Legal Practitioners Bill 2012 November 25 Consut

Consultation Discussion Draft

CAYMAN ISLANDS

Supplement No. published with Gazette No. dated , 2012.

A BILL FOR A LAW TO REPEAL AND REPLACE THE LEGAL PRACTITIONERS LAW (2012 REVISION) IN ORDER TO PROVIDE

MODERN REGULATION OF THE PRACTICE OF LAW IN THE ISLANDS; TO PROVIDE FOR THE ESTABLISHMENT OF A CAYMAN ISLANDS BAR COUNCIL; TO PROVIDE FOR A SYSTEM OF LEGAL

EDUCATION; TO PROVIDE FOR MECHANISMS TO DEAL WITH PROFESSIONAL MISCONDUCT; AND FOR INCIDENTAL AND

CONNECTED PURPOSES

The Legal Practitioners Bill, 2012

THE LEGAL PRACTITIONERS BILL, 2012

MEMORANDUM OF OBJECTS AND REASONS

This Bill seeks to repeal and replace the Legal Practitioners Law (2012 Revision) in order to provide modern regulation of the practise of Cayman Islands Law.

PART 1- PRELIMINARY

Clause 1 provides the short title.

Clause 2 is the definition clause. It defines several important terms including “affiliate”, “detriment”, “firm”, “misconduct”, “practise law” and “qualified firm”.

PART 2- GENERAL

Clause 3 provides for the establishment of the Cayman Islands Bar Council and it also makes provision for the constitution of the Council.

Clause 4 sets out the functions and powers of the Council. These include-

(a) establishing a system of legal education and practical training; (b) ensuring that systems are in place for eligible persons to be

afforded an opportunity to be admitted as articled clerks; (c) promoting and encouraging continuing legal education after

qualification for enrolment as an attorney-at-law; (d) regulating and upholding standards of professional conduct,

discipline and etiquette within the legal profession; (e) promoting and ensuring compliance with the code of professional

conduct; (f) receiving, hearing and determining complaints arising from an

act or omission of an attorney-at-law; (g) making recommendations and decisions in relation to the

issuance, revocation and suspension of practising certificates; (h) convening hearings to consider any matter arising under this

legislation; (i) issuing summonses to compel the attendance of parties and

witnesses at the hearing; (j) compelling the production of documents or any other information

from any person who the Council has reasonable grounds to believe can assist in determining whether a breach has been committed under this legislation;

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(k) requiring any document submitted or information provided to the Council to be verified by affidavit; and

(l) examining witnesses on oath, affirmation or otherwise at a hearing.

Clause 5 sets out who is eligible to be admitted to practise law in the Islands. Such person is required to-

(a) be a Caymanian; (b) hold a current work permit, a Residency and Employment Rights

Certificate or is otherwise entitled under operation of the Immigration Law (2011 Revision) to reside and work in the Islands;

(c) be employed by the Government; or (d) be resident outside of the Islands and is a partner, director,

shareholder or an associate of a qualified firm.

Under subclause (2) the person is also required to-

(a) be a discharged bankrupt; (b) represent that he has not engaged in any conduct that would

constitute an act of misconduct under this legislation, the Legal Practitioners Law (2012 Revision) or any other law; and

(c) represent that he has not been disbarred from practising law for misconduct in another jurisdiction.

Subclause (4) provides that a person must be qualified to practise as an attorney-at-law under regulations made under clause 26 or must be entitled to practise law in jurisdictions such as England, Scotland, Wales, Northern Ireland, Jamaica or any other country approved by the Council or should have qualified in accordance with this legislation.

Clause 6 provides for the temporary admission of attorneys-at-law.

Clause 7 provides for the registration of foreign legal consultants. A foreign legal consultant is a person who is called to the bar in another jurisdiction and who wishes to practise the law of such jurisdiction (and not Cayman Islands law) while resident in the Islands.

Clause 8 provides for the payment of the admission fee specified in Schedule 1. Government attorneys-at-law are exempt from the payment of the fee.

Clause 9 provides for the entering in the Court Roll of the names and particulars of attorneys-at-law admitted to practise.

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Clause 10 provides for the Clerk of the Court to, as soon as possible after the commencement of this legislation-

(a) cause to be registered in the Court Roll the particulars specified in clause 9(1) of every person who immediately before the commencement of this legislation was admitted to practise as an attorney-at-law under the Legal Practitioners Law (2012 Revision); and

(b) reflect in the particulars whether that person holds a current practising certificate if one is required for him to practise as an attorney-at-law.

Clause 11 provides that every person whose name is entered on the Court Roll in accordance with this legislation and who holds a valid practising certificate-

(a) is entitled to practise law and in the case of an attorney-at-law other than a government attorney-at-law, sue for and recover his fees for services rendered in that respect; (b) has the right of audience before any court in the Islands; and

(c) is an officer of the court.

Clause 12 provides that every attorney-at-law who is registered in the Court Roll (except those temporarily admitted and government attorneys-at-law), shall apply for and obtain an annual practising certificate. An attorney-at-law is required under this clause to provide the Clerk of the Court with a registration document setting out information including-

(a) his current residential and office addresses; (b) the bars of all jurisdictions to which he is admitted; and (c) whether or not he is or has been the subject of any disciplinary

complaint or action that could cause or did cause his name to be struck off the roll in jurisdictions in which he is admitted.

Where the name of an attorney-at-law is removed from the Court Roll any practising certificate issued to him shall cease to be valid.

Clause 13 requires every firm entitled to practise law within, or in the case of a qualified firm, outside the Islands, to publish on its website or on any publication purporting to advertise its services information reflecting-

(a) the names of all the attorneys-at-law of the firm; (b) the date on which they were first admitted to practise law and

name of the employer at the time; and (c) the qualifications upon which admission to practise law were

based.

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Clause 14 gives an attorney-at-law the right to sue for fees and costs in respect of services rendered as an attorney-at-law.

Clause 15 provides that it is an offence to unlawfully engage in the practice of law. A person who commits such an offence is liable on summary conviction to a fine of five thousand dollars or to imprisonment for a term of two years or both.

Clause 16 provides for the operational licence which firms must have in order to practise law in the Islands.

Clause 17 sets out the circumstances in which an attorney’s name may be removed from the Court Roll. It also provides that an attorney-at-law who retires from the practice of law and who wishes for his name to remain on the Court Roll shall, by notice in writing, so inform the Clerk of the Court.

Clause 18 provides that a covenant or obligation entered into by an attorney-at-law restricting his practise of law shall not be valid or enforceable if it is in excess of a period of six months. Under subclause (3) the enforceability of any covenant and obligation entered into with respect to retirement payments or the sale of goodwill in a firm is not affected.

Clause 19 is a savings clause relating to the Attorney General and Director of Public Prosecutions and it provides that nothing in the legislation prejudices or affects the rights, including the right in connection with the duties of their office to act as an advocate or privileges.

PART 3- ARTICLES OR CONTINUING LEGAL EDUCATION

Clause 20 provides that a Caymanian student or a student with a Residency and Employment Rights Certificate who wishes to be conferred with an Attorney-at-Law Certificate shall have the option of successfully completing a prescribed programme of -

(a) service under articles; or (b) continuing legal education which includes procedural and

practical legal training at the Truman Bodden Law School or at any other recognised tertiary level institution.

Clause 21 provides for the hiring of articled clerks. An attorney-at-law who has been admitted as a legal practitioner in any country of the Commonwealth or any country approved under clause 3(2) for a period of at least seven continuous years (at least five of which have been as an attorney-at-law in the Islands) may take any person into his service as an articled clerk. Subclause (2) also permits a firm

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or association, with the written approval of the Attorney General, to take any person into its service as an articled clerk.

Clause 22 deals with the discharge of articles in certain circumstances.

Clause 23 deals with the transfer of articles.

Clause 24 stipulates the training obligations placed on an attorney-at-law, firm or association in relation to an articled clerk.

Clause 25 deals with the award of legal profession scholarships by a firm. It provides that a firm shall-

(a) at least once every three years, award a legal profession scholarship to a Caymanian student or a student with a Residency and Employment Rights Certificate who has been admitted to pursue, at the Truman Bodden Law School, or any other internationally accredited institution qualifications leading towards the award of the Attorney-at-Law Certificate; and

(b) take into its service as an articled clerk that Caymanian student or student with a Residency and Employment Rights Certificate if he has successfully completed all courses required for attainment of his law degree and the qualifying examination qualification.

PART 4- LEGAL EDUCATION

Clause 26 provides for the Council to make arrangements for the provision of-

(a) a system of legal education and practical training leading to local qualification for enrolment as an attorney-at-law or qualification for other professions connected with the practice of law; and

(b) a system of law reporting.

Under subclause (3) the Governor in Cabinet, after consultation with the Council, may make regulations relating to matters connected with the functions of the Council in relation to legal education.

Clause 27 also deals with the making of regulations for the better carrying out of this legislation.

Clause 28 deals with the making of regulations to permit attorneys-at-law to form incorporated practices.

Clause 29 provides the penalty for pretending to be a recognised corporate body.

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PART 5- CODE OF PROFESSIONAL CONDUCT

Clause 30 provides that the Governor in Cabinet after consultation with the Council shall, by regulations, provide a Code of Professional Conduct which regulates the professional conduct, practise, etiquette and discipline of an attorney-at-law. Where an attorney-at-law other than the Attorney General, the Director of Public Prosecutions and a government attorney-at-law, fails to comply with the Code he is liable to be disciplined under Part 6.

Clause 31 provides that the regulations under clause 22 may prescribe, among other things, acceptable conduct of an attorney-at-law-

(a) in relation to the profession; (b) in relation to clients; (c) in relation to client accounts; (d) in relation to the court and the administration of justice; and (e) in relation fellow attorneys-at-law.

Clause 32 provides that every firm shall, on or by 31st January in each year, file with the Monetary Authority a certificate in a form prescribed by the Governor in Cabinet that, to the best of its knowledge and belief, it has complied and is continuing to comply with the requirements of the Proceeds of Crime Law, 2008 and any applicable regulations made thereunder. Where the firm has not so complied, or is not presently so complying, the firm must disclose the nature and extent of its non-compliance. The fine for knowingly filing a false certificate or for failing to file a certificate will be twenty thousand dollars.

PART 6- DISCIPLINE WITHIN THE LEGAL PROFESSION

Clause 33 deals with the filing of complaints against an attorney-at-law. It provides that a person may file a complaint against an attorney-at-law, other than the Attorney General, the Director of Public Prosecutions or a government attorney-at-law, with the Council and that a complaint against an attorney-at-law shall be made to the Council within ten years of the date of the alleged act or omission.

Clause 34 provides that the Rules in relation to complaints contained in Schedule 6 shall have effect in relation to the Council until rules are made by the Council under this clause.

Clause 35 provides for the investigation of complaints in accordance with this legislation and the Rules and where the Council has completed its investigation it is required to either dismiss a complaint or impose disciplinary sanctions against the attorney-at-law who is the subject of the complaint.

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Clause 36 provides that any person who has a complaint against a government attorney-at-law may file such complaint with the Clerk of the Court who shall submit the complaint to the Chief Justice for further action under this legislation. Where the complaint is against the Attorney General or the Director of Public Prosecutions that complaint must be filed with the Judicial and Legal Services Commission.

Clause 37 provided that if Council is satisfied that the attorney-at-law-

(a) is guilty of misconduct in his professional capacity; (b) has behaved in a manner tending to bring the legal profession

into disrepute; or (c) has been convicted of an offence;

it may impose any one or more of the following disciplinary sanctions-

(a) subject to clause 38, order that the attorney-at-law’s name be struck off the Court Roll;

(b) order that the attorney-at-law’s practising certificate be qualified to the effect that he shall not be entitled to appear as an advocate before all or any courts or tribunals in the Islands or to practise in specific areas of law either permanently or for a specified period;

(c) order that the attorney-at-law be suspended from practise as an attorney-at-law for a specified period, not exceeding five years;

(d) order the attorney-at-law to pay a fine of twenty five thousand dollars;

(e) where the attorney-at-law practises in other jurisdictions or is temporarily admitted, report his conduct to any other professional association or authority having jurisdiction over him in those jurisdictions;

(f) reprimand the attorney-at-law; (g) advise the attorney-at-law as to his future conduct; or (h) take no action.

Clause 38 provides that the Council shall not order that an attorney-at-law’s name be struck off the Court Roll unless it is satisfied that he is not a fit and proper person to practise as an attorney-at-law.

Clause 39 deals with the interim suspension of an attorney-at-law from practice. The Council-

(a) make an interim order that an attorney-at-law be suspended from practice until the complaint has been heard and determined; or

(b) make an interim order that a trust fund or funds held by an attorney-at-law shall, until a complaint has been heard or

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determined, be operated by an accountant or a bank if the complaint contains an allegation of misuse of trust funds.

The attorney-at-law shall be given notice of any application under this clause and such application shall be heard and determined summarily no later than twenty-one days after it is received by the Council.

