LEGAL SERVICES ACT, 2020 (Act 57 of 2020)

CAYMAN ISLANDS LEGAL SERVICES ACT, 2020 (Act 57 of 2020) Supplement No. 1 published with Legislation Gazette No. 1 dated 7th January, 2021. PUBLISHING DETAILS Page 2 Act 57 of 2020 c Legal Services Act, 2020 Arrangement of Sections CAYMAN ISLANDS LEGAL SERVICES ACT, 2020 (Act 57 of 2020) Arrangement of Sections Section Page PART 1 - PRELIMINARY 1. Short title and commencement ..................................................................................................7 2. Interpretation .............................................................................................................................7 PART 2 - THE CAYMAN ISLANDS LEGAL SERVICES COUNCIL 3. Establishment of the Cayman Islands Legal Services Council ................................................. 10 4. Constitution of the Council ....................................................................................................... 10 5. Functions of the Council .......................................................................................................... 11 6. Powers of the Council .............................................................................................................. 12 7. Appointment of secretary and staff ........................................................................................... 12 8. Terms and conditions of appointment of members ................................................................... 12 9. Acting appointments ................................................................................................................ 12 10. Resignation ............................................................................................................................. 12 11. Revocation of appointment ...................................................................................................... 13 12. Vacancy................................................................................................................................... 13 13. Gazetting appointed members ................................................................................................. 13 14. Council to regulate its practice and procedures ........................................................................ 13 15. Meetings .................................................................................................................................. 13 16. Protection from liability ............................................................................................................. 14 17. Disclosure of member’s interests ............................................................................................. 14 18. Appointed member may be paid allowance .............................................................................. 15 19. Payment of administrative expenses ........................................................................................ 15 c Act 57 of 2020 Page 3 Arrangement of Sections Legal Services Act, 2020 20. Council to keep proper accounts .............................................................................................. 15 21. Council to submit annual report ............................................................................................... 15 22. Clerk of the Court may be assigned functions .......................................................................... 15 23. Seal and execution of documents ............................................................................................ 15 PART 3 - THE PRACTICE OF CAYMAN ISLANDS LAW 24. Restriction on the practice of Cayman Islands law ................................................................... 15 25. Attorneys-at-law may practise Cayman Islands law ................................................................. 17 26. Recognised law entity may practise Cayman Islands law ......................................................... 17 27. Exemptions for Attorney General and Director of Public Prosecutions ..................................... 17 28. Ability to practise Cayman Islands law or establish as a law firm ............................................. 17 PART 4 - ADMISSION AS AN ATTORNEY-AT-LAW 29. Admission ................................................................................................................................ 18 30. Personal qualification required for admission ........................................................................... 18 31. Additional personal qualifications ............................................................................................. 18 32. Professional qualification required for admission ..................................................................... 19 33. Post- foreign qualification experience requirement ................................................................... 20 34. Application for admission ......................................................................................................... 20 35. Application for admission to practise in a specified suit or matter ............................................. 20 PART 5 - ATTORNEYS-AT-LAW 36. Status of attorneys-at-law ........................................................................................................ 22 37. Requirements to comply with obligations and to observe Code of Professional Conduct ......... 22 38. Clerk of the Court to keep a Roll of attorneys-at-law ................................................................ 22 39. Roll to be open for inspection .................................................................................................. 23 40. Certificate of enrolment ............................................................................................................ 23 41. Alteration in enrolment details .................................................................................................. 23 42. Voluntary removal of name from Roll ....................................................................................... 23 43. Removal of name from Roll for non-practice ............................................................................ 24 44. Keeping name on Roll ............................................................................................................. 24 45. Law firm - obligation to give notice ........................................................................................... 25 46. Attorney-at-law may administer oaths ...................................................................................... 26 47. Attorney-at-law and recognised law entity may sue for fees and costs ..................................... 26 PART 6 - PRACTISING CERTIFICATES 48. Attorney-at-law shall have a practising certificate to practise.................................................... 26 49. Application for practising certificate .......................................................................................... 27 50 Issue of practising certificate .................................................................................................... 27 51. When a practising certificate becomes void ............................................................................. 29 52. Details of practising certificates to be published ....................................................................... 29 PART 7 - RECOGNISED LAW ENTITY 53. Applications for recognition ...................................................................................................... 29 54. Recognition by Council ............................................................................................................ 29 Page 4 Act 57 of 2020 c Legal Services Act, 2020 Arrangement of Sections 55. Council to issue certificate of recognition ................................................................................. 30 56. Appeal against refusal of recognition ....................................................................................... 30 57. Changes to be notified ............................................................................................................. 30 58. Recognised law entity may only practise Cayman Islands law ................................................. 30 59 Name of a recognised law entity .............................................................................................. 30 60. Recognised law entity wound up .............................................................................................. 31 61. Company ceasing to be a recognised law entity and continuing to practise.............................. 31 62. Falsely claiming to be a recognised law entity .......................................................................... 31 PART 8 - LAW FIRMS 63. Practice of Cayman Islands law by attorney-at-law in another jurisdiction ................................ 31 64. Annual operational licence ....................................................................................................... 31 65. Insurance ................................................................................................................................. 32 66. Annual compliance certificate .................................................................................................. 32 PART 9 - LOCAL EDUCATION AND TRAINING 67. Recognised legal educators ..................................................................................................... 33 68. System of legal education and practical legal training .............................................................. 34 69. Regulations in respect of qualifying as an attorney-at-law ........................................................ 34 70 Regulations for programme of legal education or practical legal training .................................. 35 PART 10 - ARTICLES OF CLERKSHIP 71. Regulations - service under articles of clerkship ...................................................................... 35 72. Qualifications required to take on an articled clerk ................................................................... 35 73. Recognised law entity may take on an articled clerk ................................................................ 36 74. Articles of Clerkship served in Government offices .................................................................. 36 75. Service in a legal or judicial department ................................................................................... 36 76. Power of the Council to discharge articles of clerkship ............................................................. 36 77. Transfer of articles of clerkship ................................................................................................ 37 78. Obligations of attorney-at-law or recognised law entity in relation to an articled clerk ............... 37 PART 11 - INVESTIGATION AND DETERMINATION OF ALLEGED PROFESSIONAL MISCONDUCT 79. Application to senior office holders ........................................................................................... 38 80. Complaints of professional misconduct by attorneys-at-law ..................................................... 38 81. Legal Services Disciplinary Tribunal ........................................................................................ 38 82. Council to investigate complaints ............................................................................................. 39 83. Disciplinary Tribunal to hear and determine matter .................................................................. 40 84. Disciplinary sanctions .............................................................................................................. 41 85. Striking off and suspension from practice to be published ........................................................ 42 86. Interim orders .......................................................................................................................... 42 87. Restoration of name to Roll ..................................................................................................... 43 88. Termination of suspension ....................................................................................................... 43 89. Form and proof of order of Council or Disciplinary Tribunal ...................................................... 44 90. Certain orders to be filed in Court ............................................................................................ 44 91. Enforcement of order of Disciplinary Tribunal ........................................................................... 44 c Act 57 of 2020 Page 5 Arrangement of Sections Legal Services Act, 2020 92. Appeals ................................................................................................................................... 