THE LEGAL PRACTITIONERS LAW (LAW 9 OF 1969) (1995 Revision)

Supplement No. 1 published with Gazette No. 5 of 6th March, 1995. THE LEGAL PRACTITIONERS LAW (LAW 9 OF 1969) (1995 Revision) Consolidated with Laws 11 of 1972, 4 of 1980, 14 of 1982, 33 of 1983, 6 of 1984, 6 of 1986 and 13 of 1987. Revised under the authority of the Law Revision Law (19 of 1975). Originally enacted- Law 9 of 1969-13th August, 1969 Law 11 of 1972-11th May, 1972 Law 4 of 1980-17th March, 1980 Law 14 of 1982-9th December, 1982 Law 33 of 1983-24th November, 1983 Law 6 of 1984-9th May, 1984 Law 6 of 1986-21st May, 1986 Law 13 of 1987-29th April, 1987 Consolidated and revised this 7th day of February, 1995. Legal Practitioners Law (1995 Revision) 2 Legal Practitioners Law (1995 Revision) LEGAL PRACTITIONERS LAW (LAW 9 OF 1969) (1995 Revision) ARRANGEMENT OF SECTIONS 1. Short title 2. Definitions 3. Admission of barristers, solicitors and others to practice as Attorneys- at- Law 4. Limited admission as Attorney-at-Law 5. Enrolment of Attorneys-at-Law 6. Right to sue for fees and costs 7. Suspension and striking off Roll 8. Right of appeal to Court of Appeal 9. Persons guilty of contempt of court 10. Unqualified persons not to prepare certain documents, etc. 11. Admission fees 12. Annual fees 13. Non-practising Attorneys-at-Law to be struck off Roll 14. Savings 15. Articled clerks 16. Discharge of articles in certain circumstances 17. Transfer of articles, etc. 18. Legal Advisory Council 19. Regulations relating to legal education and qualification to practice law 20. Regulations relating to fees and costs in non-contentious matters, etc. First Schedule Second Schedule Third Schedule 3 Legal Practitioners Law (1995 Revision) 4 Legal Practitioners Law (1995 Revision) LEGAL PRACTITIONERS LAW (9 OF 1969) (1995 REVISION) 1. This Law may be cited as the Legal Practitioners Law (1995 Revision). Short title 2. In this Law, unless the context otherwise requires- Definitions “court” means the Grand Court of the Cayman Islands and any court of Summary Jurisdiction; “Court of Appeal” means the Court of Appeal of the Cayman Islands; “Clerk of Court” means the officer appointed under section 9 of the Grand Court Law 8 of 1975 Law to be the Clerk of Court; “Governor” means Governor in Council; and “Judge” means a Judge of the Grand Court appointed as such under section 49I of U.K.S.I. 1992/1101 et al Schedule 2 to the Cayman Islands (Constitution) Orders 1972 to 1993 or a person acting as such by virtue of section 49K of the said Schedule. 3. (1) Subject to the provisions of this Law, a Judge may admit to practice as Admission of barristers, solicitors and others to an Attorney-at-Law in the Islands any person who- practice as Attorneys-at- Law (a) is a member of the Bar of England or Northern Ireland or the Faculty of Advocates of Scotland or a solicitor of the Supreme Court of Judicature of England, Scotland, Northern Ireland or Jamaica or a Writer to the Signet of Scotland or a solicitor or Law Agent admitted to practice in Scotland; (b) satisfies a Judge that he is entitled to practice in any court in any of Her Majesty’s dominions and possesses a qualification comparable as to standard, law, practice and procedure with those specified in paragraph (a) of this subsection; or (c) is qualified to practice as an Attorney-at-Law under regulations made under section 19. (2) Any person who is qualified in accordance with subsection (1) may apply for admission to practice as an Attorney-at-Law and such application shall be made in writing addressed to a Judge and be filed in the office of the Clerk of Court together with - (a) the certificate of the applicant’s call to the Bar or, as the case may be, of his admission to the Faculty of Advocates or of his 5 Legal Practitioners Law (1995 Revision) admission as solicitor, Writer to the Signet or Law Agent aforesaid, or the corresponding certificate relating to any qualification referred to in paragraph (b) or (c) of subsection (1); and (b) an affidavit signed by him in the presence of the Clerk of Court, who shall subscribe his name as a witness thereto, verifying that the certificate is a true certificate and that the applicant is the person named therein and that he is qualified as prescribed by subsection (1) (hereinafter referred to as “the prescribed qualification”): Provided that a Judge may exempt any such person from producing the said certificate and from verifying the same if