This is more of an idle post.  I know that there have not been many developments on the blog as of late.  I have been trying to deal with relocation and it has taken away from my time to do all the other things I wanted to do.

I thought that I would try something new.  I have noted that I am starting to get hits on my site, which is great because this site is designed for you.  To allow you to get that first step of information to help you with your issues or general queries.  I mean, if I can save you a $200 consultation fee, then my job is done.  Now I thought that I would try to encourage your comments or questions.  If you come to this site looking for an answer to a specific topic and you do not see anything about that topic posted here.  Send me a message and I will try to create a post for that topic.

Please remember that I cannot guarantee that I can post to every question, and if I have already posted on that topic I will direct you to the post.  Also, I am not giving specific advice here.  This is only intended to give you the basic knowledge so that you can have an idea which direction you need to go.

Thank you for viewing.

Purchasing a Home in The Bahamas

The Bahamas, which consist of over 700, cover an area of 100,000 square miles stretching in a southeasterly direction from just 50 miles off the coast of Florida to within 50 miles off the coast of Haiti and the Dominican Republic. The Bahamas gained its independence from Great Britain on July 10, 1973 and remains a member of the British Commonwealth.   The Bahamas is also one of the premier offshore financial centres in the world.  This makes The Bahamas the ideal location for expatriates looking to set up offshore business offices and potential vacation-home owners looking for their own “slice” of paradise alike.

Finding a Property

There are a multitude of Real Estate Agents available to assist you with finding the property you desire.  If you are looking for a Real Estate Agent, you may visit the Bahamas Real Estate Association’s website (http://www.bahamasrealestateassociation.com) for a list of licensed realtors within The Bahamas.

Agreement for sale

Once the property has been located and the basic terms and conditions of the sale and purchase have verbally agreed between the parties, a written contract between the vendor and purchaser must be drawn up (the Agreement for Sale). This should be done by a Bahamian Attorney as there are many legal formalities inherent to real estate transactions which can result in complications in the long run if not properly adhered to. Besides the terms and conditions of the purchase, the contract must include a description of the property and the anticipated completion date.   Since real estate transactions in The Bahamas are “caveat emptor” (meaning “may the buyer beware”) it is the purchaser's responsibility to conduct the necessary due diligence with respect to the title to the property to ensure that a) the vendor has the authority to sell the property and b) there are no extraneous factors which may impede the purchaser's ability to deal with the property as he intends.  Upon the execution of the Agreement for Sale, a deposit will typically be paid to the vendor's attorney or to the real estate agent involved (if applicable).  This sum is will be paid in escrow as a deposit and in part payment of the purchase price.  The typical amount for a deposit is 10% of the purchase price.

What are the costs involved in buying or selling property in The Bahamas?

A typical sale, called a "Gross Sale", assumes that the vendor (seller) will be responsible for the payment of:

·         The real estate agent's commission. The commission on the sale of developed property is 6% of the gross sales price. The commission on the sale of undeveloped property is 10%.

·          One half (1/2) of the Government stamp duty (tax on the conveyance of real property). This is a graduated tax. The total amount of the tax is : 
·          Value up to $20,000 the rate is 4% 
·          Value greater than $20,000 and is less than or equal to $50,000, the rate is 6% 
·          Value greater than $50,000 and is less than or equal to $100,000, the rate is 8% 
·          Value is greater than $100,000 and is less than or equal to $250,000, the rate is 10% 
·          Value is greater than $250,000, the rate is 12%

·        The vendor's legal fees. Legal fees on a conveyance of property are usually 2 ½% of the first $500,000, 2% of the next $500,000, 1% of the next $4,000,000 and ½% thereafter.  Certain circumstances may afford an attorney some leeway regarding their legal fees however, any deviation from the standard is solely at that attorney's discretion.

The purchaser will be responsible for:

·     1/2 of the Government stamp duty as set out above,

·     The purchaser's legal fees as detailed above.

·     Recording fees on the conveyance and other closing documents which need to be recorded.

·   Payment of the relevant  fees for a permit or certificate of registration under the International Persons Landholding Act, (if applicable).

The fee for obtaining a permit from the Bahamas Investment Authority under the International Persons Landholding Act is $500.00 and the fee for obtaining a certificate of registration is $250.00.  These fees apply only to non-Bahamians purchasing real estate in The Bahamas.

In the event that the sale is a "Net Sale" the purchaser would be responsible for payment of all of the above mentioned fees (both vendor and purchaser).   This is often done to negotiate a lower purchase price, namely in cases where a purchaser qualifies for exemption from payment of stamp duty as a first-time home buyer.