45 93. Trusteeships held by attorney-at-law suspended or struck off .................................................. 45 94. Attorney-at-law shall comply with conditions and restrictions ................................................... 46 95. Council to inform police of possible offence ............................................................................. 46 PART 12 - MISCELLANEOUS 96. Practice in the Islands of the law of another jurisdiction ........................................................... 46 97. False or misleading information ............................................................................................... 48 98. Liability of officers .................................................................................................................... 48 99. Regulations ............................................................................................................................. 48 100. Repeal and savings ................................................................................................................. 49 101. Savings, transitional and consequential provisions .................................................................. 49 Page 6 Act 57 of 2020 c Legal Services Act, 2020 Section 1 (Act 57 of 2020) CAYMAN ISLANDS I Assent, Martyn Roper Governor Date: 7th day of January, 2021 LEGAL SERVICES ACT, 2020 (Act 57 of 2020) AN ACT TO REPEAL AND REPLACE THE LEGAL PRACTITIONERS ACT (2015 REVISION); TO REGULATE THE PRACTICE OF CAYMAN ISLANDS LAW; TO PROVIDE FOR A SYSTEM OF LEGAL EDUCATION; TO PROVIDE FOR A MECHANISM TO DEAL WITH PROFESSIONAL MISCONDUCT; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. PART 1 - PRELIMINARY 1. Short title and commencement 1. (1) This Act may be cited as the Legal Services Act, 2020. (2) This Act shall come into force on such date as may be appointed by Order made by the Cabinet and different provisions of this Act may be brought into force on different days and for different purposes. 2. Interpretation 2. (1) In this Act — “acting member” means an attorney-at-law appointed to act in the place of the appointed member under section 9(1); “affiliate”, in respect of a law firm, means a person engaged in the practice of Cayman Islands law in another jurisdiction which — c Act 57 of 2020 Page 7 Section 2 Legal Services Act, 2020 (a) is trading under a name that is the same as, or similar to, or a derivative of, the name of the law firm; (b) is associated with the law firm; or (c) is a subsidiary of the law firm; “another jurisdiction” means any jurisdiction other than the Islands and “other jurisdictions” shall be construed accordingly; “appointed member” means a member of the Council appointed under section 4(1)(c), (d), (e) or (f) and includes a person for the time being appointed as an acting member of the Council; “articled clerk” means a person who is serving articles of clerkship in accordance with Part 10; “articles of clerkship” means any contract in writing under which any person is bound to serve under the tutelage of an attorney-at-law; “attorney-at-law” means a person whose name is on the Roll; “Cayman Islands law” shall be construed in accordance with section 24; “Caymanian” has the meaning assigned in section 2 of the Immigration (Transition) Act, 2018; “Chief Justice” includes a person for the time being carrying out the functions of the office of Chief Justice; “Clerk of the Court” has the meaning assigned in section 2 of the Grand Court Act (2015 Revision); “company” means — (a) a company as defined in section 2(1) of the Companies Act (2020 Revision); or (b) a limited liability company as defined in section 2 of the Limited Liability Companies Act (2020 Revision); “Constitution” means the Constitution set out in Schedule 2 to the Cayman Islands Constitution Order 2009 (UK S.I. 1379/2009); “Council” means the Cayman Islands Legal Services Council established under section 3; “Court” means the Grand Court; “Disciplinary Tribunal” means the Legal Services Disciplinary Tribunal established under section 81; “document” includes an electronic record as defined under section 2 of the Electronic Transactions Act (2003 Revision); “electronic” has the meaning assigned to it by section 2 of the Electronic Transactions Act (2003 Revision); “foreign qualification” shall be construed in accordance with section 32(3); Page 8 Act 57 of 2020 c Legal Services Act, 2020 Section 2 “Government attorney-at-law” means an attorney-at-law employed in the Government service in accordance with the Public Service Management Act (2018 Revision); “in-house counsel” means an attorney-at-law who provides legal services solely to the attorney-at-law’s employer (including a statutory authority that is an employer) or to other entities that are part of the same group of entities as the employer; “judge” means — (a) a judge of the Grand Court appointed as such under section 106 of the Constitution or a person acting as such by virtue of section 97 of the Constitution; or (b) a judge of the Court of Appeal; “law firm” means — (a) an attorney-at-law practising Cayman Islands law in the Islands as a sole practitioner; or (b) a recognised law entity practising Cayman Islands law in the Islands; “legal practitioner” means a person who has either qualified locally in accordance with section 32(2) or has a foreign qualification in accordance with section 32(3); “legal services” means — (a) giving legal advice or assistance; (b) the exercise of rights of audience before court, tribunal or inquiry; (c) preparing a document on behalf of another person for use in a court, tribunal or inquiry; (d) preparing an instrument governed by law that relates to real, personal or intangible property; or (e) preparing evidence for, or giving evidence in a court or tribunal or inquiry as to the effect of law; “legally and ordinarily resident” shall be construed in accordance with the meaning given to the expression “legal and ordinary residence” in section 2 of the Immigration (Transition) Act, 2018; “limited liability partnership” means a limited liability partnership registered under the Limited Liability Partnership Act, 2017; “manager” in respect of a law firm, means a managing partner or a managing director or a member of the management committee or board of directors or equivalent; “partner” means — c Act 57 of 2020 Page 9 Section 3 Legal Services Act, 2020 (a) a person who has entered into a partnership in accordance with the Partnership Act (2013 Revision); or (b) a person who is a partner in a limited liability partnership under the Limited Liability Partnership Act, 2017, and does not include a person employed as a salaried partner or equivalent; “partnership” has the same meaning as that construed in accordance with section 3 of the Partnership Act (2013 Revision); “practice of Cayman Islands law” and “practise Cayman Islands law” shall be construed in accordance with section 24; “practising certificate” means a practising certificate issued under section 50; “public officer” has the meaning assigned to that expression in section 124(1) of the Constitution; “publish”, in respect of information, means publish in a manner that is likely to bring the information to the attention of those affected by the information; “recognised law entity” means a company, partnership or limited liability partnership recognised as a recognised law entity by the Council under section 54; “Residency and Employment Rights Certificate” means a certificate issued or granted under the Immigration (Transition) Act, 2018; “Roll” means the register known as the Court Roll kept under section 38; “Rules of Court” mean Rules of Court made under section 19 of the Grand Court Act (2015 Revision); “subsidiary” means a company wherever incorporated, the voting control of which is held by or on behalf of a law firm; “Supervisory Authority”, in relation to attorneys-at-law, has the meaning assigned to that expression under section 2(1) of the Proceeds of Crime Act (2020 Revision); and “work permit” has the meaning assigned in section 2 of the Immigration (Transition) Act, 2018. PART 2 - THE CAYMAN ISLANDS LEGAL SERVICES COUNCIL 3. Establishment of the Cayman Islands Legal Services Council 3. There is established a body called the Cayman Islands Legal Services Council. 4. Constitution of the Council 4. (1) The Council consists of seven members as follows — (a) the Chief Justice; Page 10 Act 57 of 2020 c Legal Services Act, 2020 Section 5 (b) the Attorney General; (c) a non-practising attorney-at-law who is a Caymanian appointed by the Premier; (d) a non-practising attorney-at-law who is a Caymanian appointed by the Leader of the Opposition; (e) two practising attorneys-at-law who are Caymanians appointed by the Premier after consultation with the bodies representing the legal profession; and (f) a practising attorney-at-law who is a Caymanian appointed by the Leader of the Opposition after consultation with the bodies representing the legal profession. (2) The appointment of an appointed member shall be by instrument in writing. (3) A copy of the instrument under subsection (2) shall be filed with the Clerk of the Court. 5. Functions of the Council 5. (1) The Council shall have the following functions — (a) to encourage and promote the upholding of the rule of law; (b) to promote high standards of professional conduct by attorneys-at-law; (c) to regulate the practice of law in the Islands; (d) to encourage and promote the study of law; (e) to supervise legal education and practical legal training leading to local qualification for admission as an attorney-at-law; (f) to establish or supervise a system of law reporting; (g) to carry out the functions imposed on the Council under the Proceeds of Crime Act (2020 Revision), in relation to attorneys-at-law, in accordance with the assignment of the Council as the Supervisory Authority under section 4(9) of that Act; and (h) to carry out such other functions as are imposed on the Council by this Act or any other Act. (2) The Council may establish committees for the purposes of advising the Council on, or performing, any of its functions under this Act or any other Act and a committee established under this subsection may comprise — (a) members of the Council only; or (b) members of the Council and persons who are not members of the Council. (3) The Council may, by written instrument, delegate to any committee of the Council or other person any of its functions under this Act or any other Act together with any powers (except this power of delegation) which the Council c Act 57 of 2020 Page 11 Section 6 Legal Services Act, 2020 determines is necessary or expedient to enable the committee or other person to carry out the delegate function. 6. Powers of the Council 6. The Council has the power to do everything reasonably incidental or conducive to carrying out its functions under this Act. 7. Appointment of secretary and staff 7. The Chief Justice shall, after consultation with the Deputy Governor, appoint — (a) a public officer as the secretary to the Council; and (b) such other public officers as the Chief Justice thinks are necessary for assisting the Council in the proper performance of its functions under this Act. 8. Terms and conditions of appointment of members 8. (1) Except as otherwise provided by this Part, an appointed member holds office for five years on terms and conditions determined by — (a) the Premier, in the case of an appointed member appointed under section 4(1)(c) or (e); or (b) the Leader of the Opposition, in the case of an appointed member appointed under section 4(1)(d) or (f). (2) An appointed member is eligible for re-appointment for one additional period of three years. 9. Acting appointments 9. (1) If, in accordance with section 17, an appointed member has a conflict of interest in a matter to be dealt with by the Council, or is otherwise unable to act in relation to any matter, the Premier or Leader of the Opposition may, in accordance with section 4(1)(c), (d), (e) or (f) appoint another person to act in the place of the appointed member in the matter. (2) An acting appointment under subsection (1) shall be made in the same manner as an original appointment. (3) An acting member appointed has the same powers, duties and entitlements as the appointed member. 10. Resignation 10. (1) An appointed member may resign from office by letter addressed to the Chief Justice. (2) The resignation takes effect when the letter is received by the Chief Justice. Page 12 Act 57 of 2020 c Legal Services Act, 2020 Section 11 11. Revocation of appointment 11. (1) The Premier in the case an appointed member appointed under section 4(1)(c) or (e), or the Leader of the Opposition in the case of an appointed member under section 4(1)(d) or (f), may, after consulting the other members of the Council, revoke the appointment of the appointed member by letter addressed to the member. (2) The revocation takes effect when the letter is received by the member. 