he is otherwise satisfied that the applicant possesses the prescribed qualification. (3) A Judge may for due cause refuse to admit any applicant to practice as an Attorney-at-Law notwithstanding that he may possess the prescribed qualification unless such person is being admitted to practise as an Attorney-at- Law under paragraph (c) of section 3(1). Limited admission as 4. (1) A Judge shall have power to admit to practice as an Attorney-at-Law, Attorney-at-Law for the purpose of any specified suit or matter in regard to which the person so admitted has been instructed- (a) by an Attorney-at-Law in the Islands; or Law 17 of 1975 (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 Poor Persons (Legal Aid) Law, by such person, any person who possesses the prescribed qualification, if such person has come or intends to come to the Islands for the purpose of appearing, acting or advising in that suit or matter, and an application for such admission is made in such manner as the Judge may think fit. (2) A person admitted to practice as an Attorney-at-Law under this section shall be entitled to practice for the purpose of the suit or matter concerned but not otherwise. (3) The Clerk of Court shall not issue a certificate under paragraph (b) of subsection (1) unless he is satisfied that every reasonable effort has been made to obtain the services of an Attorney-Law in the Islands for the person to whom the legal aid certificate has been granted, and that there is no Attorney-at-Law in the 6 Legal Practitioners Law (1995 Revision) Islands who is willing and able to advise or represent that person under the Poor Persons (Legal Aid) Law. 5. (1) The Clerk of Court shall, upon application from any person admitted to Enrolment of Attorneys- at-Law practice as an Attorney-at-Law under section 3, enter his name in a book to be kept for the purpose by the Clerk and to be called the Court Roll and, upon his name being so enrolled, such person shall be entitled to a certificate of enrolment under the seal of the Court. (2) Any person whose name is so enrolled shall, subject to section 12, be entitled to practice as an Attorney-at-Law in every court in the Islands. (3) Any person practising as an Attorney-at-Law and whose name is so enrolled shall be deemed to be an officer of the Grand Court. (4) Subject to section 4, no person whose name is not so enrolled shall be entitled to practice in any court in the Islands. 6. Every Attorney-at-Law who has been admitted to practice and enrolled shall Right to sue for fees and costs be entitled to sue for and recover his fees and costs in respect of services rendered as an Attorney-at-Law and shall be subject to all the liabilities which by law attach to an Attorney-at-Law. 7. (1) A Judge shall have power for reasonable cause shown to suspend any Suspension and striking off Roll Attorney-at-Law from practising as such during any specified period or to order his name to be struck off the Court Roll. (2) Before a Judge takes such action as is laid down in subsection (1) hereof, he shall communicate or cause to be communicated in writing to the Attorney-at-Law concerned the nature of the complaint against him and such Attorney-at-Law shall be entitled to call witnesses and to be heard. (3) A Judge may, if he thinks fit, at any time order the Clerk of Court to replace on the Court Roll the name of an Attorney-at-Law whose name had been struck off the Roll. 8. Any Attorney-at-Law aggrieved by a decision or order of a Judge made Right of appeal to Court of Appeal under section 7(1) may appeal therefrom to the Court of Appeal in the manner and within the time prescribed by law or by the rules made from time to time by that Court relating to appeals in civil matters. 9. Every person who, not being himself the plaintiff or defendant or other party Persons guilty of contempt of court thereto, in his own name or in the name of any other person acts as an Attorney-at- 7 Legal Practitioners Law (1995 Revision) Law in any civil or criminal proceeding when not entitled to practice as such may be adjudged guilty of a contempt of the court in which that proceeding in relation to which he so acts is brought, and may be punished accordingly. Unqualified persons not 10. (1) Subject to section 4, any person who, not being admitted to practice to prepare certain and enrolled as an Attorney-at-Law, or otherwise lawfully authorised, shall, either documents, etc. directly or indirectly