together members of the Bar and their staff to raise important funds for a number of local charities.

Supporting criminal law practice 

The number of members of the Bar Association that practice criminal law is not as great as the Bar Council would wish. This poses an issue not only for the Bar Council but also for society more generally in Bermuda which depends upon the efficient working of all of the court system, including the criminal courts. The Bar Association in conjunction with Mountford Chambers in London has since 2009 awarded an annual pupillage award to a Bermudian law student in memory of the late Dame Lois Browne-Evans. This award supports a pupillage at Mountford Chambers for a trainee Bermudian barrister who intends to practice criminal law. The recipient in 2026-2027 was Ms Lily Martin.