Completion of the transaction

At completion (closing), a conveyance is executed by the vendor in favour of the purchaser and the balance of the purchase price is paid by the purchaser to the vendor. Other items such as the stamp duty, real property tax, outstanding utility bills, and sales commissions are also settled at the time.  Investors should ensure that the title deeds to any land owned in The Bahamas are recorded in the Registry of Records in Nassau, New Providence. There is a nominal recording fee which is generally $4.50 per page, except in certain circumstances.  Your Bahamian property attorney will advise you of all formalities and will keep you apprised of the status of your transaction.

The Bahamas Real Estate Association

Prospective buyers should take advantage of the knowledge and experience offered by members of The Bahamas Real Estate Association (BREA). Effective from January 1, 1996 all real estate practitioners in The Bahamas are required to hold either a Brokers or Salesman's license. Anyone requiring the services of a realtor should ensure that the realtor is licensed. All licensed Realtors are members of The Bahamas Real Estate Association and as such are part of a network of brokers and salesmen who cooperate fully with one another and abide by a strict code of ethics.  You can get in touch with a Bahamian real estate agent by clicking here.

Disclaimer

While we have made every effort to provide accurate information, the law is always changing and affects each person differently. This information is no substitute for specific advice about you personally and we will not be liable to you if you rely on this information.If you would like more detailed advice you can contact a Bahamian property and conveyancing lawyer by clicking here.

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Probate and Administration of Estates in The Bahamas

When a person dies, someone has to deal with their affairs. This is called 'administering the estate'.

If the person who has died leaves a will

If the person who has died leaves a will, it will usually name one or more people to act as the executors of the will - that is, to administer their estate in accordance with the law.

If you are named as an executor of a will you may need to apply for a grant of probate.

A grant of probate is an official document which the executors may need to administer the estate. It is issued by a section of the court known as the probate registry.

If there is no will

If there is no will (known as dying intestate) the process is more complicated. An application for a grant of letters of administration (an official document, issued by the court, which allows administrators to administer the estate) will need to be made.

The person to whom letters of administration is granted is known as the administrator. The administrator is the person who has the legal right to deal with the affairs of the person who has died, and is determined by a set order of priority. The administrator will usually be a close relative of the person who has died, if there is one. There may be more than one person who has an equal right to do this. Your attorney will be able to provide you with information on the set order of priority.

Some more legal terms you may come across

Personal representatives (PRs)

This means executors or administrators. If there is more than one personal representative they must work together to decide matters between them. Disagreements between personal representatives can cause expensive delays. 

Grants of representation

This includes grants of probate (when there is a will) and grants of letters of administration (usually when there is no will) and resealing of a foreign grant. Often people just refer to probate even if there is no will. 

  

How to get a grant

You can ask a Bahamian estate attorney to apply for the grant of representation on your behalf.

You can also apply for a grant of representation  yourself, however, it is recommended that you use a Bahamian estate attorney (except maybe in circumstances where the value of the estate is less than $10,000.00).

Responsibilities of personal representatives

Personal representatives are responsible for making sure that the estate is administered correctly. If there is a will, the personal representative must make sure that the wishes of the person who has died, as set out in their will, are followed. If there is no will, you must follow the rules of intestacy (set out in the Inheritance Act). You should ask your Bahamian estate attorney to explain these.

Inheritance tax

There is no inheritance tax in The Bahamas.

Costs

Charges can vary between attorneys and depend on what is involved in administering the estate as well as the value of the estate. It is often not possible to know immediately what may be involved and how much advice and help is needed.

Your Bahamian estate attorney should tell you what the costs are likely to be before carrying out any work. You can compare costs by contacting more than one attorney. Remember that the cost of dealing with the estate is usually paid from the estate.

However, cost is not the only consideration. It is equally important to find a Bahamian estate attorney who is approachable and sympathetic, and whose advice you understand. 

This post is for your information only and nothing contained in this post is intended to constitute a legal opinion. If you require any detailed advice you should contact an attorney.  Alternatively you may e-mail the creator of this blog and he may assist you or refer you to someone who can assist you.  If you require more detailed advice you can e-mail a Bahamian probate and estate lawyer by clicking here.

Getting a Divorce in The Bahamas

Getting advice

The prospect of divorce action can be daunting, but the process need not be difficult with the right professional advice. Your Bahamian divorce attorney is there to guide you through the process, steer you clear of the legal pitfalls and offer sensitive but independent advice.