12. Vacancy 12. (1) The Premier in the case an appointed member appointed under section 4(1)(c) or (e), or the Leader of the Opposition in the case of an appointed member under section 4(1)(d) or (f), shall, as soon as practicable after a vacancy in the office of appointed member arises, fill the vacancy in accordance with this Part. (2) The validity of any decision of the Council shall not be affected by any vacancy amongst its members or by any defect in the appointment of a member as long as there is a quorum for the meeting at which the decision is made. 13. Gazetting appointed members 13. The Clerk of the Court shall publish in the Gazette and such other media as the Clerk of the Court determines details of each appointment of a member, the resignation of an appointed member and the revocation of the appointment of an appointed member. 14. Council to regulate its practice and procedures 14. Except as otherwise provided by section 15, the Council may regulate its practice and procedures. 15. Meetings 15. (1) The Council shall meet at times and places determined by the Chief Justice. (2) The Chief Justice or, in the absence of the Chief Justice, the Attorney General, shall preside at a meeting of the Council. (3) At a meeting of the Council, the quorum shall be a majority of members present and voting, including the Chief Justice, or in the absence of the Chief Justice, the Attorney General. (4) The Council shall reach its decisions by a simple majority vote of its members present and voting. (5) If there is an equality of votes the Chief Justice, or in the absence of the Chief Justice, the Attorney General, may exercise a second or casting vote. (6) The secretary shall record and keep, or cause to be recorded and kept, all minutes of the meetings, proceedings and decisions of the Council but shall not have any right to vote. c Act 57 of 2020 Page 13 Section 16 Legal Services Act, 2020 (7) The Council may co-opt any person whom it considers able to assist it in its deliberations and any person so co-opted shall be deemed to be a member for so long as the person is co-opted, except that the person co-opted shall have no vote and shall not be counted for the purposes of constituting a quorum. 16. Protection from liability 16. (1) A member of the Council or a committee of the Council is not liable for claims, damages, costs, charges or expenses resulting from the discharge or purported discharge of a function of the member as a member of the Council or committee of the Council. (2) Subsection (1) does not apply to claims, damages, costs, charges or expenses caused by the bad faith of the member of the Council or committee of the Council. 17. Disclosure of member’s interests 17. (1) If an appointed member has a conflict of interest in a matter to be dealt with by the Council, the appointed member shall disclose the fact to the other members of the Council and shall not be present at a meeting of the Council when the matter is being discussed by the Council. (2) An appointed member who contravenes subsection (1) commits an offence and is liable — (a) on summary conviction to a fine of twenty thousand dollars or to imprisonment for a term of two years, or to both; or (b) on conviction on indictment to a fine of fifty thousand dollars or to imprisonment for a term of five years or to both. (3) It is a defence for the member of the Council to prove that the member did not know and could not reasonably have known that the matter in which the member had an interest was the subject of consideration at the meeting. (4) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Council. (5) If the Council is — (a) investigating or determining a complaint against an attorney-at-law; (b) hearing an application by a former attorney-at-law to have the attorney-at- law’s name restored to the Roll; or (c) hearing an application by an attorney-at-law to have a period of suspension of the attorney-at-law’s right to practise terminated, an appointed member is to be treated as having a conflict of interest if the appointed member is a partner, director, shareholder, employee, associate or consultant of the law firm of which the attorney-at-law or former attorney-law is or was a partner, director, shareholder, employee, associate or consultant, or Page 14 Act 57 of 2020 c Legal Services Act, 2020 Section 18 the appointed member is the spouse or civil partner, as defined by section 2 of the Civil Partnership Act, 2020, of the attorney-at-law or former attorney-at- law. 18. Appointed member may be paid allowance 18. An appointed member may be paid such allowances as the Cabinet may determine. 19. Payment of administrative expenses 19. Allowances and other administrative expenses paid or incurred by the Council or any committee or other person referred to in section 5(3) in carrying out the functions of the Council shall be paid out of the general revenue of the Islands. 20. Council to keep proper accounts 20. The Council shall keep proper accounts of its receipts, payments, credits and liabilities. 21. Council to submit annual report 21. The Council shall, within three months of the start of each financial year of the Council, prepare and submit to the Cabinet an annual report on the performance of the Council’s functions during the preceding financial year and publish the annual report in the Gazette. 22. Clerk of the Court may be assigned functions 22. The Chief Justice may assign to the Clerk of the Court such functions as the Chief Justice thinks necessary for the proper carrying out by the Council of its functions. 23. Seal and execution of documents 23. (1) The seal of the Council shall be authenticated by the Chief Justice and one other member of the Council authorised by the Council to do so. (2) The seal of the Council shall be judicially noticed. (3) The Council may, by resolution, appoint an officer of the Council, either generally or in a particular case, to execute on behalf of the Council a document not under seal. PART 3 - THE PRACTICE OF CAYMAN ISLANDS LAW 24. Restriction on the practice of Cayman Islands law 24. (1) Except as provided by this Act, a person shall not practise Cayman Islands law in the Islands or in another jurisdiction. c Act 57 of 2020 Page 15 Section 24 Legal Services Act, 2020 (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of one hundred thousand dollars or to imprisonment for a term of two years, or to both. (3) For the purposes of subsection (1), a person practises Cayman Islands law if, for or in expectation of gain or reward, the person provides legal services in respect of Cayman Islands law or in the Islands. (4) A person practises Cayman Islands law if the person holds himself or herself as qualified to provide legal services in respect of Cayman Islands law or in the Islands for gain or reward. (5) Notwithstanding subsections (3) and (4), a person is not to be taken as practising Cayman Islands law for the purposes of subsection (1) if the person — (a) in a matter of a legal nature, acts on the person’s own behalf or on behalf of an entity, whether or not incorporated, in which the person has an interest or by which, in the case of an individual, other than an in-house counsel, the person is employed; (b) as a public officer, prepares a document or instrument in the course of the person’s duties; (c) as a director or owner of a company, acts on behalf of the company whether in relation to a document, an instrument, a proceeding or otherwise if permitted by law to do so; (d) prepares a will that does not contain trust provisions; (e) prepares a document relating to the sale, purchase or lease of land or premises if no mortgage, charge or other form of security interest over land is involved; (f) as a person licensed or registered under a regulatory law, as defined in the Monetary Authority Act (2020 Revision), carries out a licensed activity; (g) is an arbitrator or counsel brought into the Islands by an attorney-at-law to act in arbitration under the Arbitration Act, 2012; (h) being a person practising law in another jurisdiction, prepares a draft of a document or instrument to be governed by Cayman Islands law, where the document or instrument will be reviewed, settled and finalised for execution purposes by a law firm or an affiliate; (i) is instructed by a law firm or its affiliate to obtain evidence on behalf of a person for use in a court, tribunal or inquiry in the Islands, and where the evidence will be reviewed by a law firm or its affiliate on behalf of a mutual client; (j) being a person practising law in another jurisdiction, is instructed by a law firm or an affiliate to assist, under the supervision of that law firm or affiliate, in the preparation of a document (other than evidence or Page 16 Act 57 of 2020 c Legal Services Act, 2020 Section 25 correspondence) for use in connection with proceedings in a court, tribunal or inquiry in the Islands; or (k) being a Queen’s Counsel, or equivalent and, practising as such in any court of a jurisdiction referred to in section 32(3), instructed by a law firm or an affiliate, provides advice as to Cayman Islands law or prepares a document for use in a court, tribunal or inquiry in the Islands. (6) The Cabinet may by Order amend subsection (5). 25. Attorneys-at-law may practise Cayman Islands law 25. Subject to compliance with this Act and regulations made under this Act, an attorney- at-law who holds a practising certificate may — (a) practise Cayman Islands law in the Islands; or (b) practise Cayman Islands law in another jurisdiction with an affiliate, subject also to compliance with the law of that jurisdiction. 26. Recognised law entity may practise Cayman Islands law 26. Subject to compliance with this Act and regulations made under this Act, a recognised law entity may — (a) practise Cayman Islands law in the Islands; or (b) practise Cayman Islands law in another jurisdiction with an affiliate, subject also to compliance with the law of that jurisdiction. 27. Exemptions for Attorney General and Director of Public Prosecutions 27. Nothing in this Act shall — (a) prejudice or affect the rights, including the right in connection with the duties of the Attorney General 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; or (b) prejudice or affect the rights, including the right in connection with the duties of the Director of Public Prosecutions 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. 28. Ability to practise Cayman Islands law or establish as a law firm 28. (1) Nothing in this Part affects any ability a person, whether or not an attorney-at- law, may have under any other Act to practise Cayman Islands law. c Act 57 of 2020 Page 17 Section 29 Legal Services Act, 2020 (2) Nothing in this Part prohibits an attorney-at-law from establishing that attorney- at-law as a law firm or as a partner or member of a law firm except that — (a) in the case of a law firm that is an attorney-at-law practising Cayman Islands law in the Islands as a sole practitioner, the attorney-at-law shall be a Caymanian; or (b) in the case of a law firm that is a recognised law entity, at least one member or partner of the recognised law entity shall be an attorney-at-law who is a Caymanian. PART 4 - ADMISSION AS AN ATTORNEY-AT-LAW 29. Admission 29. (1) Subject to subsection (2), a judge may, on an application made in accordance with this Act, admit a person as an attorney-at-law. (2) A judge shall not admit a person as an attorney-at-law under subsection (1) unless the judge is satisfied that the person — (a) has a personal qualification for admission set out in section 30; (b) has the additional personal qualifications set out in section 31; (c) has obtained a professional qualification set out in section 32; (d) has any additional post-foreign qualification experience required by section 33; and (e) is otherwise a fit and proper person to be an attorney-at-law. 30. Personal qualification required for admission 30. To be admitted as an attorney-at-law, a person shall — (a) be a Caymanian; (b) hold a work permit or a Residency and Employment Rights Certificate or otherwise be entitled under the Immigration (Transition) Act, 2018 to reside and work in the Islands as an attorney-at-law in the capacity in which the person is or is to be employed; (c) be employed by the Government or a statutory authority; or (d) be ordinarily resident in another jurisdiction and be a partner, director, member, employee, associate or consultant of a law firm or an affiliate of a law firm. 31. Additional personal qualifications 31. To be admitted as an attorney-at-law, a person shall satisfy a judge that the person — (a) is not an undischarged bankrupt; Page 18 Act 57 of 2020 c Legal Services Act, 2020 Section 32 (b) has not engaged in conduct that would constitute an act of professional misconduct under this Act; and (c) is not disbarred for professional misconduct from practising law in another jurisdiction. 