for or in expectation of any fee, gain or regard, draw or prepare any instrument relating to movable or immovable property or any legal proceeding or shall receive any fee, gain or reward for drawing or preparing any such instrument or proceeding, shall be guilty of an offence and liable on summary conviction to a fine of two hundred dollars. (2) This section shall not extend to - (a) any public officer drawing or preparing instruments in the course of his duty; or (b) any person employed merely to engross or copy any instrument or proceeding. (3) For the purposes of this section, “instrument” does not include- (a) an agreement under hand only; (b) a letter or power of attorney; or (c) a transfer of stock containing no trust or limitation thereof. Admission fees 11. Any person admitted to practise as an Attorney-at-Law shall pay the First Schedule admission fee specified in the First Schedule in relation to such a person. Annual fees 12. (1) Every person practising as an Attorney-at-Law, otherwise than by Second Schedule virtue of section 4, shall pay to the Clerk of Court the annual practising fee specified in the Second Schedule. (2) The Clerk of Court shall issue to each Attorney-at-Law, on payment by him of the annual practising fee prescribed by subsection (1), and also, if the Attorney- at-Law does not possess Caymanian status in accordance with Part III LTahwird 1 S3c ohfe 1d9u9le2 of the Immigration Law, on the production by him of a current and valid work permit issued under Part V of that Law and an affidavit that he intends to reside within the Islands for the entire period in respect of which the work permit has been granted, an annual practising certificate in the form prescribed in the Third Schedule. (3) Whoever, not being a person practising by virtue of section 4, practises or attempts to practice as an Attorney-at-Law without being in possession of a current annual practising certificate issued under subsection (2) shall be liable to suspension under section 7(1). 8 Legal Practitioners Law (1995 Revision) 13. The Clerk of Court shall strike off the Court Roll the name of any Attorney- Non-practising at-Law other than a person who possesses Caymanian status, who has not been at Attorneys-at-Law to be any time during the twenty-four months immediately preceding the striking off in struck off Roll possession of an annual practising certificate issued under section 12. 14. Nothing in this Law shall - Savings (a) prejudice or affect 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 (b) affect any enactment empowering any person, whether or not an Attorney-at-Law, to conduct or otherwise act in relation to any legal proceeding. 15. (1) An Attorney-at-Law who has been in continuous practice as a legal Articled clerks practitioner in any court in the Commonwealth for a period of at least five years (at least two of which have been in the Islands) may take any person into his service as an articled clerk. (2) An Attorney-at-Law shall not take into his service as an articled clerk any person who does not possess the minimum qualifications prescribed under section 19 for admission to service under articles. (3) An Attorney-at-Law shall not without the approval of the Attorney- General have in his service more than two articled clerks at the same time: Provided that the Attorney-General and, with the special leave of the Attorney-General, the Clerk of Court may have in their respective service up to four articled clerks at the same time. (4) A person shall not take or retain in his service any other person as a articled clerk after such first mentioned person has ceased to practice as an Attorney-at-Law. (5) If any person takes or has in his service any articled clerk in contravention of any of the foregoing sub-sections, the Attorney-General may of his own motion discharge the articles of that clerk upon such terms including terms as to the return of any premium, as the Attorney-General thinks fit. (6) Any other provision of this Law to the contrary notwithstanding, 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 9 Legal Practitioners Law (1995 Revision) 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. Discharge of articles in 16. The Attorney-General may of his own motion discharge the articles of an certain circumstances articled clerk on such terms as he thinks fit, including terms as to the return of any premium if - (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. Transfer