Choosing an attorney

Because a divorce can raise sensitive and personal issues, it is important to choose an attorney who makes you feel comfortable. Choose someone you find approachable and whose advice you feel you understand.

You may find it helpful to speak to a couple of attorneys before you decide who to appoint.

How an attorney can help

It is your attorney's responsibility to:

• explain the divorce process to you;
• start the divorce action for you; and
• once it is under way, keep you informed of any developments.

Your attorney should send you copies of any significant letters they receive relating to your divorce. They will also give you regular updates on the progress of the case, and details of any costs involved.

If you are at risk from domestic abuse at any stage, your attorney will make it a priority to discuss all possible ways of keeping you and your children safe.

What your attorney will need to know

To get a thorough understanding of your circumstances, your attorney will ask you for a variety of details and documents. These could include:

• the reasons you want a divorce;
• if you are living apart from your husband or wife and when you separated;
• the names and ages of any children who are part of the family;
• the children's current and future living arrangements;
• the current contact arrangements between parents and children;
• a list of your assets, savings, income and pension arrangements, and those of your husband or wife;
• details of any ongoing problems such as substance abuse, debts and so on;
• details of any domestic abuse;
• your marriage certificate; and
• any other relevant documents, names and dates.

These details and documents will help your attorney to decide what grounds there might be for a divorce and what other options might be available to you. They will also help your attorney to estimate what the time-scales, costs and results of your case might be.

Grounds for divorce

You will be granted a divorce if you can demonstrate that your marriage is beyond repair because:

• your husband or wife has committed adultery;
• your husband or wife has committed an act or acts of cruelty;
• your husband or wife deserted you for a continuous period of at least two years;
• you have lived separate and apart from your husband or wife for a continuous period of five years or more; or
• your husband or wife has, since your marriage committed an act of homosexuality or sodomy or has had sexual relations with an animal.

There may be other circumstances which may allow the marriage to be void or  voidable.  Your attorney will be able to give you more details of each of these sets of circumstances.

If a divorce decree is against your religion, your attorney can give you advice about other forms of separation.

The divorce process

The legal formality of getting a divorce is a relatively straightforward process. What is generally much less straightforward is sorting out the practical issues associated with a divorce, such as where each person will live, who gets what, and arrangements for any children. Before agreeing matters with your husband or wife, it is wise to take advice from an attorney about your rights and the options available to you.

The legal terms used in divorce

In court and in legal documents, the person applying for the divorce is known as 'the petitioner', and the person they are divorcing is 'the respondent'.

Initial letter to the respondent

If you are applying for the divorce, your attorney will usually start the process by writing a letter to your husband or wife to tell them that you are planning to start divorce action. This letter will also recommend that your husband or wife gets independent legal advice if they have not done so already.

Divorce petition

Your attorney will then send the divorce petition to the court. The petition sets out whether you will be asking your husband or wife to pay for the costs of the divorce or to provide some other sort of financial support for you or your children. The court will send a copy of the petition to your husband or wife for their attorney to reply.

Once your husband or wife or their attorney has replied to the petition, you will need to confirm your intention to go ahead with the divorce application by making a sworn statement or 'affidavit'. Your application is then lodged with the court. If your husband or wife does not reply or cannot be found, your attorney will tell you the methods for overcoming this.

Decree nisi

Once the court is satisfied that you should have a divorce, it sets a date and time for the judge to pronounce the 'decree nisi'. You do not need to go to court for this. It is simply a statement from the court that the divorce can go ahead and the divorce papers are approved. You are not actually divorced at this stage.

If at this point you and your husband or wife have not agreed who should pay the legal costs of the divorce, the judge pronouncing the decree nisi will make the decision for you.

Decree absolute

After the time specified in the decree nisi has elapsed, the person applying for the divorce can have the divorce made 'absolute'. This legally dissolves the marriage. However, you are usually better to wait until financial matters ('ancillary relief') have been settled before finalising your divorce in this way.

Disagreements

Disagreements generally relate to:

• money;
• property; or
• contact with children.

Attorneys should try to settle these out of court if at all possible. It is usually in the interests of both you and your husband or wife to co-operate with this aim. Your attorney will explain to you the alternatives to court action, such as mediation.

If you have disagreements about issues related to the divorce, such as finances and access to children, you should attend a meeting to find out if you are suitable to go through mediation before you apply for a court order. Mediation is where you and your husband or wife work with someone who is trained to help people sort out disagreements between themselves. Your attorney will be able to advise you on this, and help you to arrange the meeting.