32. Professional qualification required for admission 32. (1) To be admitted as an attorney-at-law, a person shall satisfy a judge that the person — (a) is qualified locally as specified in subsection (2); or (b) has a foreign qualification as specified in subsection (3). (2) A person is qualified locally if the person — (a) has obtained the prescribed educational qualifications in the study of law; and (b) has undertaken the prescribed period of articles of clerkship in accordance with regulations made under section 71(2)(b). (3) A person has a foreign qualification if the person — (a) is enrolled as a solicitor in England and Wales or Northern Ireland; (b) has successfully completed the Bar Professional Training Course or a qualification considered equivalent to that course by the Bar Council of England and Wales and, in either case, has served twelve months pupillage in England, Wales or Northern Ireland; (c) 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; (d) is an attorney-at-law of the Supreme Court of Jamaica; or (e) is entitled to practise law in any court of — (i) Australia; (ii) Canada; (iii) a jurisdiction which is a Member of the Caribbean Community that is also a Member of the Commonwealth of Nations; (iv) the Eastern Caribbean Supreme Court; (v) Ireland; (vi) Hong Kong; (vii) New Zealand; or (viii) any other jurisdiction prescribed by Cabinet by Order made upon the recommendation of the Council, being a jurisdiction that has admission qualifications comparable to those mentioned in subsection (2). c Act 57 of 2020 Page 19 Section 33 Legal Services Act, 2020 33. Post- foreign qualification experience requirement 33. (1) To be admitted as an attorney-at-law, by virtue of a foreign qualification, a person shall have had at least five years post-qualification experience in the practice of law in another jurisdiction. (2) The person under subsection (1) shall be in good standing on a register or its equivalent maintained by a court or other relevant body of the relevant jurisdiction for the purpose of section 32(3) that contains the name of each person entitled to practise law in that jurisdiction. (3) The post-qualification experience requirements under subsection (1) shall not apply if the person is a Caymanian or the holder of a Residency and Employment Rights Certificate. 34. Application for admission 34. (1) A person may apply for admission to practise as an attorney-at-law by motion to the Court. (2) An application under subsection (1) shall be filed with the Clerk of the Court together with — (a) an affidavit that sets out the facts by virtue of which the person claims to be qualified to be admitted; (b) the documentary evidence set out in subsection (3); and (c) the prescribed admission fee. (3) The documentary evidence referred to in subsection (2)(b) is evidence as to — (a) the person’s personal qualification for admission as set out in section 30; (b) the person’s additional personal qualifications as set out in section 31; (c) the person’s professional qualification as set out in section 32; and (d) if the person is applying by virtue of a foreign qualification to which section 32(3) applies, evidence as to — (i) the person’s possession of any additional post-foreign qualification experience as required by section 33(1); and (ii) the person’s professional good standing in the jurisdiction in which the person obtained the foreign qualification as required by section 33(2). 35. Application for admission to practise in a specified suit or matter 35. (1) An application may be made in the Islands to a judge to permit a person to appear, advise or act in a specified suit or matter if the person has come or intends to come to the Islands for that purpose. Page 20 Act 57 of 2020 c Legal Services Act, 2020 Section 35 (2) If the judge gives the permission, the person may carry out the functions of an attorney-at-law for the specified suit or matter upon obtaining a practising certificate limited to those functions. (3) An application under subsection (1) shall be made by a law firm. (4) The law firm shall satisfy the judge — (a) that the law firm has instructed the person to appear, act or advise in the specified suit or matter; (b) that the person has the qualifications in law required to appear, act or advise in the specified suit or matter; and (c) in the case of an application to allow a person, other than a Queen’s Counsel, or equivalent, and practising as such in any court of a jurisdiction referred to in section 32(3), to appear, to advise or to act in a specified suit or matter, that there are exceptional circumstances to justify approving the application and for this purpose, the fact that the applicant law firm does not itself have sufficient capacity to act or to advise in the specified suit or matter shall not be considered an exceptional circumstance. (5) A judge, when considering an application under subsection (1) made by a law firm, shall, in particular, consider — (a) the complexity of the specified suit or matter and the need for a specialist in respect of the suit or matter; (b) the professional experience and expertise of the person proposed to appear, to advise or to act in the specified suit or matter; and (c) whether approval of the application would be consistent with public policy, including — (i) the promotion of the legal profession and advocacy in the Islands, its sustainability, competence and advancement; (ii) the promotion and maintenance of a fair and efficient court system in the Islands; and (iii) the Grand Court Rules, 1995 (Revised). (6) An application under subsection (1) shall be accompanied the prescribed application fee. (7) Part 11 shall apply to a person referred to in subsection (1) as if the person were an attorney-at-law. (8) The Rules Committee of the Grand Court may make rules for the better implementation of this section. c Act 57 of 2020 Page 21 Section 36 Legal Services Act, 2020 PART 5 - ATTORNEYS-AT-LAW 36. Status of attorneys-at-law 36. (1) Subject to subsection (2), an attorney-at-law is an officer of the Court. (2) An attorney-at-law shall not appear on behalf of another person in a court, tribunal or inquiry in the Islands if the attorney-at-law holds a practising certificate issued pursuant to section 48(2)(b). (3) Subsection (2) shall not apply to an attorney-at-law who is Caymanian. 37. Requirements to comply with obligations and to observe Code of Professional Conduct 37. (1) An attorney-at-law or a recognised law entity shall comply with an obligation imposed on the attorney-at-law or recognised law entity under this Act or Regulations made under this Act. (2) A failure to comply with subsection (1) amounts to professional misconduct and accordingly may be the subject of disciplinary proceedings. (3) The Council shall, after consultation with the legal profession, issue and publish in the Gazette as well as in such other media as the Council determines a Code of Professional Conduct for attorneys-at-law and recognised law entities within sixty days after the commencement of this Act. (4) An attorney-at-law or a recognised law entity shall observe the Code of Professional Conduct issued under subsection (3). (5) Notwithstanding subsection (1) and (4), a failure to comply with subsection (4) may amount to professional misconduct and any such failure may in disciplinary proceedings in relation to the attorney-at-law or a recognised law entity be relied upon as evidence to establish professional misconduct by the attorney-at-law or recognised law entity. 38. Clerk of the Court to keep a Roll of attorneys-at-law 38. (1) The Clerk of the Court shall keep a register which shall be known as the Court Roll. (2) The Clerk of the Court shall, in respect of each person admitted for the time being to practise as an attorney-at-law, enter on the Roll — (a) the person’s full name and business address; (b) the person’s nationality; (c) the date the person was first admitted to practise Cayman Islands law; (d) details of the qualifications in respect of which the person was admitted to practise law;

Page 22 Act 57 of 2020 c Legal Services Act, 2020 Section 39 (e) the area of law in which the person specialises and a description of the person’s post-qualification experience in that area; (f) the name of the person’s employer, if any; and (g) all the jurisdictions in which the person practises Cayman Islands law. (3) The Roll may be kept in the form of an electronic record to which the Electronic Transactions Act (2003 Revision) applies. 39. Roll to be open for inspection 39. (1) The Clerk of the Court shall keep the Roll and documents relating to the Roll at the Court. (2) If the Office of the Court is open, the Clerk of the Court shall permit a person to inspect the Roll free of charge. 40. Certificate of enrolment 40. (1) Upon the name of a person being entered in the Roll, the Clerk of the Court shall grant a certificate of enrolment in the prescribed form to the person. (2) The certificate of enrolment is to be granted under the seal of the Court and shall be signed by the Clerk of the Court. (3) The production of the certificate of enrolment is evidence that the person named in the certificate of enrolment is enrolled as an attorney-at-law. (4) The certificate of enrolment is admissible in evidence without further proof of its sealing and signing. 41. Alteration in enrolment details 41. (1) If there is an alteration in the details registered in the Roll in respect of an attorney-at-law, the attorney-at-law shall, within thirty days of the alteration, notify the Clerk of the Court giving details of the alteration. (3) After the notification is given under subsection (1), the Clerk of the Court shall amend the Roll as appropriate. 42. Voluntary removal of name from Roll 42. (1) An attorney-at-law may apply to the Clerk of the Court to have the name of the attorney-at-law removed from the Roll. (2) The Clerk of the Court may remove the name of an attorney-at-law who applies to be removed from the Roll under subsection (1) from the Roll. (3) Rules of Court may prescribe the form and manner of an application under subsection (1). c Act 57 of 2020 Page 23 Section 43 Legal Services Act, 2020 43. Removal of name from Roll for non-practice 43. (1) This section applies where the name of an attorney-at-law who is not a Caymanian appears on the Roll but the attorney-at-law has ceased to hold a practising certificate. (2) The Clerk of the Court shall as soon as practicable after of an attorney-at-law who is not a Caymanian ceases to hold a practising certificate send a notice to the attorney-at-law at the residential address of the attorney-at-law entered on the Roll. (3) The notice under subsection (2) shall inform the attorney-at-law that unless the attorney-at-law — (a) applies for a practising certificate; or (b) is with a law firm or an in-house counsel and applies to keep the attorney- at-law’s name on the Roll, the Clerk of the Court shall remove the name of the attorney-at-law from the Roll after twelve months of the service of the notice. (4) If, within twelve months after the service of the notice under subsection (2), the attorney-at-law has not applied for a practising certificate or applied to keep the attorney-at-law’s name on the Roll, the Clerk of the Court shall remove the name of the attorney-at-law from the Roll. (5) The Clerk of the Court shall, as soon as practicable, publish the name of any attorney-at-law whose name has been removed from the Roll under this section. (6) If the Clerk of the Court removes the name of an attorney-at-law from the Roll under this section, the Clerk of the Court shall — (a) immediately following the removal, provide the Council with the name of the attorney-at-law that has been removed from the Roll under this section; and (b) as soon as practicable after the removal, publish a notice stating that the name of the attorney-at-law has been removed from the Roll under this section. 44. Keeping name on Roll 44. (1) This section applies if an attorney-at-law who is not a Caymanian — (a) is employed by a law firm or an affiliate of a law firm; or (b) is an in-house counsel, and does not wish to practise Cayman Islands law but wishes to keep the attorney-at-law’s name on the Roll. (2) An attorney-at-law referred to in subsection (1) may apply, before 31st January in each year, to the Clerk of the Court to keep the attorney-at-law’s name on the Roll. Page 24 Act 57 of 2020 c Legal Services Act, 2020 Section 45 (3) An application under subsection (2) shall — (a) be made on a form approved for the purpose by the Clerk of the Court; (b) be accompanied by the prescribed fee; and (c) be accompanied by evidence that the attorney-at-law does not owe any penalty to the Council. (4) The application form approved by the Clerk of the Court under subsection (3)(a) shall require the attorney-at-law to — (a) specify the attorney-at-law’s current residential or business address and if the attorney-at-law is with a law firm or its affiliate, the name and address of the law firm or its affiliate; (b) specify every jurisdiction, other than the Islands, in which the attorney-at- law is admitted to practise law; and (c) state whether or not the attorney-at-law is or has been the subject of a disciplinary complaint or any other action that could cause or did cause the attorney-at-law’s name to be struck off the roll of a jurisdiction in which the attorney-at-law is or was admitted. (5) If the Clerk of the Court refuses to keep the name of the attorney-at-law on the Roll, the attorney-at-law may, within thirty days of the refusal, appeal to the Court against the refusal on the grounds that the refusal was unreasonable having regard to all the circumstances. 