Clause 40 deals with the restoration of the name of an attorney-at-law to the Court Roll and with the termination of the suspension of an attorney-at-law.

Clause 41 provides that where, by any order of the Council, it is ordered that an attorney-at-law’s name be struck off or restored to the Court Roll, or that an attorney-at-law be suspended from practice otherwise than by an interim order made under clause 39, the order shall be filed in the Court Office. Where it is ordered that an attorney-at-law’s name be struck off the Court Roll, the order shall not take effect as a suspension until the expiry of the time allowed for appeal under clause 42, or, if an appeal is commenced, unless and until the appeal is dismissed.

Clause 42 provides for appeals by an attorney-at-law against an order or decision of the Council. Such an appeal shall lie to the Court of Appeal.

Clause 43 provides that an order that an attorney-at-law be suspended from practice or struck off the Court Roll shall be published in the Gazette by notice of the Clerk of the Court.

Clause 44 provides that the Council shall not impose any sanction upon an attorney-at-law unless he has been given a reasonable opportunity to be heard, either in person or by an attorney-at-law.

Clause 45 provides that the Council shall have the same powers as the Court to issue a subpoena requiring any person to attend and give evidence and to produce relevant documents in his possession, custody or power.

Clause 46 provides that any document purporting to be an order of the Council and to be signed on its behalf by the Chairman of the Council shall, in the absence of proof to the contrary, be taken to be an order of the Council duly made, without proof of its making, or proof of signature, or proof that the person signing the order was in fact entitled to sign the order.

Clause 47 provides that when the Council makes an order imposing a fine or providing for the payment of costs under this legislation, such order shall take effect as if it were a debt owing to the Crown.

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Clause 48 provides that in any proceedings before it, including any appeal, the Council or the Court of Appeal may, if in its opinion it is proper to do so having regard to the interests of any person and to the public interest, make an order prohibiting the publication of the name of any attorney-at-law or of any complainant involved in the proceedings or of any particulars of the said proceedings. Any breach of such order, or any evasion or attempted evasion of it, may be dealt with as a contempt of court.

Clause 49 provides that where an attorney-at-law is suspended from practice or his name is struck off the Court Roll, the Council may serve on him or on any partner, director, shareholder or employee of the firm with which he practises, or on any person conducting his practice, a notice signed by two members of the Council requiring the person on whom the notice is served to supply to the Council, so far as it is practicable to do so-

(a) a list of all wills in which the attorney-at-law is appointed as a trustee, and the names and addresses of the testators;

(b) a list of all other trusteeships that are held by the attorney-at-law under any trust or are to be held by him on the occurrence of any event;

(c) where the attorney-at-law is a sole practitioner, details of all client funds held by him; and

(d) such other particulars as may be necessary to enable the Council to exercise its powers.

Clause 49(2) provides that on receipt of any list the Council may notify the testator under any such will, or the other trustee or trustees under any such trust, that the attorney-at-law has been suspended from practice or that his name has been struck off the Court Roll.

Clause 50 provides that the Chief Justice has the power to take disciplinary action against government attorneys-at-law with respect to professional misconduct in accordance with rules of court made for the purpose.

Clause 51 deals with the discipline of an attorney-at-law by the court of another jurisdiction. The clause provides that any attorney-at-law admitted to practise in the Islands shall, upon being struck off the Roll or its equivalent by a court or similar body of any other jurisdiction, no later than thirty days after such action inform the Clerk of the Court of that fact.

A partner, director or shareholder of a firm who becomes aware that an attorney-at-law of the firm has been struck off or disqualified from practising as an attorney-at-law by a court or other relevant body in any other jurisdiction on the ground that he has been found guilty of professional misconduct shall report this

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fact to the Clerk of the Court as soon as reasonably practicable after he becomes so aware.

An attorney-at-law who fails or refuses to inform the Clerk of the Court as required commits an offence and is liable on conviction on indictment to a fine of twenty thousand dollars. Where the partner, director or shareholder of a firm fails to inform the Clerk of the Court in accordance with this legislation that partner, director or shareholder is guilty of misconduct and shall be disciplined in accordance with Part 6.

Clause 52 provides that an attorney-at-law, upon being struck off the Roll or its equivalent by consent or resigning from the bar of any other jurisdiction while an investigation into allegations of misconduct is pending, shall promptly inform the Clerk of the Court of such disbarment on consent or resignation.

Where the Clerk of the Court verifies that an attorney-at-law has been struck off a Court Roll or its equivalent by consent or has resigned from the bar of any other jurisdiction and he obtains a certified copy of a judgment or order relating to that matter, the attorney-at-law shall cease to be permitted to practise and shall be struck off the Court Roll.

An attorney-at-law who fails or refuses to inform the Clerk of the Court as required commits an offence and is liable on conviction on indictment to a fine of twenty thousand dollars. Where the partner, director or shareholder of a firm fails to inform the Clerk of the Court in accordance with this legislation, that partner, director or shareholder commits an act of misconduct and shall be disciplined in accordance with Part 6.

Clause 53 empowers the Governor in Cabinet to make regulations in relation to the functions and powers of the Council and generally for the better carrying out matters relating to the discipline of attorneys-at-law.

PART 7- MISCELLANEOUS PROVISIONS

Clause 54 provides protection to any person from civil or criminal liability or any liability arising by way of administrative process, including disciplinary action, if he discloses to any member of the Council, an officer of the court, any law enforcement authority or any other person information concerning a breach this legislation.

A court before which proceedings are held shall cause entries in books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding and in which a person who discloses information is named or

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described or which might lead to his discovery to be redacted so far as is necessary to protect that person from discovery.

Clause 55 prohibits the taking of any detrimental action against any person who discloses information in relation to the contravention of this legislation.

Clause 56 provides that any action that seeks to cause a detriment to a person who makes a disclosure constitutes a tort and a person who initiates or causes to initiate such action is liable in damages to the affected person. It also provides that the rights of a person who brings proceedings for damages under this clause will not be affected as it relates to any other right or remedy available to the person arising from the detrimental action.

Clause 57 makes it an offence for any person to make a false or misleading disclosure.

Clause 58 provides that any information in respect of any offence against this legislation may be laid at any time within ten years after the date on which the offence was committed.

Clause 59 is a savings clause and provides that the jurisdiction, power or authority vested in any court immediately before the commencement of this legislation by any enactment to deal with contempt of court committed by attorneys-at-law shall continue to be exercisable after such commencement in relation to attorneys-at-law.

Clause 60 provides that every firm shall, once in each period of twelve months ending with 31st December, deliver by post or otherwise to the Clerk of the Court a signed annual compliance report stipulating that it has complied with the provisions of this legislation and with the regulations to made under subclause (6).

Under subclause (6) the Governor in Cabinet, after consultation with the Council, may make regulations dealing with the submission of an annual compliance report and such regulations may prescribe-

(a) the form and content of an annual compliance report; (b) the accounting specifics to be included in an annual compliance

report; (c) the duties of a firm in relation to the submission of the report; (d) the signatories to the report; (e) auditing and authentication procedures to be employed to

confirm accuracy of the report; (f) compliance periods; and (g) penalties for failure to comply with the regulations.

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Clause 61 deals with continuing offences.

Clause 62 repeals the Legal Practitioners Law (2012 Revision).

Clause 63 contains savings and transitional provisions.

Clause 64 provides that regulations made under this legislation are subject to the affirmative resolution of the Legislative Assembly.

Schedule 1 sets out the admission fees to practise and the annual fee for a practising certificate.

Schedule 2 sets out forms relating to the certificate of enrolment, the practising certificate and the certificate of a government attorney-at-law.

Schedule 3 sets out the operational licence fees.

Schedule 4 sets out the form of the operational licence.

Schedule 5 sets the constitution of the Cayman Islands Bar Council.

Schedule 6 contains the rules to be followed by the Council when considering an allegation against an attorney-law.

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THE LEGAL PRACTITIONERS BILL, 2012

ARRANGEMENT OF CLAUSES

PART 1- PRELIMINARY

1. Short title 2. Interpretation

PART 2- GENERAL

3. Establishment of the Cayman Islands Bar Council 4. Functions of the Council 5. Admission of persons to practise as attorneys-at-law 6. Limited admission as attorney-at-law 7. Practise of law by foreign legal consultant 8. Admission fees 9. Enrolment of attorneys-at-law 10. Clerk of the Court’s duty to register persons entitled to practise immediately

before this Law 11. Status of attorney-at-law 12. Practising certificate, annual fees and annual returns 13. Publications relating to firms 14. Right to sue for fees and costs 15. Unlawful practise of law 16. Operational licence fee 17. Removal of name from the Court Roll 18. Covenant or obligation restricting practice 19. The Attorney General and Director of Public Prosecutions- savings


20. Articles or continuing legal education 21 Articled clerks 22. Discharge of articles in certain circumstances 23. Transfer of articles, etc. 24. Obligations of attorney-at-law in relation to an articled clerk 25. Firms to award legal profession scholarship


26. Regulations relating to legal education and qualification to practise law 27. Further regulations 28. Regulations to permit attorneys to form incorporated practices 29. Penalty for pretending to be a recognised corporate body

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30. Code of Professional Conduct 31. Regulations dealing with Code of Professional Conduct 32. Proceeds of Crime Law compliance certificate


33. Filing of complaints 34. Rules in relation to complaints 35. Investigation of complaints 36. Complaints against government attorneys-at-law 37. Disciplinary sanctions 38. Making of order for striking off Court Roll or for suspension from practice 39. Interim suspension from practice 40. Restoration of name to Court Roll 41. Order for striking off, restoration or suspension from practice to be filed in

Court 42. Appeal from decision of the Council 43. Notice of order for striking off, restoration or suspension to be published in

Gazette 44. Right of person charged to be heard 45. Evidence 46. Form and proof of order of Council 47. Enforcement of order of Council 48. Power of Council or Court of Appeal to prohibit publication of person’s

name or affairs 49. Trusteeships held by attorney-at-law suspended or struck off 50. Disciplinary proceedings against government attorneys-at-law by the Chief Justice 51. Discipline imposed by other courts 52. Attorneys-at-law struck off the Roll on consent or resignation in other

courts 53. Council regulations


54. Protection for disclosing contravention of Law 55. Action to cause detriment 56. Damages for detrimental action 57. False or misleading disclosure 58. Information in respect of any offence 59. Saving of jurisdiction of court 60. Annual compliance report 61. Continuing offences 62. Repeal

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63. Savings and transitional provisions 64. Regulations- affirmative resolution

Schedule 1- Admission fees; annual fee for practising certificate, etc.

Schedule 2- Certificate of enrolment; practising certificate; certificate of government attorney-at-law

Schedule 3- Operational licence fees

Schedule 4- Operational licence

Schedule 5- The Cayman Islands Bar Council

Schedule 6- The Complaints Against Attorneys-at-Law Rules, 2012

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CAYMAN ISLANDS

A BILL FOR A LAW TO REPEAL AND REPLACE THE LEGAL PRACTITIONERS LAW (2012 REVISION) IN ORDER TO PROVIDE

MODERN REGULATION OF THE PRACTICE OF LAW IN THE ISLANDS; TO PROVIDE FOR THE ESTABLISHMENT OF A CAYMAN ISLANDS BAR COUNCIL; TO PROVIDE FOR A SYSTEM OF LEGAL

EDUCATION; TO PROVIDE FOR MECHANISMS TO DEAL WITH PROFESSIONAL MISCONDUCT; AND FOR INCIDENTAL AND

CONNECTED PURPOSES

ENACTED by the Legislature of the Cayman Islands.

PART 1- PRELIMINARY

1. This Law may be cited as the Legal Practitioners Law, 2012. Short title

2. (1) In this Law- Interpretation

“affiliate” means any branch of a qualified firm that is engaged in the practise of law outside of the Islands-

(a) trading under the same, or similar name as that qualified firm or any derivative of the name of the qualified firm; or

(b) holding itself out as a branch of, or affiliated to, that qualified firm;

“annual compliance report” means the report required under section 60;

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“association” means any body of one or more persons established for the purpose of representing the interests of all attorneys-at-law or a specific group of attorneys-at-law practising law in the Cayman Islands;

“attorney-at-law” means a person admitted to practise the law of the Cayman Islands within or outside the Islands;

“Attorney-at-Law Certificate” means the certificate conferred upon any student who, to the satisfaction of the Director of Legal Studies at the Truman Bodden Law School, completes all requirements attached to his legal training.