of articles, etc. 17. The Attorney-General may, upon the application of any Attorney-at-Law and of any articled clerk, approve, in any case in which he considers it proper so to do and subject to any conditions he may think fit to impose, the transfer of the articled clerk to the service under articles of such other Attorney-at-Law as is willing to take him, and upon any such approval being given 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. Legal Advisory Council 18. There is hereby established a Legal Advisory Council comprising the Chief Justice, an Attorney-at-Law in active private practice nominated by the Governor and the Attorney-General or a legal practitioner in the public service nominated by the Attorney-General, any two of whom shall form a quorum. Regulations relating to 19. (1) The Governor, after consultation with the Legal Advisory Council, may legal education and make arrangements- qualification to practice law (a) for the provision of a system of legal education and practical training leading to local qualification for enrolment as an Attorney-at-Law; and (b) for the provision of a system of law reporting. (2) The Governor, after consultation with the Legal Advisory Council, may make Regulations relating to matters connected with his functions under subsection (1) and, in particular, but without prejudice to the generality of the foregoing such regulations may prescribe- 10 Legal Practitioners Law (1995 Revision) (a) local qualifications for enrolment as an Attorney-at-Law which qualifications may, among other things, require either the successful completion of a prescribed period of service under articles or the attainment of prescribed academic qualifications or both; (b) qualifications required for admission to legal education in the Islands; (c) 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 or are following different courses of study; (d) 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; (e) 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; (f) 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; (g) the minimum qualifications for admission to service under articles; and (h) such further and other provision as may appear expedient for the governance of service under articles, the tuition of students and their examination, including provision for the practical training and the examination in the Islands of students or other persons. 20. The Governor may make Regulations for the better carrying out of this Law Regulations relating to fees and costs in non- and, without derogation from the generality of the foregoing, in particular for- contentious matters, etc. (a) revoking or amending the First, Second or Third Schedule; (b) providing rules or procedure for the Legal Advisory Council; (c) regulating fees and costs which Attorneys-at-Law are permitted to charge for their services in respect of business connected with sales, purchases, leases, mortgages, settlements, companies, trusts and other matters, and in respect of other business, not being 11 Legal Practitioners Law (1995 Revision) business in any action, or transacted in any court, or the Chambers of a Judge; (d) prescribing the forms of bills of costs, retainers and other agreements for the remuneration of Attorneys-at-Law; and (e) prescribing the penalties which may be imposed for any breach of any Regulations made hereunder. 12 Legal Practitioners Law (1995 Revision) FIRST SCHEDULE (Section 11) Admission Fees 1. General Admission $300.00 2. Limited Admission $300.00 SECOND SCHEDULE (Section 12 (1)) Annual Fee Five hundred dollars payable on or before the second day of January in each year. THIRD SCHEDULE (Section 12 (2)) THE GRAND COURT OF THE CAYMAN ISLANDS LEGAL PRACTITIONERS LAW (1995 Revision) PRACTISING CERTIFICATE It is hereby certified that- an Attorney-at-Law of the Grand Court of the Cayman Islands, having complied with section 12(1) of the Legal Practitioners Law (1995 Revision) is entitled to practice generally in the Islands as an Attorney-at-Law until the thirty-first day of December, 19 upon the terms and subject to the conditions set forth in the aforesaid Law. Dated this day of , 19 __________________________ CLERK OF COURT 13 Legal Practitioners Law (1995 Revision) Publication in consolidated and revised form authorised by the Governor in Council this 7th day of February, 1995. Carmena H. Parsons Acting Clerk of the Executive Council 14