45. Law firm - obligation to give notice 45. (1) This section applies if a law firm or an affiliate of a law firm ceases to employ in another jurisdiction an attorney-at-law who is not a Caymanian. (2) A law firm shall, on or before 31st January in each year by written notice, inform the Clerk of the Court of the name of each attorney-at-law that has ceased to be employed during the previous twelve months in accordance with subsection (1). (3) An attorney-at-law referred to in subsection (2) may, by written notice, apply to the Clerk of the Court to have the attorney-at-law’s name kept on the Roll stating the reason, consistent with this Act, why the attorney-at-law’s name should remain on the Roll. (4) After receipt of the notice from the law firm and any notice from the attorney- at-law, the Clerk of the Court shall remove the name of the attorney-at-law from the Roll unless the attorney-at-law has satisfied the Clerk of the Court that there are adequate reasons consistent with this Act for not removing the name of the attorney-at-law from the Roll. (5) If the Clerk of the Court removes the name of an attorney-at-law from the Roll under this section, the Clerk of the Court shall — c Act 57 of 2020 Page 25 Section 46 Legal Services Act, 2020 (a) immediately following the removal, provide the Council with the name of the attorney-at-law that has been removed from the Roll under this section; and (b) as soon as practicable after the removal, publish a notice stating that the name of the attorney-at-law has been removed from the Roll under this section. (6) The managers of a law firm shall ensure that the law firm complies with this section. (7) If a law firm fails to comply with a requirement of this section each manager of the law firm commits an offence and is liable on summary conviction to a fine of ten thousand dollars. 46. Attorney-at-law may administer oaths 46. An attorney-at-law may administer oaths. 47. Attorney-at-law and recognised law entity may sue for fees and costs 47. (1) An attorney-at-law or a recognised law entity may sue for fees and costs in respect of services rendered by the attorney-at-law or recognised law entity as an attorney-at-law or recognised law entity, as the case may be. (2) Notwithstanding subsection (1) — (a) an attorney-at-law may not sue for fees and costs except in respect of services rendered by the attorney-at-law when the attorney-at-law held a practising certificate that authorised the attorney-at-law to render the service; and (b) a recognised law entity may not sue for fees and costs except in respect of services rendered by the recognised law entity when the recognised law entity was under this Act, a recognised law entity. PART 6 - PRACTISING CERTIFICATES 48. Attorney-at-law shall have a practising certificate to practise 48. (1) An attorney-at-law shall not practise Cayman Islands law other than in accordance with subsection (2) or (4). (2) A practising certificate may authorise an attorney-at-law to do any of the following — (a) to practise Cayman Islands law principally in the Islands; or (b) to practise Cayman Islands law principally in another jurisdiction. (3) An attorney-at-law who holds a practising certificate — Page 26 Act 57 of 2020 c Legal Services Act, 2020 Section 49 (a) issued under subsection (2)(a), shall not be in breach of this section by practising Cayman Islands law outside of the Islands, provided that the attorney-at-law’s principal place of practice remains within the Islands; or (b) issued pursuant to subsection (2)(b), shall not be in breach of this section by practising Cayman Islands law in the Islands or elsewhere, provided that the attorney-at-law’s principal place of practice remains within that other jurisdiction. (4) A Government attorney-at-law is deemed to be the holder of a practising certificate authorising the attorney-at-law to practise Cayman Islands law both in the Islands and in another jurisdiction on behalf of the Government. (5) A certificate in the form approved by the Attorney General and signed by the Attorney General to the effect that a particular person is a Government attorney- at-law is evidence of that fact. 49. Application for practising certificate 49. (1) An attorney-at-law may obtain a practising certificate on application to the Council. (2) An application for a practising certificate shall, subject to subsection (3), be made by a law firm, an in-house counsel or a statutory authority in the form approved for the purpose by the Council and shall be accompanied by the prescribed practising certificate fee. (3) An application for a practising certificate shall — (a) state the jurisdiction that will be the attorney-at-law’s principal place of practice during the currency of the practising certificate applied for; (b) specify any jurisdiction, other than the Islands, in which the attorney-at- law is admitted to practise law; and (c) state whether or not the attorney-at-law is or has been the subject of a disciplinary complaint or any other action that could cause or did cause the attorney-at-law’s name to be struck off the roll of a jurisdiction in which the attorney-at-law is or was admitted. 50 Issue of practising certificate 50. (1) The Council may, on an application made in accordance with section 49, issue a practising certificate. (2) The Council shall issue and publish guidance on the matters that the Council shall have regard to in issuing a practising certificate including — (a) the number of practising certificates that are issued to attorneys-at-law practising Cayman Islands law in another jurisdiction with affiliates of the law firm; c Act 57 of 2020 Page 27 Section ( Legal Services Act, 2020 (b) the compliance by the attorney-at-law with any applicable programme of legal education and practical legal training that will be undertaken in the attorney-at-law’s principal place of practice during the currency of the practising certificate; (c) the jurisdiction that will be the attorney-at-law’s principal place of practice during the currency of the practising certificate; and (d) compliance by the law firm, its affiliates and the attorney-at-law with this Act and regulations made under this Act. (3) The Council shall, before determining an application under subsection (1) for an attorney-at-law to practise Cayman Islands law in another jurisdiction, have regard to the matters specified in the guidance issued and published under subsection (2). (4) Notwithstanding subsection (1), if in an application for a practising certificate, it is stated that an attorney-at-law is — (a) suspended from practice; or (b) the subject of a disciplinary complaint or any other action that could cause or caused the attorney-at-law’s name to be struck off the roll of a jurisdiction in which the attorney-at-law is or was admitted, the Council shall not issue a practising certificate except pursuant to an order of the Court. (5) In determining whether to issue a practising certificate authorising an attorney- at-law to practise Cayman Islands law in another jurisdiction, the Council shall have regard to the matters specified in the guidance issued and published under subsection (2). (6) Notwithstanding subsection (1), the Council shall not issue a practising certificate that authorises an attorney-at-law to practise Cayman Islands law in another jurisdiction if the total number of attorneys-at-law practising in all other jurisdictions with affiliates of the law firm would exceed the number of attorneys-at-law practising in the Islands with the law firm. (7) Notwithstanding subsection (1), the Council shall not issue a practising certificate that authorises an attorney-at-law to practise Cayman Islands law in another jurisdiction unless the attorney-at-law swears the prescribed oath or makes the prescribed affirmation. (8) A practising certificate shall be in the form approved by the Council. (9) A practising certificate is valid from the date of its issue and expires on 31st January of the ensuing year unless before that date the practising certificate becomes void. Page 28 Act 57 of 2020 c Legal Services Act, 2020 Section 51 51. When a practising certificate becomes void 51. A practising certificate issued to an attorney-at-law becomes void — (a) on the name of the attorney-at-law being removed from the Roll; (b) on the attorney-at-law being suspended from practice; (c) on the attorney-at-law being adjudicated bankrupt; or (d) when an attorney-at-law, other than a Caymanian or a holder of a Residency and Employments Rights Certificate, ceases to be — (i) employed by a law firm or an affiliate of a law firm; or (ii) an in-house counsel. 52. Details of practising certificates to be published 52. (1) The Council shall publish — (a) during February in each year, an alphabetical list of attorneys-at-law who have at the previous 31st January obtained a practising certificate; and (b) thereafter, as soon as practicable, the name of any attorney-at-law who subsequently obtains a practising certificate during that year. (2) As soon as practicable after the Council becomes aware that a practising certificate has become void, the Council shall publish the name of the attorney- at-law who held the practising certificate and the fact that attorney-at-law’s practising certificate has become void. PART 7 - RECOGNISED LAW ENTITY 53. Applications for recognition 53. (1) An application by a company, partnership or limited liability partnership for recognition as a recognised law entity shall be made on a form approved for the purpose by the Council. (2) An application under subsection (1) shall be accompanied by the prescribed application fee. 54. Recognition by Council 54. (1) The Council may, subject subsection (2), recognise a company, partnership or limited liability partnership as a recognised law entity if the Council — (a) is satisfied that the company, partnership or limited liability partnership complies with section 28(2)(b); and (b) subject to subsection (2), is otherwise satisfied that the company, partnership or limited liability partnership is a suitable body to practise Cayman Islands law. c Act 57 of 2020 Page 29 Section 55 Legal Services Act, 2020 (2) The Council shall have regard to such matters as may be prescribed in determining whether to recognise a company, partnership or limited liability partnership as a recognised law entity. 55. Council to issue certificate of recognition 55. (1) If the Council recognises a company, partnership or limited liability partnership as a recognised law entity, the Council shall issue a certificate of recognition to the company, partnership or limited liability partnership. (2) A certificate of recognition shall be in a form approved by the Council and shall specify the name of the recognised law entity and its registered office. (3) The Council shall also publish a notice stating that the company, partnership or limited liability partnership has been recognised as a recognised law entity and its name. 56. Appeal against refusal of recognition 56. If the Council refuses to recognise a company, partnership or limited liability partnership as a recognised law entity, the company, partnership or limited liability partnership may with leave of the Court of Appeal, appeal to the Court of Appeal against the refusal on the grounds that the refusal was unreasonable having regard to all the circumstances. 57. Changes to be notified 57. A recognised law entity shall, within sixty days after a change in its directors, managers, members or partners, notify the Council of the change. 58. Recognised law entity may only practise Cayman Islands law 58. (1) A recognised law entity shall not carry on any business other than the practice of Cayman Islands law. (2) Notwithstanding subsection (1), a recognised law entity may, with the approval of the Council, carry on a business associated with its practice of Cayman Islands law. (3) If a recognised law entity fails to comply with this section, it ceases to be a recognised law entity. 