“Caymanian” means a person who possesses Caymanian status under the repealed Immigration Law (2003 Revision) or any earlier law providing for the same or similar rights and includes a person who acquired that status under Part III of the Immigration Law (2011 Revision);

(2003 Revision)

(2011 Revision)

“Chief Justice” means the Chief Justice of the Cayman Islands;

“Clerk of the Court” means the officer appointed under section 7 of the Grand Court Law (2008 Revision) to be the Clerk of the Court;

(2008 Revision)

“Code” means the Code of Professional Conduct provided under section 30;

“complainant” includes a person acting on behalf of the person that is the subject of a complaint; “Council” means the Cayman Islands Bar Council established under section 3;

“Court” means the Grand Court of the Cayman Islands;

“Court of Appeal” means the Court of Appeal of the Cayman Islands;

“Court Office” means the office established pursuant to section 10 of the Grand Court Law (2008 Revision);

(2008 Revision)

“Court Roll” means the register maintained by the Clerk of the Court pursuant to section 9;

“detriment” includes-

(a) discriminatory, prejudicial or victimising action in relation to a person’s profession, career, employment, trade or business;

(b) intimidation or harassment; (c) financial loss; (d) damage to reputation and employment opportunities;

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(e) personal injury or prejudice to safety; and (f) property damage or loss,

and the word “detrimental” shall be construed accordingly;

“firm” includes-

(a) an attorney-at-law practising law as a sole practitioner; (b) attorneys-at-law practising law as a partnership or a limited

liability partnership; (c) a qualified firm; or (d) a recognised corporate body;

“government attorney-at-law” means an attorney-at-law employed by the Chambers of the Attorney General, the Office of the Director of Public Prosecutions or any other attorney-at-law employed in the public service;

“judge” means-

(a) a judge of the Grand Court appointed as such under section 106 of the Cayman Islands Constitution Order, 2009 or a person acting as such by virtue of section 97 of the said Constitution; or

(b) a judge of the Court of Appeal;

“Judicial and Legal Services Commission” means the Commission established under section 105 of the Cayman Islands Constitution Order, 2009;

“misconduct”, in relation to an attorney-at-law, includes-

(a) failing to comply with- (i) this Law and any of its regulations; (ii) the Code of Professional Conduct prescribed for the

purposes of this Law; (iii) any code of professional conduct adopted by the Cayman

Islands Law Society and the Cayman Islands Bar Association prior to the Code of Professional Conduct prescribed for purposes of this Law coming into force;

(b) breaches of the Immigration Law (2011 Revision) and regulations made thereunder in relation but not limited to issues dealing with-

(2011 Revision)

(i) work permits; (ii) training; (iii) promotion; (iv) re-designation; or (v) recruitment;

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(c) knowingly or negligently aiding and abetting a client, a partner, a director, a shareholder, an associate or an employee of a firm, in breaching any law of the Islands;

(d) requesting or instructing orally or in writing a person to breach any provisions of this Law and its regulations;

(e) failing without reasonable justification to disclose in writing to any member of the Council, an officer of the court or any law enforcement authority information concerning contravention of this Law and its regulations; or

(f) engaging in conduct which is detrimental to an attorney-at-law;

“Monetary Authority” means the Cayman Islands Monetary Authority established under section 5(1) of the Monetary Authority Law (2011 Revision) and includes any employee of the Authority acting under the Authority’s authorisation;

(2011 Revision)

“practising certificate” means a certificate issued under section 12;

“public officer” means any person employed in the public service but does not include the Governor in Cabinet or any member of the Legislative Assembly;

“public service” means the service of the Crown in a civil capacity in respect of the government of the Cayman Islands;

“qualified firm” means a firm or its affiliate that obtains a certificate of recognition under regulations prescribed by the Governor in Cabinet for the purpose of permitting that firm to employ a person, who is not Caymanian, to practise the law of the Islands in any country or territory other than the Islands, in accordance with this Law;

“recognised corporate body” means a body corporate in possession of a certificate of recognition issued pursuant to the Legal Practitioners Incorporated Practice Regulations (2006 Revision); and

(2006 Revision)

“Residency and Employment Rights Certificate” means a certificate issued under section 31 of the Immigration Law (2011 Revision).

(2011 Revision)

(2) For the purposes of this Law, the term “practise law”-

(a) means to apply legal principles and judgement with regard to the circumstances or objectives of a person that requires the knowledge and skill of a person trained in the law, and includes any of the following conduct- (i) giving legal advice to another on any matter arising under

or relating to the laws of the Islands;

20


(ii) representing another person before a court, judicial or quasi-judicial tribunal including but not limited to, preparing or filing documents or conducting discovery, except where otherwise permitted by any law;

(iii) preparing documents that are intended to have legal effect or to create legal relations between persons;

(iv) recording of an extension to the Islands of a person’s interest in or rights to patents and trade marks as defined in the Patents and Trade Mark Law (2011 Revision);

(2011 Revision)

(v) holding oneself out to another, either within or outside the Islands as qualified or authorised to practise Cayman Islands law as an attorney-at-law;

(vi) representing to any other person that he is qualified to practise in any other profession by virtue of his qualification and authorisation to practise Cayman Islands Law; or

(vii) engaging in any other activity which may affect the legal rights and interests of a person;

(b) does not apply to- (i) a person acting on his own behalf whether in relation to a

document, a proceeding or otherwise where permitted by law;

(ii) an in-house attorney-at-law (other than a government-attorney-at- law) who is acting on behalf of his employer in relation to a document, a proceeding or in any other manner permitted by law;

(iii) the directors acting on behalf the company whether in relation to a document, a proceeding or otherwise where permitted by law;

(iv) the preparation of a will which does not have trust provisions;

(v) the preparation of any document relating to the sale, purchase or lease of land or premises where no charge is involved;

(vi) the preparation of a letter or power of attorney; (vii) the transfer of shares containing no trust or limitation; (viii) the preparation or drawing of any document by a public

officer (other than a government attorney-at-law) or the employee of a company or firm for his employer, in the course of his employment;

(ix) engrossment of any instrument by a person in the course of his employment; or

(x) the carrying out of any activity by a person licensed under any regulatory law (as defined in the Monetary Authority Law (2011 Revision),

(2011 Revision)

21


and the words “practice of law” and “practise as an attorney-at-law” shall be construed accordingly.

(3) For the purposes of this Law, the words “legal advice” mean advice given to a person relating to the legal interests, rights or responsibilities of the person or of another person or on any matter involving the application of legal principles to rights, duties, obligations or liabilities.

PART 2- GENERAL 3. (1) There is established the Cayman Islands Bar Council which has the powers, duties and functions conferred upon it by this Law and any other Law.

Establishment of the Cayman Islands Bar Council

(2) The provisions of Schedule 5 apply to the constitution of the Council, its operational procedures and related matters.

Functions of the Council

4. (1) The functions of the Council include-

(a) establishing a system of legal education and practical training; (b) ensuring that systems are in place for eligible persons to be

afforded an opportunity to be admitted as articled clerks; (c) developing, monitoring and enforcing policies relating to training

opportunities for qualified Caymanian articled clerks; (d) monitoring the application of policies relating to the equal

opportunities, training, employment and promotion of qualified Caymanian attorneys-at-law in a firm;

(e) promoting and encouraging continuing legal education after qualification for enrolment as an attorney-at-law;

(f) regulating and upholding standards of professional conduct, discipline and etiquette within the legal profession;

(g) promoting and ensuring compliance with the Code; (h) developing, monitoring and enforcing policies to protect the

image and reputation of the legal profession and the Islands; (i) receiving, hearing and determining complaints arising from an

act or omission of an attorney-at-law; (j) making decisions in relation to the issuance, revocation and

suspension of practising certificates; (k) making decisions in relation to the issuance, revocation or

suspension of certificates of recognition; (l) making decisions and recommendations in relation to the terms

and conditions that may be imposed in relation to certificates of recognition or practising certificates;

(m) developing, monitoring and enforcing policies in relation to the approval of qualified firm status and compliance with the terms

22


and conditions attached to a certificate of recognition as a qualified firm;

(n) determining questions relating to the practice of law, the Code, discipline and etiquette;

(o) establishing a system of law reporting; (p) advocating for the protection of the constitutional rights of the

public to access all courts and tribunals, to a fair trial and to legal representation;

(q) making recommendations for the improvements in the administration of justice;

(r) encouraging and supporting law reform; (s) furthering good relations between the legal profession in the

Islands and the legal profession of other jurisdictions; and (t) addressing any other matter which impacts the legal profession.

(2) For the purpose of discharging its functions under this Law, the Council shall have the power to-

(a) convene hearings to consider any matter arising under this Law; (b) issue summonses to compel the attendance of parties and

witnesses at the hearing; (c) compel the production of documents or any other information

from any person who the Council has reasonable grounds to believe can assist in determining whether a breach has been committed under this Law;

(d) require any document submitted or information provided to the Council to be verified by affidavit;

(e) examine witnesses on oath, affirmation or otherwise at a hearing; (f) make reports or recommendations to any relevant authority in

relation to any breach committed under this Law; and (g) exercise and perform such other responsibilities, powers,

functions and duties as may be assigned to it by this or any other law or which may further the objectives of this Law.

5. (1) Subject to this Law, a judge may admit any fit and proper person entitled to the satisfaction of the Court to be employed in the Islands to practise law as an attorney-at-law in accordance with subsection (4) if he-

Admission of persons to practise as attorneys-at-law

(a) is a Caymanian; (b) holds a current work permit, a Residency and Employment

Rights Certificate or is otherwise entitled under operation of the Immigration Law (2011Revision) to reside and work in the Islands as an attorney at law in the capacity in which he is to be employed;

(2011 Revision)

(c) is employed by the Government; or

23


(d) is resident outside of the Islands and is a partner, director, shareholder or an associate of a qualified firm.

(2) A person who meets the requirements for admission under subsection (1) shall also satisfy the Court that he-

(a) is not an undischarged bankrupt; (2012 Revision) (b) has not engaged in any conduct that would constitute an act of

misconduct under this Law, the Legal Practitioners Law (2012 Revision) or any other law; and

(c) has not been disbarred for misconduct from practising law in another jurisdiction.

(3) A person who is an undischarged bankrupt shall not be eligible for admission to practise law in the Islands even though he has not been disbarred from practising law within or outside the Islands.

(4) A judge of the Court may admit as an attorney-at-law any person who satisfies the requirements provided under subsections (1) and (2) where such person-

(a) is qualified to practise as an attorney-at-law under regulations made under section 26;

(b) (i) has successfully completed the (Solicitors) Legal Practice Course or any qualifications considered equivalent to such course by the Solicitors Regulation Authority of England and Wales and is enrolled as a solicitor in England and Wales or Northern Ireland having served the prescribed term as a trainee solicitor; (ii) has successfully completed the Bar Vocational Course or

any qualification considered equivalent to such course by the Bar Council of England and Wales and, in either case, has served twelve months pupillage in England, Wales or Northern Ireland;

(iii) is a member of the Faculty of Advocates of Scotland or a writer to the Signet of Scotland, a Law Agent or solicitor admitted to practise in Scotland;

(iv) is an attorney-at-law of the Supreme Court of Jamaica; (c) satisfies a judge that he is entitled to practise in any court of-

(i) any country of the Commonwealth; or (ii) any other country approved by the Council,

and possesses a qualification comparable to standard law, practice and procedure with those specified in paragraph (a); or

(d) is qualified under paragraphs (b) or (c) and he-

24


(i) has undertaken relevant courses in Cayman Islands Law and has passed examinations set by the Council for this purpose; or

(ii) has worked for a period of not less than six months under the supervision of an attorney-at-law who has been in continuous practice as a legal practitioner in any country of the Commonwealth or any country approved under paragraph (c)(ii) for a period of at least seven continuous years (at least five of which have been as an attorney-at-law in the Islands).

(5) An attorney-at-law who is eligible for admission to practise law under subsection (4) is required to have attained three years post qualification experience at the time of submitting his application for admission to practise law before that application may be considered.

(6) Subsection (5) does not apply to Caymanians or persons who hold a Residency and Employment Rights Certificate which entitles them to work or be employed as an attorney-at-law.

(7) A person specified in subsection (1) who is qualified under this section may apply for admission to practise as an attorney-at-law and such application shall be made by motion to the Court and be filed in the Court Office together with an affidavit verifying his qualifications and-

(a) the certificate of the applicant’s call to the Bar; (b) the certificate of the applicant’s completion of the Bar Vocational

Course; (c) the certificate of the completion of the (Solicitors) Legal Practice

Course; (d) the practising certificate as a Barrister in England and Wales; (e) the certificate of admission as a Solicitor in England and Wales

or Northern Ireland; (f) the certificate of the applicant’s admission to the Faculty of

Advocates or of his admission as a solicitor in Scotland, a Writer to the Signet or Law Agent; or

(g) the relevant certificate relating to any qualification referred to in subsection (4)(b) or (c).

(8) For the purposes of subsection (4)(d), “Cayman Islands Law” means any laws or aspects of law that the Council determines to be relevant to the intended areas of practice indicated by the applicant.

(9) An applicant who has the qualifications specified under subsection (4)(b) and (c) may apply to the Council to be exempt from the requirements of

25


subsection (4)(d) where such applicant has been qualified as an attorney-at-law, barrister or solicitor for a period of five years immediately preceding the date of his application for admission; and the Council may either grant such exemption or modify the requirements of subsection (4)(d) as it considers fit.

(10) A judge may, for due cause, including lack of fitness of character, refuse to admit any applicant to practise generally as an attorney-at-law notwithstanding that he may possess the qualifications specified under this section.