Providing information

It is particularly important for you to provide your attorney with full and accurate information about your financial circumstances.

A common problem and source of disagreements is where the husband or wife fails to give details of all their assets. This slows everything down and, if the matter cannot be settled out of court, that person may have to pay court costs.

Expert witnesses

If you and your husband or wife cannot agree over the value of property or assets, your attorney may suggest using an expert witness to provide an independent valuation. In financial matters, this is often a single witness approved by both partners and the court.

Disagreements settled by the court

If you and your husband or wife cannot solve a disagreement out of court, you can apply for the court to settle the matter. The court will do all it can to encourage you to negotiate an agreement between you, but failing this the judge will make a decision. Usually the judge will issue a 'court order' to make their decision official.

Children

In all matters relating to children, the children's welfare comes before anything else. Your attorney will:

• emphasise how co-operating with your husband or wife will benefit your children;
• warn against the dangers of encouraging children to take sides;
• encourage you to consider what you plan to tell your children about the separation;
• make you aware of alternatives to court proceedings, such as mediation;
• discourage court action as a way of settling disagreements, except as a 'last resort'; and
• treat all matters relating to children as confidential. 
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There to help

Whatever your circumstances, a family law attorney has the knowledge and experience to represent your interests and those of your children.

Costs

Charges can vary between attorneys and will depend on the difficulty of the case. Before you decide who to appoint, check with a few attorneys to find out how much they charge.

Price is not the only issue, however, particularly for a sensitive divorce case. It is more important to find an attorney who is approachable and sympathetic, and whose advice you understand.

This Memorandum is for your information only and nothing contained in this Memorandum is intended to constitute a legal opinion.  If you require any detailed advice, you can e-mail a Bahamian divorce attorney by clicking here

Disclaimer

While we have made every effort to provide accurate information, the law is always changing and affects each person differently. This information is no substitute for specific advice about you personally and we will not be liable to you if you rely on this information.

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Arbitration and ADR for Landlords and Tenants in The Bahamas

Arbitration

 

The law of real property goes back an extremely long time.  The Bahamas is presently in the midst of proposed property law reform, which will revolutionise the law relating to land ownership and title.

Property law is complicated, but if you are involved with property you need to know the rules.

• Arbitration - A means of resolving disputes using an independent arbitrator as opposed to a court of law.
• Often used for lease contract disputes, rent reviews etc.

The Courts & Property Dispute Resolution  

 

The courts are one means of resolving disputes between individuals, companies and landlords and tenants, but they are not necessarily the most effective, particularly where the parties previously enjoyed and may well want to continue to enjoy a close working relationship. 

The main problem with the court system is that it is primarily an antagonistic process: it pits one party against the other in order to determine ultimately a winner and a loser. 

As a consequence the court system tends to emphasise and heighten the tension and conflict between the parties as each tries to show the other in the worst possible light, rather than trying to reach an amicable compromise.

Alternative Dispute Resolution (ADR)  

The courts themselves recognise the effectiveness and increasing importance of alternative means of resolving disputes, and indeed judges will sometimes suggest this course of action prior to a court hearing.

What is Arbitration 

 

This is a procedure where the parties to a dispute refer the issue to a third party (usually an expert in the field) for resolution rather than taking the matter to the law courts. 

Section 3 of the Arbitration Act 2009 states:

• The object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense.
• The parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest.

Your lease agreement may make provision for disputes arising between landlord and tenant to be dealt with by arbitration as opposed to a court of law, and usually specify how the arbitrator is to be appointed.

If one party seeks to start a court action in the face of a prior agreement to arbitration, the other party can request a stay of litigation from the court. If, on the other hand both parties opt for court action the arbitration agreement can be ignored.

There are limited rights of appeal after an arbitration decision is made and may only be allowed at the discretion of the courts on a point of law.

The court has the power to order a party to comply with an order of an arbitration tribunal.

In general the courts have no objections to individuals settling their disputes by voluntary means such as arbitration though they are careful to maintain their supervisory role.

Arbitration agreements are no different to other forms of contract and as with other forms of contract law disputes the courts will strike out any attempt to oust their ultimate jurisdiction as being against public policy.

Both parties to an arbitration dispute will be jointly and severally liable for the costs and fees involved.