59 Name of a recognised law entity 59. A recognised law entity may carry on business under a name that does not include the word “Limited”, or the abbreviation “Ltd.”, if it holds itself out to be a recognised law entity. Page 30 Act 57 of 2020 c Legal Services Act, 2020 Section 60 60. Recognised law entity wound up 60. A recognised law entity ceases to be a recognised law entity if a winding up order or its equivalent under the Companies Act (2020 Revision), Limited Liability Companies Act (2020 Revision), Partnership Act (2013 Revision) or the Limited Liability Partnership Act, 2017 is made in respect of it. 61. Company ceasing to be a recognised law entity and continuing to practise 61. (1) If a company, partnership or limited liability partnership ceases to be a recognised law entity but continues to practise Cayman Islands law, in addition to the company, partnership or limited liability partnership committing an offence under section 62, each director, partner, manager or member of the company, partnership or limited liability partnership who is an attorney-at-law is guilty of professional misconduct. (2) As soon as practicable after the Council becomes aware that a company, partnership or limited liability partnership has ceased to be a recognised law entity, the Council shall publish the name of the company, partnership or limited liability partnership and the fact that it has ceased to be a recognised law entity. 62. Falsely claiming to be a recognised law entity 62. (1) A person shall not describe itself as a recognised law entity or hold itself out as a recognised law entity unless it is a recognised law entity. (2) A person that acts in contravention of subsection (1) commits an offence and is liable on summary conviction to a fine of one hundred thousand dollars. PART 8 - LAW FIRMS 63. Practice of Cayman Islands law by attorney-at-law in another jurisdiction 63. (1) An attorney-at-law other than a Caymanian shall not practise Cayman Islands law in another jurisdiction otherwise than with a law firm or with an affiliate of a law firm. (2) An attorney-at-law who contravenes subsection (1) 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. 64. Annual operational licence 64. (1) A law firm shall have an annual operational licence to practise Cayman Islands law. (2) Subject to subsection (4), a law firm shall apply to the Council for an annual operational licence in the form approved by the Council. c Act 57 of 2020 Page 31 Section 65 Legal Services Act, 2020 (3) An application under subsection (2) shall be accompanied by the prescribed annual operational licence fee. (4) The form of an application approved by the Council under subsection (2) shall require the law firm to supply — (a) the law firm’s name; (b) the address or addresses both in the Islands and in another jurisdiction where the law firm or any affiliate of the law firm practises Cayman Islands law; and (c) the name of each of the attorneys-at-law in practice with the law firm or any affiliate of the law firm, whether in the Islands or in another jurisdiction, who hold practising certificates. (5) Subject to subsection (6), an annual operational licence is valid from the date of issue and expires on 31st January of the next year. (6) The Council may suspend or revoke an annual operational licence where a law firm breaches a provision of this Act or regulations made under this Act. (7) The Council shall, before 31st March in each year, publish in the Gazette a list of law firms with an annual operational licence as at that date. 65. Insurance 65. The Cabinet shall, after consultation with the Council, make regulations requiring law firms to secure insurance for a prescribed minimum amount of cover against losses arising from claims in respect of civil liabilities incurred by such law firms in the practice of Cayman Islands law and any business associated with the practice of Cayman Islands law permitted under this Act. 66. Annual compliance certificate 66. (1) A law firm shall, on or before 31st January in each year, deliver to the Council a certificate indicating whether or not the law firm has, during the previous year — (a) complied with each obligation imposed on the law firm and any affiliate by this Act; and (b) where the law firm is a recognised law entity, complied with the criteria to maintain its status as a recognised law entity. (2) If the law firm and any affiliate has not, during the previous year, complied with any of the obligations referred to under subsection (1), the law firm shall concurrently with the delivery of the annual compliance certificate specify to the Council which obligation has not been met and the action (if any) the law firm and any affiliate has subsequently taken to ensure future compliance with the obligation. Page 32 Act 57 of 2020 c Legal Services Act, 2020 Section 67 (3) The managers of a law firm shall ensure that the law firm and any affiliate complies with subsection (1) and that the annual compliance certificate the law firm delivers is complete and correct in all material respects. (4) The annual compliance certificate shall be signed by a manager of the law firm. (5) If a law firm fails to comply with a requirement of this section each manager of the law firm commits an offence and is liable on summary conviction to a fine of twenty thousand dollars. PART 9 - LOCAL EDUCATION AND TRAINING 67. Recognised legal educators 67. (1) The Council may designate a legal educator as a recognised legal educator for the purpose of this Part if the Council is satisfied that the legal educator has the facilities required to provide legal education or practical legal training to a standard required by this Part. (2) A legal educator seeking designation as a recognised legal educator shall apply to the Council in accordance with this section. (3) An application under subsection (1) shall be accompanied by evidence sufficient to show that the legal educator has the facilities necessary to provide legal education or practical legal training to the required standard. (4) If the Council designates a legal educator as a recognised legal educator, the Council shall publish, in the Gazette and such other media as the Council may determine, the name of the legal educator and the fact that the legal educator has been recognised by the Council. (5) The Council may, by at least one month’s written notice to a legal educator, cancel the designation as a recognised legal educator if the Council is satisfied that the legal educator is failing to provide legal education or practical legal training to a standard required by this Act. (6) If the Council cancels the designation of a legal educator as a recognised legal educator under subsection (5), the Council shall publish, in the Gazette and such other media as the Council may determine, the name of the legal educator and the fact that the designation as a recognised legal educator has been cancelled by the Council. (7) A legal educator, whether or not providing or intending to provide legal education, that falsely holds itself out as a recognised legal educator commits an offence and is liable on summary conviction to a fine of fifty thousand dollars. (8) In this section — c Act 57 of 2020 Page 33 Section 68 Legal Services Act, 2020 “to provide legal education or practical legal training”, in addition to providing legal education or practical legal training for attorneys-at-law or prospective attorneys-at-laws, includes providing legal education or practical legal training in relation to paralegal assistants, legal secretaries or other persons involved in the practice of law; and “legal educator” means a person that is capable of providing legal education or practical legal training. 68. System of legal education and practical legal training 68. (1) The Council may make arrangements for the provision of a system of legal education and practical legal training leading to local qualification for enrolment as an attorney-at-law. (2) The Council may make arrangements requiring a person admitted as an attorney-at-law to participate in a programme of legal education or practical legal training. (3) The Cabinet, after consultation with the Council, may make regulations relating to matters connected with the Council’s functions under subsection (1). (4) The Cabinet, after consultation with the Council, may make regulations relating to matters connected with the Council’s functions under subsection (2). 69. Regulations in respect of qualifying as an attorney-at-law 69. Without prejudice to the generality of section 68(3), regulations made under that section may prescribe — (a) the qualifications required for enrolment as an attorney-at-law including requirements for any of the following — (i) the successful completion of a prescribed period of service under articles of clerkship; and (ii) the attainment of prescribed academic qualifications; (b) the qualifications required for admission to legal education in the Islands; (c) the examinations to be taken for enrolment for legal education and for admission including — (i) the papers that are to be set; (ii) the syllabuses to be followed; (iii) the courses of lectures to be given by suitably qualified lecturers in any subject included in the examination; (iv) the time and place at which an examination may be held; (v) the setting, correcting and marking of papers; (vi) the conduct of the examinations; and Page 34 Act 57 of 2020 c Legal Services Act, 2020 Section 70 (vii) the fees to be paid for examinations for enrolment and admission; and (d) different examinations in respect of persons who — (i) possess different qualifications; or (ii) have followed or are following different courses of study. 70 Regulations for programme of legal education or practical legal training 70. Without prejudice to the generality of section 68(4), regulations made under that section may prescribe — (a) the times and places at which the programme of legal education or practical legal training is to be held; (b) the subjects to be covered by the programme of legal education or practical legal training; and (c) the persons that may provide the programme of legal education or practical legal training. PART 10 - ARTICLES OF CLERKSHIP 71. Regulations - service under articles of clerkship 71. (1) The Cabinet, after consultation with the Council, may make regulations in respect of service under articles of clerkship. (2) Without prejudice to the generality of subsection (1), regulations made under that subsection may — (a) prescribe the minimum qualifications required by a person to be admitted for service under articles of clerkship; (b) prescribe the period for which articles of clerkship shall be undertaken; (c) provide for the terms, including remuneration and conditions of service, on which an articled clerk may be taken and retained by an attorney-at- law; (d) provide for the conduct, duties and responsibilities towards each other of the parties to articles of clerkship; and (e) may make different provision in relation to different categories of persons. 72. Qualifications required to take on an articled clerk 72. (1) An attorney-at-law — (a) who has been admitted as a legal practitioner in any jurisdiction for at least seven continuous years; and (b) who has held a Cayman Islands practising certificate for at least five years, c Act 57 of 2020 Page 35 Section 73 Legal Services Act, 2020 may take a person with the prescribed qualification into that attorney-at-law’s service as an articled clerk. (2) An attorney-at-law who has two or more articled clerks in that attorney-at-law’s service may not take any additional articled clerk into that attorney-at-law’s service without the written approval of the Council. 73. Recognised law entity may take on an articled clerk 73. A recognised law entity may take on a person with the prescribed qualifications into that recognised law entity’s service as an articled clerk. 74. Articles of Clerkship served in Government offices 74. (1) The Attorney General and, with the leave of the Attorney General, the Director of Public Prosecutions and the Clerk of the Court may take an articled clerk into their respective service. (2) The provisions of this Part, except section 72(2), that apply to attorneys-at-law and articled clerks in their service apply equally to the Attorney General, Director of Public Prosecutions and Clerk of the Court and to articled clerks in their respective service. 75. Service in a legal or judicial department 75. If the Council is satisfied that a person in a legal or judicial department of the public service is performing duties that are mainly legal in nature, the Council may certify that time spent by a person in the legal or judicial department performing those duties is equivalent to a similar time spent in the service of an attorney-at-law under articles of clerkship. 