(11) A person generally admitted as an attorney-at-law after qualifying under subsection (4) may practise the law of the Cayman Islands in any other jurisdiction subject to the law of such jurisdiction.

(12) Where a firm knowingly and intentionally misrepresents any aspect of the qualifications required under this section for the admission of an attorney-at-law it is seeking to employ, the partners, directors or shareholders of the firm are liable to disciplinary action under Part 6.

6. (1) A judge may admit temporarily to practise as an attorney-at-law for the purpose of any specified suit, cause, matter or proceedings in regard to which the person so admitted has been instructed-

Limited admission as attorney-at-law

(a) by an attorney-at-law in the Islands; or (b) where the Clerk of Court has certified that it is not possible to

assign the services of an attorney-at-law to a person to whom a legal aid certificate has been granted under section 3 of the Legal Aid Law (1999 Revision), by such person, (1999 Revision)

any person who possesses the specified qualifications, if-

(i) such person has come or intends to come to the Islands for the purpose of appearing, acting or advising in that suit, cause, matter or proceedings including arbitration proceedings; and

(ii) an application for such admission is made in such manner as the judge may think fit.

(2) A person temporarily admitted to practise as an attorney-at-law under subsection (1) shall be entitled to practise for the purpose of the suit, cause, matter or proceedings concerned but not otherwise and while so admitted shall be subject to Parts 5 and 6 to the same extent as a person who is otherwise generally admitted as an attorney-at-law.

26


(3) The Clerk of Court shall not issue a certificate under subsection (1)(b) unless he is satisfied-

(a) that every reasonable effort has been made to obtain the services of a generally admitted attorney-at-law for the person to whom the legal aid certificate has been granted; and

(b) that there is no generally admitted attorney-at-law who is willing and able to advise or represent that person pursuant to a legal aid certificate.

7. (1) A person who is called to the bar in another jurisdiction and who is not an attorney-at-law in accordance with this Law may apply to the Court to be registered as a foreign legal consultant to practise the law of such jurisdiction while resident in the Islands.

Practise of law by foreign legal consultant

(2) A person registered in accordance with subsection (1) shall not practise law in these Islands unless-

(a) he is duly admitted under this Law as an attorney-at-law; and (b) obtains the relevant work permit required under the Immigration

Law (2011 Revision). (2011 Revision)

(3) The Governor in Cabinet, after consultation with the Council, may make regulations relating to registration under this section and, in particular but without prejudice to the generality of the foregoing, such regulations may prescribe-

(a) qualifications for registration as a foreign legal consultant; (b) fees for registration; (c) conditions of registration; and (d) circumstances under which registration may be revoked.

8. (1) Any person admitted to practise as an attorney-at-law or his employer shall pay the admission fee specified in Schedule 1.

Admission fees

(2) Notwithstanding subsection (1), a person who is admitted to practise as a government attorney-at-law is exempt from the payment of the admission fee.

9. (1) The Clerk of Court shall continue to keep a register of attorneys-at-law known as the Court Roll in which he shall cause to be registered the name of every person entitled to practise law under section 10 or admitted to practise law under sections 5 and 6, together with the following particulars in respect of each such person-

Enrolment of attorneys-at-law

(a) his full name and address; (b) his nationality;

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(c) the date of his admission to practise law in the Cayman Islands and any foreign jurisdiction;

(d) a description of the qualifications in respect of which he has been admitted to practise law;

(e) the area of law in which he specialises and a description of his post qualification experience in that area; and

(f) the name of his employer.

and upon being so enrolled, such person shall be entitled to a certificate of enrolment in the form set out as Form 1 in Schedule 2 under the seal of the Grand Court and signed by the Clerk of the Court.

(2) The production of a certificate shall be prima facie evidence that the person named therein is duly enrolled as an attorney-at-law, and such certificate shall be admissible in evidence without further proof of the sealing and signing thereof by the Clerk of the Court.

(3) The Court Roll shall at all reasonable times be open to inspection by members of the public at the Court Office and shall also be available for review electronically.

(4) An attorney-at-law shall notify the Clerk of the Court of an alteration in the particulars registered in the Court Roll within thirty days of that alteration.

(5) Where an attorney-at-law fails to notify the Clerk of the Court as required under subsection (4) he is liable to disciplinary action under Part 6.

(6) The Clerk of the Court shall make such alterations in the particulars registered in the Court Roll as are necessary in accordance with this Law.

(7) Any attorney-at-law, whether generally or temporarily admitted, shall be deemed to be an officer of the Court.

Cler k of the Court’s duty to register persons entitled to practise immediately before this Law

10. The Clerk of the Court shall as soon as possible after the commencement of this Law-

(a) cause to be registered in the Court Roll the particulars specified in section 9(1) of every person who immediately before the commencement of this Law was admitted to practise as an attorney-at-law under the Legal Practitioners Law (2012 Revision); and

(b) reflect in the particulars whether that person holds a current practicing certificate if one is required for him to practise as an attorney-at-law.

(2012 Revision)

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11. A person whose name is entered in the Court Roll in accordance with this Law and who holds a valid practising certificate-

Status of attorney-at-law

(a) is entitled to practise law and in the case of an attorney-at-law other than a government attorney-at-law, sue for and recover his fees for services rendered in that respect;

(b) has the right of audience before any court in the Islands; and (c) is an officer of the court.

12. (1) Every attorney-at-law who is registered in the Court Roll, except an attorney-at-law who is admitted pursuant to section 6 and a government attorney-at-law, and who desires to practise law in any year shall, subject to subsection (3), in the month of December immediately prior to that year, apply to the Clerk of the Court for an annual, or a renewal of his annual, practising certificate.

Practising certificate, annual fees and annual returns

(2) Subject to subsections (5) and (6), the Clerk of the Court shall issue to an attorney-at-law applying under subsection (1) an annual practising certificate in the form set out as Form 2 in Schedule 2 where that attorney-at-law-

(a) satisfies the criteria specified in section 5(1) and (2); (b) provides the Clerk of the Court with a registration document

prescribed by the court, setting out such information as the court may require including- (i) his current residential and office addresses; (ii) the bars of all jurisdictions to which he is admitted; and (iii) whether or not he is or has been the subject of any

disciplinary complaint or action which could cause or did cause his name to be struck off the roll in jurisdictions in which he is admitted; and

(c) pays the annual practising certificate fee specified in Schedule 1.

(3) Where an attorney-at-law fails to file the registration document required under subsection (2) the Clerk of the Court shall, within seven days after such document should have been filed, send a notice to the attorney-at-law requiring him to file the document not later than fourteen days after the date of the notice; and where the attorney-at-law fails to comply with this notice he shall be summarily suspended and shall remain suspended until he has filed the document whereupon, subject to sections 51 and 52, he shall become reinstated without further order.

(4) An attorney-at-law who knowingly files a false registration document commits an offence and is liable on summary conviction to a fine of fifteen thousand dollars.

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(5) A government attorney-at-law shall be deemed to be the holder of a valid practising certificate.

(6) A certificate in the form set out as Form 3 in Schedule 2 signed by the Attorney General to the effect that a particular person is a government attorney-at-law is prima facie evidence of that fact.

(7) A practising certificate which is issued to an attorney-at-law who is admitted to practise after 31st January of any year shall extend up to 31st January of the following year and the fee payable for such certificate shall be prorated in accordance with the number of months during which it is valid.

(8) If a person who is registered on the Court Roll applies to the Clerk of the Court for a practising certificate in a month other than December, the Clerk of the Court shall, on payment of the appropriate fee for late payment specified in Schedule 1, unless that person is exempt from such payment, issue to him a practising certificate.

(9) An annual practising certificate is valid for the year in which it is issued and expires on the 31st January of the following year.

(10) The Clerk of the Court shall cause to be published in the Gazette-

(a) in the month of February in every year, an alphabetical list of persons who have at the 31st January in that year obtained an annual practising certificate; and

(b) as soon as practicable, after he obtains a practising certificate, the name of any person obtaining a practising certificate after 31st January in any year.

(11) If the name of an attorney-at-law is removed from the Court Roll pursuant to this Law a practising certificate issued to him shall cease to be valid and the Clerk of the Court shall cause notice of this to be published in the Gazette.

(12) During the period of suspension of an attorney-at-law from practice, no practising certificate shall be issued to him and any practising certificate issued to him prior to such suspension shall cease to be valid for the period of that suspension.

(13) If an attorney-at-law is adjudicated bankrupt any practising certificate issued to him shall be suspended and cease to be valid for the period during which he remains an undischarged bankrupt even though he has not been disbarred from practising law within or outside the Islands.

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(14) If the practising certificate of an attorney-at-law is suspended then forthwith the Clerk of the Court shall ensure that any practising certificate issued to him shall cease to be valid and the Court Roll shall be amended to that effect.

(15) If an attorney-at-law declares that he has been disbarred in any other jurisdiction, or such information is otherwise brought to the attention of the Clerk of the Court, the Clerk shall advise the Court of this matter pursuant to section 52 and may only issue a practising certificate to the attorney-at-law pursuant to an order made under section 52.

(16) A person who is not permitted to practise by this Law shall not hold himself out as practising or purporting to practise as an attorney-at-law within or outside the Islands.

(17) A person who contravenes or facilitates the contravention of subsection (16) commits an offence and is liable on summary conviction to-

(a) a fine of fifty thousand dollars or to imprisonment for a term of two years or to both;

(b) a further fine of one thousand dollars every day on which the offence continues after conviction of the attorney-at-law;

(c) disciplinary action; or (d) all such penalties.

(18) A firm shall in the month of December of each year file with the Clerk of the Court annual returns which shall be in such form, contain such particulars and comply with such directions as to their preparation as prescribed under subsection (19).

(19) The Governor in Cabinet, after consultation with the Council, may make regulations in order to provide for-

(a) the form in which annual returns are to be submitted; (b) the particulars to be contained in the annual returns; and (c) the directions to be complied with in the preparation of the

annual returns.

(20) The regulations under subsection (19) may also provide that a firm which fails without reasonable excuse, to comply with any prescribed requirement of the regulations, commits an offence and is liable on summary conviction to a fine of fifty thousand dollars.

13. (1) In relation to attorneys-at-law entitled to practise law within, or in the case of a qualified firm, outside the Islands, a firm shall on its website or on any publication purporting to advertise its services indicate-

Publications relating to firms

31


(a) the names of all attorneys-at-law; (b) the date on which they were first admitted to practise law and

name of the employer at the time; and (c) the qualifications upon which admission to practice law were

based.

(2) Where a firm contravenes this section the sole practitioner, partners, directors or shareholders of the firm are liable to disciplinary action under Part 6.

14. (1) Subject to subsection (2), an attorney-at-law shall be entitled to sue for and recover his fees and costs in respect of services rendered as an attorney-at-law.

Right to sue for fees and costs

(2) An attorney-at-law is only entitled to sue in accordance with subsection (1) for services rendered during any period when he was the holder of a valid practising certificate.

15. (1) A person who is not an attorney-at-law and who directly or indirectly, engages in the practise of the law of the Islands within or outside the Islands commits an offence.

Unlawful practise of law

(2) A person who employs or aids and abets another person who is not an attorney-at-law to directly or indirectly engage in the practice of the law of the Islands commits an offence.

(3) A person who commits an offence under subsection (1) is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of two years or to both.

16. (1) Every firm which employs six or more attorneys-at-law, including the partners, directors or shareholders of the firm, shall pay to the Clerk of the Court the annual operational licence fee specified in Schedule 3.

Operational licence fee

(2) A firm shall, at the time of paying the operational licence fee, file with the Clerk of the Court in the prescribed form a certificate confirming whether or not it possesses qualified firm status.

(3) The Clerk of the Court shall issue to each firm to which this section applies, on payment of the annual operational licence fee, an annual operational licence in the form prescribed in Schedule 4.

(4) Where a firm engages or attempts to engage in the practice of law without being in possession of a current operational licence issued under

32


subsection (2) the partners, directors or shareholders in such firm are liable to disciplinary action under Part 6.

(5) Where a firm which is a recognised corporate body to which this section applies carries on business or attempts to carry on business as a recognised corporate body without being in possession of a current operational licence issued under subsection (2), that recognised corporate body is liable to suspension and revocation of recognition as specified under regulation 11 of the Legal Practitioners (Incorporated Practice) Regulations (2006 Revision).

(2006 Revision)

(6) For the purposes of this section, any attorney-at-law employed by an affiliate of a qualified firm shall be considered to be employed by the qualified firm.

17. (1) An application by an attorney-at-law to procure the removal of his name from the Court Roll shall be made in a summary manner to the Court, which shall make such order as it thinks fit.

Removal of name from the Court Roll

(2) Rules of court may prescribe the form and manner of any application made under subsection (1).

(3) An attorney-at-law who retires from the practise of law and who wishes for his name to remain on the Court Roll shall, by notice in writing, so inform the Clerk of the Court.