The Advantages of Arbitration: 

• Privacy - Arbitration tends to be a private procedure so outsiders do not have access to sensitive information and the parties do not have the risk of bad publicity arising from newspaper reports.
• Informality - the proceedings are much less formal that a court case and scheduling is often more flexible.
• Speed - The process is usually much quicker that a court case. However, if one party decides to challenge the decision through the courts then the process will be ultimately longer and greater in cost.
• Expertise - The person appointed is usually someone with expert knowledge of actual practice in the filed, whose decision should reflect this.
• Cost - Arbitration is usually a much cheaper process. However, the cost of expert's fees should not be underestimated.

The Advantages and Disadvantages of Arbitration 

• Lower cost
• Accessible
• Expert knowledge of their particular subject 
• Balance
• The no-costs rule and lack of legal aid penalise poor litigants, although they do keep costs down.
• The procedure means that if you do not know what you are doing the arbitrator will help you.
• Arbitrators’ local knowledge can be beneficial.
• They help reduce the workload of the judiciary.
• They reduce the workload of government departments.

How are Arbitrators Controlled 

• Judicial review
• Appeals are to the Supreme Court on points of law

This is for your information only and nothing contained in this Memorandum is intended to constitute a legal opinion.  If you require any detailed advice you may contact an experienced Bahamian arbitration attorney by clicking here.
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What laws in The Bahamas protect me from bank reposession?

The recent economic downturn has led an increase in the number of people who are unable to maintain their mortgage repayments on their homes. This has led to an increase in the number of home repossessions. Lenders have the right to repossess your home if you have defaulted on your mortgage payments. However, there are laws in place to protect borrowers from actions of unscrupulous lenders. Lenders are not entitled to repossess a home immediately. They should try to resolve the problem with you first and only use repossession as a last resort.  Lenders must notify you of your mortgage arrears and request that you pay them within a certain time, or by following a schedule of repayment.  At this point lenders will appreciate your communication with them and they may agree to a repayment schedule that is practical for you and your financial situation.  If you have been sent a demand for payment, a banking law attorney can outline your options.

If you fail to respond to the lender’s initial requests, they will typically notify you of their intention to sell the property.  This is not the only remedy a Lender has in these kinds of circumstances, however, it is definitely the most commonly used as it allows the Lender to act without having to seek an Order of the Court.

When the Lender seeks to exercise its power of sale over the property, the Lender is under certain responsibilities.  Firstly, Lender is under a duty to realise the best possible purchase price for the property - however, because they also have a desire to clear their account/arrears as soon as possible, there is a risk that the property will be sold under value. This will be at your expense.

Prior to repossession, you should secure two independent surveyors valuations or sales particulars from real estate agents, including the asking price.

 

You should then take the following steps:

1. Do not trash the property or leave it in a messy/unclean state. Treat the property as if you were trying to sell it yourself for the best price. Every extra penny you get will be to your future benefit.
2. Make an enquiry with the lender to confirm the date that their real estate agent was instructed (if you think the agent is unsuitable - for example they are not local or they specialise in a different sector of the property market, tell the lender in writing).  In a lot of cases Lenders will market the properties by listing them in the newspapers.  They will list the property usually by stating the appraised value.  You may wish to obtain your independent appraisal to verify the appraised value and you should notify the Lender of your intention to do so immediately.
3. If the listing price is way below value, set out your concerns in writing. Note - do not demand that the property be listed at an unreasonable level, especially in a cool housing market - it will take longer to sell, and your liability for mortgage will simply increase while the interest on your loan continues to accrue.

If you believe your home is about to be repossessed, you are advised to seek legal advice as soon as possible.  An expert attorney will be able to inform you of your options and may be able to negotiate with your Lender to find an alternative solution.

Disclaimer

While we have made every effort to provide accurate information, the law is always changing and affects each person differently. This information is no substitute for specific advice about you personally and we will not be liable to you if you rely on this information.If you require specific advice you can contact us by clicking here.

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Making a Personal Injury Claim in The Bahamas

Claiming compensation

An immense number of people are injured in accidents each year - at home, in their cars, at work, or outdoors. In many cases, someone else or something else is at fault and the accident victims have a right to compensation.

Although personal injury law is complicated, with the help of a personal injury attorney the process of making a claim can be quite straightforward. Many attorneys offer a free initial consultation and will be able to tell you if you have a justifiable claim.  You may, however, be required by your personal injury attorney to pay a small consultation fee.