76. Power of the Council to discharge articles of clerkship 76. The Council may discharge the articles of clerkship of the articled clerk upon such terms as the Council thinks fit if — (a) an attorney-at-law to whom an articled clerk is articled is declared bankrupt; (b) the name of an attorney-at-law to whom an articled clerk is articled is struck off the Roll; (c) an attorney-at-law to whom an articled clerk is articled is suspended from practice; (d) a recognised law entity to which an articled clerk is articled is wound up; (e) a recognised law entity to which an articled clerk is articled ceases to be a recognised law entity; (f) the Council is satisfied after investigation that an articled clerk is not a fit and proper person to become an attorney-at-law; Page 36 Act 57 of 2020 c Legal Services Act, 2020 Section 77 (g) upon the application of either an attorney-at-law or a recognised law entity or that attorney-at-law’s or recognised law entity’s articled clerk, the Council is satisfied that the articles of clerkship of the articled clerk ought to be discharged; or (h) if an attorney-at-law or a recognised law entity has in that attorney-at-law’s or recognised law entity’s service an articled clerk in contravention of this Part. 77. Transfer of articles of clerkship 77. (1) This section applies if an application is made to the Council by an attorney-at- law or a recognised law entity and that attorney-at-law’s or recognised law entity’s articled clerk for permission to transfer the articles of clerkship of the articled clerk to another attorney-at-law or recognised law entity. (2) The Council may, subject to subsection (3), give permission if the Council considers it proper to give the permission sought under subsection (1). (3) The permission under subsection (2) may be given subject to any conditions the Council may think fit to impose. (4) If articles of clerkship of an articled clerk are transferred to an attorney-at-law or recognised law entity pursuant to permission given under this section, the articled clerk becomes the articled clerk of the attorney-at-law or recognised law entity to which the articles of clerkship are transferred. (5) The articles of clerkship under which the articled clerk was serving immediately before the transfer shall continue to have effect as though the attorney-at-law or recognised law entity to which the articled clerk was transferred had originally been a party to those articles of clerkship. (6) Subsection (5) is subject to any modifications made to the articles of clerkship by the Council. 78. Obligations of attorney-at-law or recognised law entity in relation to an articled clerk 78. (1) If an attorney-at-law or recognised law entity has an articled clerk in that attorney-at-law’s or recognised law entity’s service, the attorney-at-law or recognised law entity shall ensure that during the period of articles of clerkship of the articled clerk, the 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 Cayman Islands law practised by the attorney-at-law or recognised law entity; and (c) participates in courses, workshops or programmes that relate to the areas of Cayman Islands law in which the articled clerk is being trained. c Act 57 of 2020 Page 37 Section 79 Legal Services Act, 2020 (2) If an attorney-at-law or recognised law entity fails to comply with this section and as a result is found guilty of professional misconduct, the attorney-at-law or recognised law entity shall not take any person into that attorney-at-law’s or recognised law entity’s service as an articled clerk until the Council advises the attorney-at-law or recognised law entity otherwise. PART 11 - INVESTIGATION AND DETERMINATION OF ALLEGED PROFESSIONAL MISCONDUCT 79. Application to senior office holders 79. This Part does not apply to any conduct of a person while holding or acting in an office to which section 106 of the Constitution applies or to any other Government attorney-at-law. 80. Complaints of professional misconduct by attorneys-at-law 80. Any person may file with the Council a complaint that any specified conduct of an attorney-at-law constitutes professional misconduct by the attorney-at-law. 81. Legal Services Disciplinary Tribunal 81. (1) There is established a body called Legal Services Disciplinary Tribunal for the purpose of hearing and determining matters referred to it under this Act in respect of alleged professional misconduct by attorneys-at-law. (2) The Disciplinary Tribunal consists of the following members appointed by the Council — (a) a retired judge who shall be the chairperson of the Disciplinary Tribunal; and (b) subject to subsection (3), a panel of seven members appointed on an annual basis who shall be attorneys-at-law of at least ten years’ standing. (3) Where the Council refers a matter to the Disciplinary Tribunal under section 82(12), the chairperson of the Disciplinary Tribunal shall appoint two members of the panel referred to in subsection (2)(b) whom the chairperson considers suitable to comprise the Disciplinary Tribunal for the purpose of hearing and determining the matter. (4) In the exercise of its functions the Disciplinary Tribunal shall not be subject to the direction or control of the Council or any other person. (5) Subject to this Act and the regulations made under subsection (8), the Disciplinary Tribunal shall regulate its own procedures and may make rules governing its procedures. Page 38 Act 57 of 2020 c Legal Services Act, 2020 Section 82 (6) The Disciplinary Tribunal shall publish in the Gazette as well as in such other media as the Disciplinary Tribunal determines notice of any rules made by the Disciplinary Tribunal under this section. (7) The notice under subsection (6) shall state where copies of the rules made by the Disciplinary Tribunal under this section may be obtained. (8) The Cabinet, after consultation with the Council, may make regulations with regard to the conduct of proceedings by the Disciplinary Tribunal and any other matters relating to the Disciplinary Tribunal that the Cabinet may consider necessary. (9) A person shall not participate as a member of the Disciplinary Tribunal and of the Council in relation to the same matter. (10) A member of the Disciplinary Tribunal is not liable for claims, damages, costs, charges or expenses resulting from the discharge or purported discharge of a function of the member as a member of the Disciplinary Tribunal. (11) Subsection (10) does not apply to claims, damages, costs, charges or expenses caused by the bad faith of the member of the Disciplinary Tribunal. 82. Council to investigate complaints 82. (1) The Council shall investigate a complaint filed under section 80. (2) The Council shall, on its own initiative, investigate any conduct of an attorney- at-law if the Council becomes aware that the conduct may constitute professional misconduct by the attorney-at-law. (3) The Council has no power to investigate any conduct by an attorney-at-law that was known or could reasonably have been known by the complainant or Council more than six years before the complaint was made or the Council became aware of the conduct. (4) The Council has the power to do everything reasonably necessary to investigate any conduct of an attorney-at-law that is alleged to constitute professional misconduct. (5) Without prejudice to the generality of the power of the Council under subsection (4), the Council may require the production of a document or any other information from a person who the Council has reasonable grounds to believe can assist in investigating the conduct. (6) A person commits an offence if the person when required to do so under subsection (5), fails or refuses to produce a document or any other information or produces a document or information that is false or misleading. (7) A person who commits an offence under subsection (6) is liable — (a) on summary conviction to a fine of twenty thousand dollars or to imprisonment for a term of two years, or to both; or c Act 57 of 2020 Page 39 Section 83 Legal Services Act, 2020 (b) on conviction on indictment to a fine of fifty thousand dollars or to imprisonment for a term of five years, or to both. (8) The Council shall make rules regarding the procedure for its investigation of the conduct of attorneys-at-law. (9) The rules made under subsection (8) shall set out — (a) the manner in which a complaint may be made to the Council about the conduct of an attorney-at-law; and (b) the manner in which the Council will conduct its investigation into the conduct of an attorney-at-law. (10) The Council shall publish in the Gazette as well as in such other media as the Council determines notice of any rules made by the Council under this section. (11) The notice under subsection (10) shall state where copies of the rules made by the Council under this section may be obtained. (12) Unless the Council, having investigated a complaint filed under section 80 or the conduct of an attorney-at-law on its own initiative under subsection (2), finds that the matter is frivolous or vexatious, the Council shall refer the matter to the Disciplinary Tribunal. 83. Disciplinary Tribunal to hear and determine matter 83. (1) The Disciplinary Tribunal shall hear and determine a matter referred to it under section 82(12). (2) The Disciplinary Tribunal has the power to do everything reasonably necessary to hear and determine a matter referred to it under section 82(12). (3) Without prejudice to the generality of the power of the Disciplinary Tribunal under subsection (2), the Disciplinary Tribunal may do any of the following — (a) convene a hearing to investigate the conduct; (b) issue a summons to compel the attendance of a person at a hearing; (c) require the production of a document or any other information from a person who the Disciplinary Tribunal has reasonable grounds to believe can assist in investigating the conduct; (d) require a person to verify by affidavit a document submitted or information provided to the Disciplinary Tribunal; and (e) examine witnesses on oath, affirmation or otherwise at a hearing. (4) A person commits an offence if the person — (a) fails to comply with a summons issued by the Disciplinary Tribunal under subsection (3)(b); Page 40 Act 57 of 2020 c Legal Services Act, 2020 Section 84 (b) when required to do so under subsection (3)(c), fails or refuses to produce a document or any other information or produces a document or information that is false or misleading; (c) when required to do so under subsection (3)(d), fails or refuses to verify a document submitted or information provided to the Disciplinary Tribunal by affidavit when required to do so by the Disciplinary Tribunal; or (d) as a witness at a hearing by the Disciplinary Tribunal, fails or refuses to answer a question put to the person or provides an answer that is false or misleading. (5) A person who commits an offence under subsection (4) is liable — (a) on summary conviction to a fine of twenty thousand dollars or to imprisonment for a term of two years, or to both; or (b) on conviction on indictment to a fine of fifty thousand dollars or to imprisonment for a term of five years, or to both. (6) Subject to this Act and to regulations made under section 81(8), the Disciplinary Tribunal shall make rules regarding the procedure for hearing and determining a matter referred to it under section 82(12). (7) The rules made under subsection (6) — (a) may provide for preliminary proceedings to be held to determine if sufficient evidence of an attorney-at-law’s conduct exists to show if it may amount to professional misconduct; (b) shall give an attorney-at-law whose conduct is in question a reasonable opportunity to be heard either in person or through counsel; and (c) shall provide that a hearing of the Disciplinary Tribunal is to be held in public unless the Disciplinary Tribunal is of the view that publicity would prejudice the interests of justice or commercial confidence. (8) The Disciplinary Tribunal shall publish in the Gazette as well as in such other media as the Disciplinary Tribunal determines notice of any rules made by the Disciplinary Tribunal under this section. (9) The notice under subsection (8) shall state where copies of the rules made by the Disciplinary Tribunal under this section may be obtained. 84. Disciplinary sanctions 84. (1) If, after hearing and determining a matter referred to the Disciplinary Tribunal, the Disciplinary Tribunal is satisfied that the conduct constitutes professional misconduct by the attorney-at-law, the Disciplinary Tribunal may take one or more of the following actions — (a) order that the name of the attorney-at-law be struck off the Roll; c Act 57 of 2020 Page 41 Section 85 Legal Services Act, 2020 (b) order that the attorney-at-law’s practising certificate be qualified to the effect that the attorney-at-law is not entitled to appear as an advocate before all or any court or to practise in a specific area of law, in either case, permanently or for a specified period; (c) order that the attorney-at-law be suspended from practice 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) reprimand the attorney-at-law; (f) advise the attorney-at-law as to the attorney-at-law’s future conduct; or (g) take no action against the attorney-at-law. (2) Whether or not the Disciplinary Tribunal takes any action against an attorney- at-law, the Disciplinary Tribunal may do either or both of the following — (a) report the conduct of the attorney-at-law to any other professional association having jurisdiction over the attorney-at-law; or (b) order the attorney-at-law to pay the costs of the investigation, which shall be taxed in accordance with the Rules of the Court. 