(4) Where an attorney-at-law to whom subsection (3) does not apply has failed to pay the annual fee by 30th June in any year, the Clerk of the Court shall send a notice of final warning addressed to the attorney-at-law at his address on the Court Roll setting out that if the fee and the applicable late fee are not paid before the end of the period of fourteen days beginning with the day on which the notice was issued, his name shall be removed from the Court Roll; and if no payment is so made, the Clerk of the Court shall remove the name of the attorney-at-law from the Court Roll by 30th September of the same year.

(5) A qualified firm shall send written notice to the Clerk of the Court of any attorney-at-law, not being a Caymanian, who has ceased to be employed by that qualified firm or in any of its affiliates outside of the Islands and upon receipt of such notice, the Clerk of the Court shall remove the name of such attorney-at-law from the Court Roll.

(6) Where the Clerk of the Court removes the name of an attorney-at-law from the Court Roll he shall publish a notice in the Gazette of that fact.

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(7) An attorney-at-law whose name is removed from the Court Roll under subsection (4) may apply under section 40 for the restoration of his name.

18. (1) A covenant or obligation entered into by an attorney-at-law restricting his practice of law shall not be valid or enforceable if it is in excess of a period of six months.

Covenant or obligation restricting practice

(2) A covenant or obligation which is in excess of six months at the date of this Law shall be construed as if entered into for a six month period from the date of commencement of the covenant or obligation.

(3) This section does not affect the enforceability of any covenant and obligation entered into with respect to retirement payments or the sale of goodwill in a firm.

19. (1) Nothing in this Law- The Attorney General and Director of Public Prosecutions- savings (a) prejudices or affects the rights, including the right in connection

with the duties of his office to act as an advocate, or privileges of the Attorney General or of any person holding public office in the Attorney General’s Chambers or of a person instructed by or on behalf of the Attorney General to appear for the Attorney General in any cause or matter and who possesses the prescribed qualification;

(b) prejudices or affects the rights, including the right in connection with the duties of his office to act as an advocate, or privileges of the Director of Public Prosecutions or of any person holding public office in the Office of the Director of Public Prosecutions or of a person instructed by or on behalf of the Director of Public Prosecutions to appear for the Director of Public Prosecutions in any cause or matter and who possesses the prescribed qualification; or

(c) affects any enactment empowering any person, whether or not an attorney-at-law, to conduct or otherwise act in relation to any legal proceeding.

(2) With the exception of section 36 and, subject to section 50, Part 6 does not apply to the Attorney General, Director of Public Prosecutions or to any government attorney-at-law.


20. (1) A Caymanian student or a student with a Residency and Employment Rights Certificate who wishes to be conferred with an Attorney-at-

Articles or continuing legal education

34


Law Certificate shall, subject to regulations made under section 26, successfully complete a prescribed programme of -

(a) service under articles; or (b) continuing legal education which includes procedural and

practical legal training at the Truman Bodden Law School or at any other recognised tertiary level institution.

(2) The programme referred to in subsection (1) shall not be recognised unless it is approved by the Council.

21. (1) An attorney-at-law who has been admitted as a legal practitioner in any country of the Commonwealth or any country approved under section 5(4)(c)(ii) for a period of at least seven continuous years (at least five of which have been as an attorney-at-law in the Islands) may take any person into his service as an articled clerk.

Articled clerks

(2) A firm or association may, with the written approval of the Attorney General and subject to subsection (3), take any person into its service as an articled clerk.

(3) An attorney-at-law, a firm or an association shall not take into his or its service as an articled clerk any person who does not possess the minimum qualifications prescribed under section 26(3)(h) for admission to service under articles.

(4) An attorney-at-law shall not, without the prior written approval of the Attorney General, have in his service more than two articled clerks at the same time.

(5) The Attorney General and, with the leave of the Attorney General, the Director of Public Prosecutions and the Clerk of the Court, may have, in their respective service, up to four articled clerks at the same time.

(6) An attorney-at-law, a firm or an association shall not take or retain in his or its service any other person as an articled clerk after he or it has ceased to practise as an attorney-at-law or has ceased operations as a firm or association.

(7) If any person takes or has in his service any articled clerk in contravention of subsection (1), (2) (3), (4) or (6), the Attorney General may, of his own motion, discharge the articles of that clerk upon such terms as the Attorney General thinks fit.

35


(8) Notwithstanding any other provision in this Law, the Attorney General may, where in his opinion any person in the legal or judicial departments of the public service is performing duties which are mainly legal in nature, certify that the period spent in performing such duties shall, for the purposes of this Law, be equivalent in all respects to a similar period spent in the service of an attorney-at-law under articles and such certificate shall take effect according to its tenor.

22. The Attorney General may, of his own motion, discharge an articled clerk on such terms as he thinks fit if-

Discharge of articles in certain circumstances

(a) the attorney-at-law to whom the articled clerk is articled is declared bankrupt or his name is struck off the Court Roll;

(b) the Attorney General is satisfied after investigation that the articled clerk is morally unfit to become an attorney-at-law; or

(c) upon the application of either the attorney-at-law or the articled clerk, the Attorney General is satisfied that the articles ought to be discharged.

23. (1) The Attorney General may, upon the application of any attorney-at-law and of any articled clerk and in any case in which he considers it proper so to do and subject to any conditions he may think fit to impose, approve the transfer of the articled clerk to the service under articles of such other attorney-at-law who is willing to take him.

Transfer of articles, etc

(2) Where an approval is given under subsection (1) the articled clerk shall be, for all purposes, the articled clerk of such other attorney-at-law and the written articles of clerkship under which he was serving immediately before such approval shall, subject to any modifications made therein by the Attorney General, continue to have effect as though such other attorney-at-law had originally been a party thereto.

24. (1) An attorney-at-law who, or a firm or association which, permits a person to serve as an articled clerk shall ensure that during the period of articled clerkship that person -

Obligations of attorney-at-law in relation to an articled clerk

(a) receives adequate legal training including training relating to professional responsibility, legal etiquette and conduct;

(b) is exposed to all major areas of the law including- (i) civil; (ii) criminal; (iii) constitutional; (iv) financial; (v) commercial; (vi) real estate; and

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(c) participates in courses, workshops or programmes that relate to the areas of law in which he is being trained.

(2) An attorney-at-law who, or a firm which, contravenes subsection (1) shall-

(a) lose his or its right to take any person into its service as an articled clerk for such period as the Attorney General thinks fit; and

(b) be prohibited from obtaining and renewing work permits for any employee for such period as may be determined by the Council.

(3) An association which contravenes subsection (1) shall lose its right to take any person into its service as an articled clerk for such period as the Attorney General thinks fit.

25. (1) Subject to regulations made under subsection (5), a firm shall- Firms to award legal profession scholarship

(a) at least once every three years, award a legal profession scholarship to a Caymanian student or a student with a Residency and Employment Rights Certificate who has been admitted to pursue, at the Truman Bodden Law School, or any other internationally accredited institution, qualifications leading towards the award of the Attorney-at-Law Certificate; and

(b) take into its service as an articled clerk that Caymanian student or student with a Residency and Employment Rights Certificate if he has successfully completed all courses required for attainment of his law degree and the qualifying examination qualification.

(2) The acceptance by a firm of a Caymanian student or student with a Residency and Employment Rights Certificate under subsection (1)(b) as an articled clerk shall not derogate from any other lawful requirement of a firm to take into its service any other articled clerk.

(3) A firm shall no later than 31st January of each year provide the Clerk of the Court with written evidence of compliance with this section.

(4) Where a firm contravenes this section-

(a) the partners, directors or shareholders of such firm are liable to disciplinary action under Part 6 and, until the Clerk of the Court has been provided with satisfactory evidence of compliance, the firm shall be prohibited from obtaining and renewing work permits for any employee; and

(b) the Clerk of the Court shall advise the Chief Immigration Officer and the Council as soon as possible after-

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(i) being informed of the contravention; and (ii) he has received evidence of compliance.

(5) The Governor in Cabinet, after consultation with the Council, may make regulations relating to-

(a) the eligibility requirements for the award of a scholarship; (b) the process for identifying and selecting a student to be the

beneficiary of a scholarship; (c) the time at which the scholarship is to be made available; (d) the duration of the scholarship; (e) the expenses and other matters to be covered by the scholarship; (f) the requirements to maintain eligibility for continued receipt of

the benefits awarded under the scholarship; (g) the conditions under which benefits arising from the scholarship

may be withdrawn or withheld; (h) the oversight mechanisms to ensure that the funding under the

scholarship is made available to the beneficiary student at all material times; and

(i) any other matter that would further the objectives of this section.

(6) This section does not apply to firms which consist of five or less attorneys-at-law.


26. (1) The Council shall make arrangements for the provision of- Regulations relating to legal education and qualification to practise law (a) a system of legal education and practical training leading to local

qualification for enrolment as an attorney-at-law or qualification for other professions connected with the practice of law; and

(b) a system of law reporting.

(2) No person may undertake the provision of any type of legal education or practical legal training including the training of paralegal assistants, legal secretaries or such other persons without the written authority of the Council.

(3) The Governor in Cabinet, after consultation with the Council, may make regulations relating to matters connected with the functions under subsection (1) and, in particular but without prejudice to the generality of the foregoing, such regulations may prescribe-

(a) local qualifications for enrolment as an attorney-at-law; (b) qualifications of persons who wish to provide legal education in

the Islands;

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(c) qualifications required for admission to legal education in the Islands;

(d) the examinations to be taken and fees to be paid by candidates for admission and enrolment for legal education and examination and different examinations may be prescribed in respect of persons who possess different qualifications or have followed different courses of study;

(e) in respect of any examinations, the papers which are to be set within the Islands, the syllabuses to be followed and, so far as may be practicable, in conjunction, if necessary, with any other educational authority, the courses of lectures to be given by suitably qualified lecturers in any subject included in any such examination;

(f) arrangements for the holding of such examinations (including the times and places thereof), the setting, correcting and marking of papers and, generally, for the conduct of the examinations by suitably qualified persons;

(g) the terms (including remuneration and conditions of service) on which articled clerks may be taken and retained by attorneys-at-law and the conduct, duties and responsibilities towards each other of the parties to articles, and any such regulations may make different provision in respect of different categories of persons;

(h) the minimum qualifications for admission to service under articles;

(i) the requirements for participation in a programme of continuing legal education and legal training; and

(j) such further and other provision as may appear necessary- (i) for the governance of service under articles; (ii) the conduct of continuing legal education and legal

training; (iii) the tuition of students and their examination, including

provision for the practical training; and (iv) the examination in the Islands of students or other persons.

27. The Governor in Cabinet, after consultation with the Council, shall make regulations for the better carrying out of this Law and without derogation from the generality of the foregoing, in particular for-

Further regulations

(a) revoking or amending Schedules 1, 2, 3, 4 or 5; (b) providing rules of procedure for the Council; and (c) prescribing the penalties which may be imposed for any breach

of any regulations made under this Law.

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Regulations to permit attorneys to form incorporated practices

28. The Governor in Cabinet, after consultation with the Council, may make regulations-

(a) providing for the management and control by attorneys-at-law of bodies corporate carrying on business as attorneys-at-law;

(b) prescribing the circumstances in which such bodies may be recognised by the Attorney General as being suitable bodies to undertake the provision of services as attorneys-at-law;

(c) prescribing the conditions which (subject to any exceptions provided by the regulations) shall, at all times, be satisfied by bodies corporate so recognised if they are to remain so recognised;

(d) regulating the conduct of the affairs of recognised corporate bodies and the names that such bodies may use;

(e) for the suspension or revocation of the recognition of any recognised corporate body granted under this section; and

(f) to provide for any enactment or instrument passed or made before the 25 November, 1996 and having effect in relation to attorneys-at-law and recognised bodies with such additions, omissions or other modifications as appear to the Governor in Cabinet to be necessary or expedient.

29. (1) A body corporate shall not describe itself as a body corporate unless it is so recognised by regulations made under section 28.

Penalty for pretending to be a recognised corporate body

(2) A body corporate which contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of ten thousand dollars.

(3) Where an offence under subsection (1), which has been committed by a body corporate, is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any partner, director, shareholder, manager, secretary or other similar officer of the body corporate or any person purporting to act in any such capacity, he, as well as the body corporate, commits an offence and is liable on summary conviction to a fine of five thousand dollars.


30. (1) The Governor in Cabinet, after consultation with the Council, shall, by regulations, provide a Code of Professional Conduct which regulates the professional conduct, practise, etiquette and discipline of an attorney-at-law.

Code of Professional Conduct

(2) Every attorney-at-law shall observe and comply with the Code and an attorney-at-law, other than the Attorney General, the Director of Public

40


Prosecutions and a government attorney-at-law, who contravenes any of the rules of the Code is liable to be disciplined under Part 6.

(3) A government attorney-at-law who fails to comply with the Code is liable to be disciplined in accordance with section 50 or in accordance with any other law governing the conduct of public officers.

(4) Where an attorney-at-law commits a criminal offence such commission shall constitute misconduct.

(5) Where no provision is made by the Code in respect of any matter, the rules and practice of the legal profession which, before the commencement of this Law governed that particular matter, shall apply in so far as is practicable.