What your attorney needs from you

To establish the details of your case, your personal injury attorney will need to know:

• the date of the accident and where and how it happened;
• the contact details for any witnesses;
• the details of your injuries, medical diagnosis and treatment; and
• whether you are a member of a trade union, as this may

The attorney may also need to see:

• proof of your loss of earnings and other financial expenses which are the result of your injury;
• documents relating to any insurance policies you have (such as household or motor insurance) to check whether these will cover the legal costs of your claim; and
• any documents that can be used to support your claim, including documents from before your accident or any evidence of previous accidents in similar circumstances.

How your attorney can help

Once you have explained the circumstances of your injury in detail, your Bahamian personal injury attorney will be able to judge:

• how likely your case is to succeed; and
• how much you might be able to claim in compensation.

They will also explain to you the legal processes involved in taking your claim further. And they will discuss with you exactly how you will fund your case. Don't be afraid to take notes, and make sure you ask your Bahamian personal injury attorney to send you a letter summarising the advice he or she has given you. This letter should confirm:

• that the attorney is happy to take your case on;
• the name and status of the attorney or other person in the firm who will be your main day-to-day contact;
• how long the process is likely to take and arrangements for progress reports;
• how you are funding the case, an estimate of your costs and any agreed spending limits;
• when you might have to pay the attorney's costs and when you might have to pay the defendant's costs (see 'Costs');
• details of any more information you need to provide; and
• what you should do if, for any reason, you are not happy about the way your case is progressing.

Making your claim

The first step your Bahamian personal injury attorney will take is to send a claim letter to the defendant. This sets out the details of your injury and the circumstances in which it took place. If you need an expert opinion to support your claim - from a doctor, for example - your Bahamian personal injury attorney will suggest a relevant specialist.

The person you are holding responsible for your accident (the 'defendant') then has to investigate and reply to the letter within a fixed period - your Bahamian personal injury attorney's letter to the defendant will specify the time within which the defendant is to reply. In their reply they must say whether they accept or deny liability for your injury. If they accept liability, your Bahamian personal injury attorney will try to settle the matter out of court.

Making an offer

Your Bahamian personal injury attorney will tell you what they think the value of your claim is. They may also ask you to give an indication of the level of compensation you are prepared to accept, and whether you want to make an 'offer to settle' for that amount. Your Bahamian personal injury attorney should also explain the effect of entering into negotiations and how best to protect you in the process.

If the defendant 'responds reasonably' to this offer and a figure is agreed, the matter can be settled without going to court. In some situations, the defendant may reply with a counter-offer of settlement. If this happens, your attorney will advise you what to do.

Court settlements

If you cannot settle for a fair amount out of court, your Bahamian personal injury attorney will advise you on whether to start legal action. If the defendant says they are not liable for paying you compensation, your Bahamian personal injury attorney may advise you to go to court to challenge them and to ask the court to award you compensation.

Countdown to court

If you decide to take the matter to court, your case will be passed to a judge. That judge will then be in charge of the timetable for your case in court. The court will let you know the date of your hearing, and your Bahamian personal injury attorney will tell you about any preparations you need to make.

The thought of going to court may be daunting, but it is important to remember that by this stage your Bahamian personal injury attorney will have prepared your case in detail and will have explained to you exactly what to expect. Then it's just a question of waiting to hear the judgement and finding out if you have won and have been awarded what you were claiming.

Costs

Attorneys' fees

Charges can vary between attorneys. They depend on:

• the experience and knowledge of the attorney; and
• the type and complexity of your case.

Before you decide who to use, check with a few different attorneys' firms to compare their charges and assess their experience at handling your type of case.

Your Bahamian personal injury attorney may ask you to pay their expenses to support your case as it progresses (for example, the cost of medical evidence). These expenses are known as 'disbursements'.

Covering your costs

There is no real system of legal aid for personal injury cases in The Bahamas . But if your case is successful, the defendant should pay most of your legal costs. This is because under Bahamian law the losing side generally pays the winning side's legal costs as well as their own. The question is: what if you lose?

There are not many options available in The Bahamas to make sure that you can cover your costs if this happens. The Code of Conduct of Attorneys in The Bahamas specifically prohibits an attorney from entering into a "no win no fee" arrangement with a client or potential client.  This means that, if you lose, you may be stuck with a heavy burden of paying your and the defendant's costs.  It is important for your Bahamian personal injury attorney to properly advise you of this and give you a realistic expectation of the likelihood of success of your claim to allow you to make an informed and realistic decision in proceeding with your claim.

This post is for your information only and nothing contained in this post is intended to constitute a legal opinion.  If you require any detailed advice you can contact a Bahamian personal injury attorney by clicking here.