(6) Where in any particular matter explicit ethical guidance does not exist, an attorney-at-law shall determine his conduct by acting in a manner that promotes public confidence in the integrity and efficiency of the legal system and the legal profession.

31. Regulations under section 30 may prescribe, among other things, acceptable conduct of an attorney-at-law -

Regulations dealing with Code of Professional Conduct

(a) in relation to the profession; (b) in relation to clients; (c) in relation to client accounts; (d) in relation to the court and the administration of justice; and (e) in relation fellow attorneys-at-law.

32. (1) Every firm shall, on or by 31st January in each year, file with the Monetary Authority a certificate in a form prescribed by the Governor in Cabinet setting out that, to the best of its knowledge and belief, it has complied and is continuing to comply with the requirements of the Proceeds of Crime Law, 2008 and any applicable regulations made thereunder, or, to the extent that it has not done so, disclosing the nature and extent of its non-compliance.

Proceeds of Crime Law compliance certificate

(2) A firm which fails or refuses to file a certificate under subsection (1) commits an offence and each partner, director or shareholder of the firm is jointly or severally liable, on summary conviction, to a fine of twenty thousand dollars.

(3) A firm which files a certificate under subsection (1) knowing it to be false commits an offence and the partners, directors or shareholders of the firm are liable, on summary conviction, to a fine of five hundred thousand dollars.

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33. (1) A person may file a complaint against an attorney-at-law, other than the Attorney General, the Director of Public Prosecutions or a government attorney-at-law, with the Council.

Filing of complaints

(2) The Council shall hear and determine complaints against attorneys-at-law that are made by the complainant or referred to it by the Clerk of the Court.

(3) A complaint against an attorney-at-law shall be made to the Council within ten years of the date of the alleged act or omission.

(4) If an attorney-at-law is convicted of an offence punishable by a term of imprisonment, the Clerk of the Court shall refer the matter to the Council and inform the Attorney General, the Director of Public Prosecutions and the complainant that he has done so.

34. The Rules in relation to complaints contained in Schedule 6 shall have effect in relation to the Council until rules are made under paragraph 15(1) of Schedule 5 and the Rules in Schedule 6 may be amended or revoked by the Council.

Rules in relation to complaints

35. (1) The Council shall investigate complaints in accordance with this Law and the Rules and where the Council has completed its investigation it shall either dismiss a complaint or impose disciplinary sanctions against the attorney-at-law who is the subject of the complaint.

Investigation of complaints

(2) Where it appears to the Council when investigating a complaint that there is prima facie evidence that the attorney-at-law against whom the complaint is made has committed a criminal offence the Council shall also refer the matter to the Commissioner of Police.

(3) Where a complaint is dismissed the Council shall give written reasons for doing so to the complainant and to the attorney-at-law.

(4) The Council, where it is of the opinion that the conduct of an attorney-at-law prima facie constitutes misconduct and no such complaint has been made by any person, may, on its own motion, take disciplinary action against the attorney-at-law.

(5) For the purposes of this section “Rules” means rules made pursuant to section 34.

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36. (1) A person who has a complaint against a government attorney-at-law may file such complaint with the Clerk of the Court; and the Clerk of the Court shall submit such complaint to the Chief Justice for such action as the Chief Justice considers appropriate in accordance with section 50.

Complaints against government attorneys-at-law

(2) A person who has a complaint against the Attorney General or the Director of Public Prosecutions may file such complaint with the Judicial and Legal Services Commission.

(3) As soon as possible after the Clerk of the Court has submitted a complaint to the Chief Justice pursuant to subsection (1) he shall cause a copy thereof to be sent to the Attorney General for his information only.

37. (1) If the Council is satisfied that the attorney-at-law against whom a complaint is made-

Disciplinary sanctions

(a) is guilty of misconduct in his professional capacity; (b) has behaved in a manner tending to bring the legal profession

into disrepute; or (c) has been convicted of an offence punishable by a term of

imprisonment or an offence involving moral turpitude,

it may impose a disciplinary sanction in accordance with subsection (2).

(2) The Council may impose any one or more of the following disciplinary sanctions-

(a) subject to section 38, order that the attorney-at-law’s name be struck off the Court Roll;

(b) order that the attorney-at-law’s practising certificate be qualified to the effect that he shall not be entitled to appear as an advocate before all or any courts or tribunals in the Islands or to practise in specific areas of law either permanently or for a specified period;

(c) order that the attorney-at-law be suspended from practise as an attorney-at-law for a specified period, not exceeding five years;

(d) order the attorney-at-law to pay a fine of fifty thousand dollars; (e) where the attorney-at-law practises in other jurisdictions or is

temporarily admitted, report his conduct to any other professional association or authority having jurisdiction over him in those jurisdictions;

(f) reprimand the attorney-at-law; (g) advise the attorney-at-law as to his future conduct; or (h) take no action.

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(3) The Council may also order the attorney-at-law to pay the costs of the complainant and such costs shall be taxed in accordance with the Rules of the Grand Court.

38. The Council shall not order that an attorney-at-law’s name be struck off the Court Roll unless it is satisfied that he is not a fit and proper person to practise as an attorney-at-law.

Making of order for striking off Court Roll or for suspension from practice

39. (1) The Council may- Interim suspension from practice

(a) make an interim order that an attorney-at-law be suspended from practice until the complaint has been heard and determined; or

(b) make an interim order that a trust fund or funds shall, until a complaint has been heard or determined, be operated by an accountant or a bank if the complaint contains an allegation of misuse of trust funds.

(2) The attorney-at-law shall be given fourteen days’ notice of an intention to make an interim order under subsection (1) and shall have the right to appear before the Council and contest an interim order.

40. (1) An attorney-at-law whose name has been removed from the Court Roll under section 17 or struck off the Court Roll or who has been suspended from practice may at any time apply to the Council for the restoration of his name or for the termination of his suspension.

Restoration of name to Court Roll

(2) On hearing the application, the Council, if satisfied that the applicant is a fit and proper person to practise as an attorney-at-law, may-

(a) order that the attorney-at-law’s name be restored to the Court Roll subject to such conditions, if any, as the Council thinks fit; or

(b) order the termination, with effect from the date specified in the order, of the attorney-at-law’s suspension from practice.

(3) Where the Council orders under subsection (2) the restoration of an attorney-at-law’s name to the Court Roll or the termination of his suspension from practice, the Clerk of the Court shall cause a note of the effect of the order to be entered in the Court Roll and a notice thereof to be published in the Gazette.

(4) The fee to be paid by an attorney-at-law for the restoration of his name to the Court Roll is three thousand dollars.

(5) The Governor in Cabinet may, by order, change the fee specified in subsection (4).

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(6) Upon the publication in the Gazette of an order made under subsection (2) and on the payment of any fee specified under subsection (4), the Clerk of the Court shall restore the name of the attorney-at-law to the Court Roll.

41. (1) Where, the Council orders that an attorney-at-law’s name be struck off or restored to the Court Roll, or that an attorney-at-law be suspended from practice otherwise than by an interim order made under section 39, the order shall be filed in the Court Office.

Order for striking off, restoration or suspension from practice to be filed in Court

(2) Subject to subsection (3), an order of the Council shall take effect and be enforceable as if it were an order of the Court.

(3) Where it is ordered that an attorney-at-law’s name be struck off the Court Roll or that he be suspended from practice, the order shall not take effect until the expiry of the time allowed for appeal under section 42, or, if an appeal is commenced, unless and until the appeal is dismissed.

(4) An order against an attorney-at-law which is filed in the Court Office under subsection (1) may be inspected by any person during office hours of the Court Office without payment of a fee.

42. (1) An attorney-at-law may appeal as of right to the Court of Appeal against any order or decision of the Council made under section 37(2)(a), (b) (c), (d) or (e) or section 39(1) in relation to him; and no appeal shall lie in respect of any other order or decision of the Council without the leave of the Court of Appeal.

Appeal from decision of the Council

(2) Every such appeal shall be by way of a new hearing and shall be made within such time and in such form as may be prescribed by Rules of the Court of Appeal.

(3) On hearing any such appeal, the Court of Appeal may confirm, reverse, or modify the order or the decision appealed against.

43. An order that an attorney-at-law be suspended from practice or struck off the Court Roll shall, when such order becomes effective pursuant to section 36(3), be published in the Gazette by notice of the Clerk of the Court.

Notice of order for striking off, restoration or suspension to be published in Gazette

44. The Council shall not impose any sanction upon an attorney-at-law unless he has been given a reasonable opportunity to be heard, either in person or by an attorney-at-law retained to represent him.

Right of person charged to be heard.

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Evidence 45. The Council shall have the same powers as the Court to issue a subpoena requiring any person to attend and give evidence and to produce relevant documents in his possession, custody or power.

46. Any document purporting to be an order of the Council and to be signed on its behalf by the Chairman of the Council shall, in the absence of proof to the contrary, be taken to be an order of the Council duly made, without proof of its making, or proof of signature, or proof that the person signing the order was in fact entitled to sign the order.

Form and proof of order of Council

47. When the Council makes an order imposing a fine or providing for the payment of costs under this Part, such fine or payment shall take effect as if it were a debt owing to the Crown.

Enforcement of order of Council

48. (1) In any proceedings before it under this Part, including any appeal, the Council or the Court of Appeal may, if in its opinion it is proper to do so having regard to the interests of any person and to the public interest, make an order prohibiting the publication of the name of any attorney-at-law or of any complainant involved in the proceedings or of any particulars of the said proceedings.

Power of Council or Court of Appeal to prohibit publication of person’s name or affairs

(2) Any breach or any attempted breach of an order under subsection (1), or any evasion or attempted evasion of it, may be dealt with as a contempt of court.

(3) This section shall not apply to the publication in the Gazette pursuant to section 38 of a notice of an order for the striking off or restoration to the roll of an attorney-at-law’s name, or of an order for his suspension from practice.

49. (1) Where an attorney-at-law is suspended from practice or his name is struck off the Court Roll, the Council may serve on him or on any of the firm or employee of the firm with which he practises, or on any person conducting his practice, a notice signed by two members of the Council requiring the person on whom the notice is served to supply to the Council, in so far as it is practicable to do so-

Trusteeships held by attorney-at-law suspended or struck off

(a) a list of all wills in which the attorney-at-law is appointed as a trustee, and the names and addresses of the testators;

(b) a list of all other trusteeships that are held by the attorney-at-law under any trust or are to be held by him on the occurrence of any event;

(c) where the attorney-at-law is a sole practitioner, details of all client funds held by him; and

46


(d) such other particulars as may be necessary to enable the Council to exercise its powers under subsection (2).

(2) Notwithstanding anything in this Law, on receipt of any list or details referred to in subsection (1) the Council may notify-

(a) the testator under any will; (b) the other trustee or trustees under any such trust; or (c) any person having power to appoint or remove the trustees,

that the attorney-at-law has been suspended from practice or that his name has been struck off the Court Roll.

(3) In this section the term “trust” means a trust of any kind and includes the duties incidental to the office of a personal representative, and “trustee” and “trusteeship” have corresponding meanings.

(4) A person who without lawful justification or excuse fails to comply with any requirement of the Council in any notice given under subsection (1) commits an offence against this Law and is liable-

(a) on summary conviction to a fine of twenty thousand dollars, to imprisonment for two years or to both; or

(b) on conviction on indictment to a fine of fifty thousand dollars, to imprisonment for five years or to both.

50. (1) The Chief Justice has the power to take disciplinary action against a government attorney-at-law in accordance with rules of court made under this section with respect to professional misconduct and the Chief Justice may make any of the following orders-

Disciplinary proceedings against government attorneys-at-law by the Chief Justice

(a) subject to subsection (2), an order removing from the Court Roll the name of the attorney-at-law against whom disciplinary proceedings have been instituted;

(b) an order suspending the attorney-at-law from practice for such time as he deems fit;

(c) such order as to costs, as regards both the proceedings before it as he deems fit; or

(d) such further or other order as the circumstances of the case may require.

(2) The Chief Justice shall not order that a government attorney-at-law’s name be struck off the Court Roll unless he is satisfied that he is not a fit and proper person to practise as an attorney-at-law.

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(3) The Chief Justice, after consulting with the Attorney General, may make rules providing for the conduct of inquiries, investigations and hearings relating to disciplinary action against government attorneys-at-law.

(4) A government attorney-at-law whose professional conduct is the subject of any disciplinary proceedings before the Chief Justice is entitled as of right to appeal to the Court of Appeal from any decision or other determination of the Chief Justice under subsection (1)(a) or (b); and no appeal shall lie in respect of any other order or decision of the Chief Justice without the leave of the Court of Appeal.

(5) The Chief Justice shall not impose any sanction upon a government attorney-at-law unless the attorney-at-law has been given a reasonable opportunity to be heard, either in person or by an attorney-at-law.

(6) The provisions of sections 40, 41, 42, 43 and 48 shall apply to the discipline of government attorneys-at-law, with necessary changes, including the following -

(a) “government attorney-at-law” shall be substituted for “attorney-at-law” and “Chief Justice” shall be substituted for “Council”;

(b) section 40(4) and (5) shall not apply; and (c) section 41(1) and (2) shall not apply.

51. (1) An attorney-at-law admitted to practice in the Islands, upon being struck off the Roll or its equivalent by a court or other relevant body of any other jurisdiction, shall no later than thirty days after he has been struck off the Roll inform the Clerk of the Court of such action.

Discipline imposed by other courts

(2) For the purposes of subsection (1), a failure to pay fees due to a foreign professional or regulatory body shall not be considered to be misconduct.

(3) A partner, director or shareholder of a firm, who becomes aware that an attorney-at-law of the firm has been struck off or disqualified from practising as an attorney-at-law by a court or other relevant body in any other jurisdiction on the ground that he has been found guilty of professional misconduct, shall report this fact to the Clerk of the Court as soon as practicable after he becomes so aware.

(4) Where the Clerk of the Court verifies that an attorney-at-law has been struck off or disqualified from practising in another jurisdiction and he obtains a certified copy of a judgment or order relating to that matter, the Court shall forthwith issue a notice directed to the attorney-at-law containing-

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(a) a copy of the judgment or order from the other court or other body; and

(b) an order to show cause directing that the attorney-at-law inform the court, within thirty days after service of that order upon the attorney-at-law, of any claim by the attorney-at-law predicated upon the grounds set forth in subsection (5) that the imposition of the identical discipline by the Court would be unwarranted and the reasons for such claim.

(5) Upon the expiration of thirty days from service of the notice issued pursuant to subsection (4), the Clerk of Court shall strike the attorney-at-law off the Court Roll unless the attorney-at-law demonstrates, or the Court finds, that upon the face of the record upon which the discipline in another jurisdiction is based it clearly appears-

(a) that the procedure in the other jurisdiction was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process;

(b) that there was such a deficiency of proof establishing the misconduct as to give rise to the conclusion that the Court could not, consistent with its duty, accept as final, the conclusion on that subject;

(c) that the imposition of the same discipline by the Court would result in grave injustice; or

(d) that the misconduct established is deemed by the Court to warrant substantially different discipline,

and where the Court determines that any of the above elements exist, it shall enter such other order as it deems appropriate.

(6) In all other respects, a final adjudication in another court or other relevant body that an attorney-at-law has been guilty of misconduct and should be struck off the Court Roll or its equivalent shall be prima facie evidence of that misconduct for purposes of a disciplinary proceeding in the Court.

(7) An attorney-at-law who fails or refuses to comply with subsection (1) commits an offence and is liable on conviction on indictment to a fine of twenty thousand dollars.

(8) A partner, director or shareholder of a firm who fails or refuses to inform the Clerk of the Court in accordance with subsection (3) commits an act of professional misconduct and is liable to be disciplined in accordance with this Part.

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Attorneys-at-law struck off the Roll on consent or resignation in other courts

52. (1) An attorney-at-law, upon being struck off the Court Roll or its equivalent by consent or resignation from the bar of any other jurisdiction while an investigation into allegations of misconduct is pending, shall promptly inform the Clerk of the Court of such disbarment.

(2) A partner, director or shareholder of a firm who becomes aware that an attorney-at-law of the firm has been struck off a Court Roll or its equivalent by consent or has resigned from the bar of any other jurisdiction while an investigation into allegations of misconduct is pending shall report this fact to the Clerk of the Court as soon as practicable after he becomes so aware.

(3) Where the Clerk of the Court verifies that an attorney-at-law has been struck off a Court Roll or its equivalent by consent or has resigned from the bar of any other jurisdiction while an investigation into allegations of misconduct is pending and he obtains a certified copy of a judgment or order relating to that matter, the attorney-at-law shall, cease to be permitted to practise as an attorney-at-law and shall be struck off the Court Roll.

(4) An attorney-at-law who fails or refuses to comply with subsection (1) commits an offence and is liable on conviction on indictment to a fine of twenty thousand dollars.

(5) A partner, director or shareholder of a firm who fails or refuses to inform the Clerk of the Court in accordance with subsection (2) commits an act of professional misconduct and is liable to be disciplined in accordance with this Part.

53. The Governor in Cabinet may make regulations in relation to the functions and powers of the Council and generally for the better carrying out matters relating to the discipline of attorneys-at-law.

Council regulations


54. (1) A person who discloses to any member of the Council, an officer of the court, any law enforcement authority or any other person information concerning contravention of this Law shall not be subject to any civil or criminal liability or any liability arising by way of administrative process, including disciplinary action, for making the disclosure.

Protection for disclosing contravention of the Law

(2) Except as provided in this section, no complaint as to an offence under this Law shall be admitted in evidence in any civil or criminal proceeding and no witness shall be obliged or permitted to disclose the name or address of any

50


person who discloses any information pursuant to this section or state any matter which might lead to his discovery.

(3) A person who makes a disclosure does not by doing so-

(a) commit an offence under any law that imposes a duty to maintain confidentiality in relation to a matter or any other restriction on the disclosure of information; or

(b) breach an obligation by way of oath, rule of law, practice or under an agreement requiring the person to maintain confidentiality or otherwise restricting the disclosure of information in relation to a matter.

(4) Where any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding contain an entry in which a person who discloses information is named or described or which might lead to his discovery, the court before which the proceeding is held shall cause all such entries to be concealed from view or to be redacted so far as is necessary to protect that person from discovery.

(5) Where, in any proceeding relating to an offence under this Law, the Court, after full inquiry into the case-

(a) is of the opinion that the person who disclosed the information wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true; or

(b) is of the opinion that justice cannot be fully done between the parties thereto without the discovery of the person who disclosed the information,

the Court may require the production of the original disclosed information, if provided in writing, and permit inquiry and require full disclosure concerning the person who disclosed the information.

55. (1) A person shall not cause, or attempt or conspire to cause detriment to another person if he believes that the other person or someone acting on his behalf -

Action to cause detriment

(a) made, or intends to make a disclosure in relation to a contravention of this Law; or

(b) has been, or intends to be involved in proceedings arising under this Law or any other law.

(2) A person who contravenes this section commits an offence and is liable on summary conviction to a fine of fifty thousand dollars or to imprisonment for a term of three years or to both.

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(3) A person who contravenes this section shall be subject to the relevant penalties under the Immigration Law (2011 Revision) and regulations made thereunder if his actions are in contravention of the Law and regulations as they relate to work permit, training, promotion, re-designation and recruitment issues.

(2011 Revision)

56. (1) Any action that seeks to cause a detriment to a person who makes a disclosure under section 54 constitutes a tort and a person who initiates or causes to initiate such action is liable in damages to the affected person.

Damages for detrimental action

(2) Any remedy that may be granted by a court for a tort, including exemplary damages, may be granted by a court for the taking of detrimental action.

(3) The right of a person to bring proceedings for damages under this section does not affect any other right or remedy available to the person arising from the detrimental action.

57. A person who- False or misleading disclosure

(a) makes a disclosure under section 54 intending that it be acted on; and

(b) in the disclosure, or in the course of inquiries it is discovered that he intentionally gave information that is false or misleading in a material particular,

commits an offence and is liable on summary conviction to a fine of fifty thousand dollars or to imprisonment for a term of two years or to both.

58. An information in respect of any offence against this Law may be laid at any time within ten years after the date on which the offence was committed.

Information in respect of any offence

59. Notwithstanding anything in this Law, the jurisdiction, power or authority vested in any court immediately before the commencement of this Law by the common law to deal with contempt of court committed by attorneys-at-law shall continue to be exercisable after such commencement in relation to attorneys-at-law.

Saving of jurisdiction of court

60. (1) Every firm shall, by 31st December in each year, deliver by post or otherwise to the Clerk of the Court a signed annual compliance report stipulating that it has complied with the provisions of this Law and the regulations made under subsection (4).

Annual compliance report

(2) Where a firm fails to comply with the provisions of this section or any requirements relating to compliance which may be prescribed, the partners,

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directors or shareholders in such firm shall be liable to disciplinary action under Part 6.

(3) Where a recognised corporate body to which this section applies fails to comply with the provisions of this section or any requirements relating to compliance that recognised corporate body is liable to suspension and revocation of recognition as specified under regulation 11 of the Legal Practitioners (Incorporated Practice) Regulations (2006 Revision).

(2006 Revision)

(4) The Governor in Cabinet, after consultation with the Council, may make regulations dealing with the details in relation to the submission of an annual compliance report and in particular such regulations may prescribe-

(a) the form and content of an annual compliance report; (b) the accounting details to be included in the report; (c) the duties of a firm in relation to the submission of the report; (d) the signatories to the report; (e) auditing requirements in relation to the report; (f) compliance periods; and (g) penalties for failure to comply with the regulations.

61. Subject to this Law, any person who commits an offence against this Law and who is convicted of such offence is liable, if the offence is a continuing one, to a further fine of one thousand dollars for every day on which the offence has continued after the person has been convicted of the offence.

Continuing offences

62. The Legal Practitioners Law (2012 Revision) is repealed. Repeal

(2012 Revision)

63. (1) An annual practising certificate or an operational licence issued under the Legal Practitioners Law (2012 Revision) and which is current and valid on the date the commencement of this Law shall continue to remain in full force and effect until the expiration date set out in the certificate or licence.

Savings and transitional provisions

(2012 Revision)

(2) Any government attorney-at-law at the date of the commencement of this Law shall be considered to have been admitted to practice under this Law and the name and particulars of the attorney-at-law shall be entered in the Court Roll by the Clerk of the Court as soon as possible after the commencement of this Law.

(3) Section 9(2) shall not apply-

(a) for a period of one hundred and eighty days from the date of commencement of this Law, to a person who, immediately prior to the commencement of this Law, was a partner, director, shareholder, associate or an employee of a qualified firm and

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who fulfils the requirements of section 5(4)(b) or is qualified in a jurisdiction that has been recognised by a judge for the purposes of section 5(4)(c); or

(b) for a period of thirty days from the date of commencement of this Law, to a person who, immediately prior to the commencement of this Law, was a partner, director, shareholder, associate or an employee of a qualified firm and who is admitted as an attorney-at-law but does not hold a valid practising certificate.

(4) A person who immediately before the commencement of this Law was employed by a qualified firm as a non-practising attorney-at-law for a continuous period of four months or more and who applies for admission under section 5 is exempt from the provisions of section 5(4)(d).

(5) References to an attorney-at-law admitted to practice under the Legal Practitioners Law (2012 Revision) in any enactment, instrument or other document passed or made before the repeal of that Law shall be construed as references to an attorney-at-law admitted to practice under this Law.

(2012 Revision)

(6) All proceedings in respect of complaints made pursuant to, or of offences committed or alleged to have been committed against the Legal Practitioners Law (2012 Revision) may be commenced or continued as if this Law had not come into force.

(2012 Revision)

(7) Where, apart from this section, anything done under or for the purposes of the Legal Practitioners Law (2012 Revision) would cease to have effect by virtue of the repeal of that Law it shall have effect as if it had been done under and for the purposes of the corresponding provisions of this Law.

(2012 Revision)

(8) Until regulations are made under this Law to provide for a matter that may be prescribed by regulations, the regulations made under the Legal Practitioners Law (2012 Revision) that are in force on the date of the commencement of this Law shall have effect until expressly repealed by this Law or by regulations made under this Law.

(2012 Revision)

64. Regulations made under this Law are subject to the affirmative resolution of the Legislative Assembly.

Regulations- affirmative resolution

Sections 8(1) , 12(2)(c) and 12(8)

SCHEDULE 1

ADMISSION FEES

1. General Admission Two thousand dollars

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2. Temporary Admission Two thousand dollars

ANNUAL FEE FOR PRACTISING CERTIFICATE

Annual fee for each attorney-at-law practising in the Islands, two thousand dollars payable on or before 2nd January in each year.

Annual fee for each attorney-at-law practising outside of the Islands-

(a) nine thousand five hundred dollars; and (b) the relevant work permit fee prescribed under the Immigration

Regulations (2010 Revision),

payable on or before 2nd January in each year.

Late fee for a practising certificate is a surcharge not exceeding one-twelfth of the annual fee for every month or part of a month that the annual fee remains unpaid.

Late fee for a practising certificate for each attorney-at-law practising outside the Islands is a surcharge of one hundred and twenty percent of the annual fee for every month or part of a month that the annual fee remains unpaid.

SCHEDULE 2 Sections 9(1) , 12(2) and 12(6)

FORM 1

GRAND COURT OF THE CAYMAN ISLANDS

THE LEGAL PRACTITIONERS LAW, 2012

CERTIFICATE OF ENROLMENT

It is hereby certified that ……………………………………… is registered on the Court Roll under section 9 of the Legal Practitioners Law, 2012, his name having been entered on the Roll.

Dated this day of , 20_____.

_______________________________

CLERK OF THE COURT

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FORM 2


THE LEGAL PRACTITIONERS LAW, 2012

PRACTISING CERTIFICATE

It is hereby certified that……………………………….. having complied with section 12 of the Legal Practitioners Law, 2012 is entitled to practise generally as an attorney-at-law in the Islands until the thirty-first day of December [year] _______, upon the terms and subject to the conditions set out in the said Law.

Dated this day of 20

_______________________________

CLERK OF THE COURT

FORM 3

THE LEGAL PRACTITIONERS LAW, 20_____

CERTIFICATE OF GOVERNMENT ATTORNEY-AT-LAW

It is hereby certified that ........................................ is a government attorney-at-law holding the office of .......................................... in the public service and appointed by the ……………………… [the appropriate authority.

Dated this day of 20

_______________________________

ATTORNEY GENERAL

SCHEDULE 3 Section 16(1)

OPERATIONAL LICENCE FEES

Firm

A firm employing 1–5 attorneys-at-law Exempt A firm employing 6-10 attorneys-at-law $20,000 A firm employing 11-15 attorneys-at-law $40,000

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A firm employing 16 – 20 attorneys-at-law $60,000 A firm employing 21 – 25 attorneys-at-law $200,000 A firm employing 26 – 30 attorneys-at-law $250,000 A firm employing 31 – 40 attorneys-at-law $300,000 A firm employing 41 – 50 attorneys-at-law $350,000 A firm employing 51 or more attorneys-at-law $400,000



LEGAL PRACTITIONERS LAW, 2012

OPERATIONAL LICENCE

The firm (name of firm) having complied with section 16(1) of the Legal Practitioners Law, 2012 is entitled to carry on business in the Islands as a firm until the thirty-first day of December, [year], upon the terms and subject to the conditions set forth in the said Law.

Dated this day of

___________________________ CLERK OF THE COURT

SCHEDULE 5 Sections 3(2) and 34

THE CAYMAN ISLANDS BAR COUNCIL

Constitution of the Cayman Islands Bar Council

1. The Council shall consist of the following members-

(a) the Chief Justice or his appointee as chairman; (b) the Attorney General or his appointee as a deputy chairman; (c) the Director of Public Prosecutions or his appointee; (d) a person appointed by the Chief Justice; (e) a person appointed by the Attorney General; (f) a person appointed by the Cabinet; and (g) the Director of the Truman Bodden Law School or his appointee.

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Appointment

2. (1) An appointment under paragraph 1 shall be by instrument in writing made by the relevant appointor and a copy of each instrument shall be filed with the Clerk of the Court.

(2) At least four of the members appointed including the chairman and deputy chairman shall be attorneys-at-law of not less than fifteen years call to the Bar and shall have been practising in the Islands, prior to appointment, for a continuous period of three years or more.

(3) A person who is not an attorney-at-law may be eligible for appointment if, in the opinion of his appointor, he has demonstrated a wide knowledge of-

(a) legal, financial, accounting or arbitration principles; and (b) the issues that affect the legal profession and the practise of law

within the Cayman Islands.

(4) Subject to paragraphs 3 and 4-

(a) the Chief Justice; (b) the Attorney General; and (c) the Director of Public Prosecutions,

shall stipulate the terms and conditions of appointment to the Council in relation to all members.

Tenure of office

3. The appointed members shall hold office for a period of five years subject to the provisions of this Schedule.

Re-appointment

4. The appointed members shall be eligible for re-appointment for an additional three years.

Acting appointments

5. (1) If any member of the Council is absent or unable to act, the chairman may appoint any person to act in the place of that member and his appointment shall be made in the same manner as would be required in the case of an original appointment.

(2) An acting member appointed under this paragraph has the powers, duties and entitlements of a member.

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Resignation

6. An appointed member may at any time resign his office by letter addressed to the chairman and from the date of receipt by the chairman of such letter, that person shall cease to be a member of the Council.

Revocation of appointment

7. An appointor, after consultation with other members of the Council, may revoke the membership of an appointed person.

Filling of vacancies

8. If any vacancy occurs in the membership of the Council that vacancy shall be filled by the appointment of another member in the same manner as would be required in the case of an original appointment.

9. Where the chairman of the Council is satisfied that-

(a) a member of the Council is absent or is temporarily incapable of performing the duties of a member; or

(b) the office of a member is vacant,

he shall inform the Clerk of the Court.

Gazetting of membership

10. The Clerk of the Court shall cause the names of all members of the Council as first constituted and every subsequent change to the membership to be published in the Gazette.

Appointed members are not public officers

11. The office of an appointed member shall be a public office.

Clerk of the Court

12. The Chief Justice may assign to the Clerk of the Court such duties as he thinks necessary for the proper carrying out of the functions of the Council.

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Seal and execution of documents

13. (1) The seal of the Council shall be authenticated by the chairman and one other member of the Council authorised to act in that behalf and shall be judicially noticed.

(2) The Council may, by resolution, appoint an officer of the Council either generally or in a particular case to execute or sign on behalf of the Council any agreement or other instrument not under seal in relation to any matter coming within the powers of the Council.

Proceedings and meetings

14. (1) The Council shall meet at such times as may be necessary for the carrying out of its functions.

(2) Meetings of the Council shall be held at any place or time and on day such days as the chairman determines.

(3) The chairman shall preside at all meetings of the Council at which he is present.

(4) In the case of the chairman’s absence the deputy chairman shall preside as chairman at all meetings.

(5) Where neither the chairman nor deputy chairman is present the members present and forming a quorum shall elect one of their number to preside as chairman at that meeting.

15. (1) Five members of the Council, including the chairman, shall form a quorum.

(2) The Council shall take all actions and reach its decisions by simple majority vote of its members.

(3) Where the Council comprises an equal number of members and there is an equality of votes the chairman shall have a second or casting vote.

(4) Minutes in proper form of each meeting of the Council shall be kept.

16. (1) Subject to this Law, the Council shall have power to make rules governing its own practice and procedure.

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(2) The validity of any proceedings of the Council shall not be affected by any vacancy amongst the members thereof or by any defect in the appointment of a member.

Immunity

17. Neither the Council nor any member of the Council shall be under any criminal or civil liability in respect of anything done or omitted to be done, or in respect of words spoken or written-

(a) at or for the purposes of any inquiry or the hearing of or otherwise dealing with any proceedings under this Law;

(b) in connection with any investigation of an attorney-at-law’s conduct or affairs or accounts for the purposes of this Law; or

(c) in the publication of any report or statement relating to any proceedings before the Council under this Law, in the exercise or purported exercise of any power conferred by this Law to publish any such report or statement,

unless it is proved to the satisfaction of the court before which any proceedings are taken that the defendant in those proceedings acted in bad faith.

Indemnity

18. The Council shall indemnify a member against all claims, damages, costs, charges or expenses incurred by that member in the discharge or purported discharge of his functions under this Law, except claims, damages, costs, charges or expenses caused by the bad faith of that member.

Disclosure of member’s interests

19. (1) If a member of the Council has any pecuniary or other interest in any matter to be dealt with by the Council he shall disclose the fact to the chairman and shall not take part in any meeting at which the matter is considered or discussed.

(2) A member of the Council who fails to comply with subparagraph (1) commits an offence and is liable-

(a) on summary conviction to a fine of twenty thousand dollars and to imprisonment for two years; or

(b) on conviction on indictment to a fine of fifty thousand dollars and to imprisonment for five years,

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unless he proves that he did not know that matter in which he had an interest was the subject of consideration at that meeting.

(3) A disclosure under subparagraph (1) shall be recorded in the minutes of the meeting of the Council.

20. For the purposes of paragraph 19, a member of the Council shall be treated, as having a pecuniary interest in a matter if he is a partner, director, shareholder, employee or consultant of the firm of which the attorney-at-law, who is the subject of a complaint, is a partner, director, shareholder, consultant or employee.

Expenses, accounts, allowances and reports of the Council

21. The appointed members of the Council shall be paid such allowances as the Governor may determine.

22. All administrative expenses incurred by the Council in carrying out its functions under this Law and allowances shall be paid out of the general revenue of the Islands.

23. The Council shall keep proper accounts of its receipts, payments, credits, liabilities.

24. The Council shall in each year prepare and submit to the Governor in Cabinet on or before the 30th day of June a report of its proceedings during the twelve months ending on the 31st day of March in each year.


THE COMPLAINTS AGAINST ATTORNEYS-AT-LAW RULES, 2012

1. These Rules may be cited as the Complaints Against Attorneys-at-Law Rules, 2012.

Citation

2. In these Rules, unless the context otherwise requires, “respondent” means an attorney-at-law against whom a complaint has been made under section 33.

Interpretation

3. The Council shall require a complainant to provide written particulars of and such other evidence in support of his complaint as the Council may require; and the Council may, where it considers it necessary, require such particulars and other evidence to be given by way of affidavit.

Complaints

4. (1) Where a complaint is made to the Council, it shall- Preliminary inquiry into complaints

62


(a) give notice in writing to a respondent of receipt of such complaint; and

(b) sit to make such initial inquiries as appear to the Council to be necessary to enable the Council to perform the functions assigned to it under subparagraph (4).

(2) The Council shall sit in such place and at such time as the chairman of the Council may direct.

(3) A complainant and a respondent shall be parties to any inquiry or investigation of a complaint.

(4) After making initial inquiries under paragraph (1) the Council shall conduct a preliminary inquiry to determine whether-

(a) a complaint is trivial, frivolous or lacking in merit; or (b) a complaint has some merit.

(5) Where it is determined that a complaint has some merit, the Council shall investigate the complaint in accordance with rule 6.

5. Where, after conducting a preliminary inquiry into a complaint, the Council determines that the complaint is trivial, frivolous or lacking in merit, the Council may dismiss the complaint summarily without further inquiry or investigation, and it shall inform the parties in writing of any such dismissal.

Dismissal of non-meritorious complaints after preliminary inquiry

6. (1) Where the Council determines that there is some merit to a complaint, the secretary, on the direction of the chairman, shall write to a respondent in such terms as the Council may specify to inform him that-

Investigation of meritorious complaints

(a) the Council has received a complaint which may constitute improper conduct by him in the terms specified in the letter; and

(b) within fourteen days of the delivery of the letter from the secretary to him personally or his place of business, he may comment upon the contents of the letter in writing or in person.

(2) The Council may require a respondent to provide written particulars of and such other evidence in support of his complaint as the Council may require and where the Council considers it necessary, it may require particulars and such other evidence from the respondent to be given by way of affidavit.

(3) Where a respondent replies to the secretary's letter within fourteen days of the date of its delivery to him, the Council shall, as soon as is practicable thereafter, investigate the complaint in the light of all the material available to it, including the respondent’s reply, to determine whether a prima facie case of misconduct is made out on the evidence before it.

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(4) Where a respondent does not reply to the secretary’s letter within fourteen days of the date of its delivery to him, the Council may proceed to investigate the complaint in his absence as if he has denied the substance and merit of the complaint in its entirety.

(5) Where the Council commences an investigation of a complaint and is unable to make a prima facie determination on the facts before it, the Council may defer further investigation of the complaint until it has conducted further inquiries.

(6) The secretary, on the direction of the chairman, may by written notice given to a person, require a person to appear before the Council at a specified time and place to give further evidence or to produce specified documents.

(7) For the purpose of investigating complaints the Council may sit in two divisions.

(8) The chairman shall determine the composition of each division.

(9) Each division shall be entitled to investigate any complaint and shall be entitled to exercise all powers of the Council; and any investigation by or determination of such division shall be deemed to be an investigation by or determination of the Council.

7. An attorney-at-law who, without lawful justification or excuse, refuses or fails to provide such evidence as may be requested by the Council is guilty of misconduct and shall be disciplined in accordance with section 32.

Refusal to provide information

8. After investigating a complaint in accordance with rule 6, the Council may, if it deems appropriate to do so, dismiss the complaint summarily if it is satisfied that no prima facie case has been made out against a respondent.

Dismissal of meritorious complaint after investigation

9. Where a prima facie case of misconduct is disclosed by a complaint in the opinion of the Council it-

Complaint disclosing prima facie case

(a) shall direct that the complaint should form the subject matter of a formal complaint before the Council; and

(b) shall cause such formal complaint to be prepared.

10. The chairman shall take such steps as are reasonably practicable to inform the complainant of the progress and result of an investigation into the complaint made by him.

Complainant to be kept informed of progress of investigation of complaint

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Preparation of formal complaint 11. (1) An attorney-at-law appointed by the Council shall prepare a formal

complaint of misconduct and present a case before the Council.

(2) A formal complaint may only be prepared which is founded upon the same facts or evidence from which the original complaint arose.

12. Upon the preparation of a formal complaint under rule 1, the chairman of the Council shall cause a copy of the complaint to be transmitted to the other members of the Council in accordance with this Law.

Transmission of disciplinary charges to Chief Justice

13. The proceedings of the Council shall be held in public unless the Council is of the view that publicity would prejudice the interests of justice or commercial confidence.

Council proceedings public

Passed by the Legislative Assembly the day of , 2012.

Speaker.

Clerk of the Legislative Assembly.

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Legal Practitioners Bill 2012 November 25 Consut

Documents

Transcript of Legal Practitioners Bill 2012 November 25 Consut