85. Striking off and suspension from practice to be published 85. If the Disciplinary Tribunal orders that the name of an attorney-at-law be struck off the Roll or that an attorney-at-law be suspended from practice, other than for an interim period under section 86, the Clerk of the Court shall publish, in the Gazette as well as in such other media as the Clerk of the Court determines, the name of the attorney-at-law and the fact — (a) that the name of the attorney-at-law has been struck off the Roll; or (b) that the attorney-at-law has been suspended from practice and the period of the suspension. 86. Interim orders 86. (1) If any conduct of an attorney-at-law is being investigated by the Council, the Court may make an interim order that the attorney-at-law be suspended from practice until the investigation has been completed and any subsequent order made by the Disciplinary Tribunal under section 84 has come into effect. (2) If the investigation is into the alleged misuse of a trust fund by the attorney-at- law, the Court, on the application of the Council, may make an order that, until the investigation has been completed and any subsequent order made by the Disciplinary Tribunal under section 84 has come into effect, a trust fund operated by the attorney-at-law shall be operated by an accountant or a bank approved by the Council. Page 42 Act 57 of 2020 c Legal Services Act, 2020 Section 87 87. Restoration of name to Roll 87. (1) If the name of an attorney-at-law was removed from the Roll on the request of the attorney-at-law or on the order of the Disciplinary Tribunal, the former attorney-at-law may at any time apply to the Council for the restoration of the former attorney-at-law’s name to the Roll. (2) Subject to subsection (3), the Council may, after hearing the application under subsection (1), order that the name of the former attorney-at-law be restored to the Roll with or without conditions and any such conditions shall be specified in any practising certificate issued to the attorney. (3) The Council shall not make an order under subsection (2) unless the Council is satisfied that the former attorney-at-law is a fit and proper person to practise as an attorney-at-law. (4) If the Council orders that the name of a former attorney-at-law be restored to the Roll, the Clerk of the Court shall, on payment by the former attorney-at-law of the prescribed fee, restore the name of the attorney-at-law to the Roll and publish, in the Gazette as well as in such other media as the Clerk of the Court determines, a notice specifying — (a) the name of the attorney-at-law; (b) the fact that name of the attorney-at-law is restored to the Roll; and (c) the condition, if any, which the attorney-at-law is subject to under subsection (2). 88. Termination of suspension 88. (1) If an attorney-at-law has been suspended from practice on the order of the Disciplinary Tribunal under section 84, the attorney-at-law may at any time apply to the Council for the suspension to be terminated.

(2) After hearing the application under subsection (1), the Council may, if the Council is satisfied that the attorney-at-law is a fit and proper person to practise as an attorney-at-law, order that the attorney-at-law’s suspension from practice be terminated with effect from a date specified in the order. (3) If the Council orders that an attorney-at-law’s suspension from practice be terminated under this section, the Clerk of the Court shall, on payment by the attorney-at-law of the prescribed fee specified, publish, in the Gazette as well as in such other media as the Clerk of the Court determines, a notice specifying the name of the attorney-at-law, the fact that the attorney-at-law’s suspension from practice has been terminated and the date from which the termination has effect. c Act 57 of 2020 Page 43 Section 89 Legal Services Act, 2020 89. Form and proof of order of Council or Disciplinary Tribunal 89. (1) A document purporting to be an order of the Council and purporting to be signed on its behalf by the Chief Justice shall, in the absence of evidence 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 entitled to sign the order. (2) A document purporting to be — (a) an order of the Disciplinary Tribunal; and (b) signed on its behalf by the chairperson of the Disciplinary Tribunal, shall, in the absence of evidence to the contrary, be taken to be an order of the Disciplinary Tribunal duly made, without proof of its making, or proof of signature, or proof that the person signing the order was entitled to sign the order. 90. Certain orders to be filed in Court 90. (1) An order of the Council or Disciplinary Tribunal under this Act — (a) that the name of an attorney-at-law be struck off the Roll; (b) that the name of a person be restored to the Roll; (c) that an attorney-at-law be suspended from practice, other than by an interim order made under section 86; or (d) that the suspension of an attorney-at-law from practice be terminated, shall be filed with the Clerk of the Court. (2) An order referred to in subsection (1) takes effect and is enforceable as if it were an order of the Court. (3) If an order referred to in subsection (1) is — (a) that an attorney-at-law’s name be struck off the Roll; or (b) that the attorney-at-law be suspended from practice, the order shall not take effect until the expiry of the time allowed for appeal under section 92, but, if an appeal is commenced, until the appeal is determined or withdrawn. (4) An order filed under this section may be inspected by a person during office hours of the Court Office without payment of a fee. 91. Enforcement of order of Disciplinary Tribunal 91. If the Disciplinary Tribunal makes an order that imposes a fine or provides for the payment of costs, the fine or payment has effect as if it were a debt due to the Crown. Page 44 Act 57 of 2020 c Legal Services Act, 2020 Section 92 92. Appeals 92. (1) An attorney-at-law may appeal to the Court of Appeal against an action taken by the Disciplinary Tribunal under section 84. (2) An appeal under subsection (1) shall be by way of a new hearing in respect of the conduct of the attorney-at-law that the Disciplinary Tribunal has determined constituted professional misconduct by the attorney-at-law. (3) A person aggrieved by a decision of the Council may, with leave of the Court of Appeal, appeal to the Court of Appeal against the decision of the Council. (4) An appeal under this section shall be made within such time and in such form as may be prescribed by Rules of the Court of Appeal. (5) On hearing an appeal under this section, the Court of Appeal may confirm, reverse, or modify the action taken by the Council or Disciplinary Tribunal. 93. Trusteeships held by attorney-at-law suspended or struck off 93. (1) If an attorney-at-law is suspended from practice or if the name of the attorney- at-law is struck off the Roll, the Council may serve a notice signed by two members of the Council requiring the person upon whom the notice is served to supply to the Council, in so far as it is practicable to do so — (a) a list showing any wills in which the attorney-at-law is appointed as a trustee, and the names and addresses of the testators; (b) a list of any other trusteeships that are held by the attorney-at-law under any trust or are to be held by the attorney-at-law on the occurrence of any event and the beneficiaries under the trusts; (c) if the attorney-at-law is a sole practitioner, details of the client funds held by the attorney-at-law; and (d) any other particulars as may be necessary to enable the Council to exercise its powers under subsection (3). (2) The notice under subsection (1) shall be served — (a) on the attorney-at-law or on a person carrying on the attorney-at-law’s practice; or (b) if the attorney-at-law is a partner, member, employee, associate or consultant of a law firm, on the law firm or on a partner, member, employee, associate or consultant of the law firm. (3) After the Council receives the list required under subsection (1), the Council may, notwithstanding anything to the contrary under this Part, notify — (a) a testator named in the list; (b) a beneficiary named in the list; or c Act 57 of 2020 Page 45 Section 94 Legal Services Act, 2020 (c) a person having power to appoint or remove the trustees in respect of a trust mentioned in the list, that the attorney-at -law has been suspended from practice or that the name of the attorney-at -law has been struck off the Roll. (4) In this section, “trust” means a trust of any kind and includes the duties incidental to the office of a personal representative. (5) A person who, without lawful justification or excuse, fails or refuses to comply with the requirement of a notice under this section served commits an offence and liable — (a) on summary conviction to a fine of twenty thousand dollars or to imprisonment for a term of two years, or to both; or (b) on conviction on indictment to a fine of fifty thousand dollars or to imprisonment for a term of five years, or to both. 94. Attorney-at-law shall comply with conditions and restrictions 94. An attorney-at-law who practises law in contravention of a condition or restriction specified in the attorney-at-law’s practising certificate commits an act of professional misconduct. 95. Council to inform police of possible offence 95. If, when investigating the conduct of an attorney-at-law, it appears to the Council that the attorney-at-law or any other person may have committed an offence the Council shall refer the matter to the police. PART 12 - MISCELLANEOUS 96. Practice in the Islands of the law of another jurisdiction 96. (1) A person shall not practise in the Islands the law of another jurisdiction without the consent of the Council and a person who acts in contravention of this subsection commits an offence and is liable on summary conviction to a fine of fifty thousand dollars. (2) For the purposes of subsection (1), a person practises the law of another jurisdiction if — (a) the person practises that law for or in expectation of gain or reward; or (b) the person holds that person out as prepared to practise the law of another jurisdiction. (3) An application for consent under subsection (1) shall be made to the Council on a form approved by the Council. (4) The application shall be accompanied by — Page 46 Act 57 of 2020 c Legal Services Act, 2020 Section 96 (a) the prescribed application fee; (b) evidence sufficient to show that the person is practising the law of another jurisdiction; (c) evidence that the person is qualified to practise the law of another jurisdiction; and (d) evidence that the person is a fit and proper person to practise the law of another jurisdiction. (5) The Council may give consent if the Council is satisfied — (a) that the person is practising the law of another jurisdiction; (b) that the person is a suitable person to practise that law and is qualified to practise that law; and (c) that to give consent would not be prejudicial to the interests of the Islands. (6) If the Council gives consent, the Council shall issue a certificate of consent to the person in the form approved by the Council. (7) The form shall specify — (a) the name of the person and the address in the Islands where the person practises the law of the other jurisdiction; and (b) the jurisdiction in respect of which the person practises that law. (8) The Council shall also publish a notice stating — (a) that the person has been given consent under this section; (b) the name of the person; and (c) the jurisdiction in respect of which the consent has been given. (9) The Council may cancel the consent given to a person under this section by written notice to the person if the Council is satisfied that — (a) the person has ceased to have any of the qualifications necessary to be given the consent; or (b) the practice of the law of another jurisdiction by the person has become prejudicial to the interests of the Islands. (10) If the Council refuses to give consent to a person or cancels the consent given to a person, the person may, within thirty days of being given notice of the refusal or cancellation, with leave of the Court of Appeal, appeal to the Court of Appeal against the refusal or cancellation on the grounds that the refusal or cancellation was unreasonable having regard to all the circumstances. (11) A person with consent given under this section is not required to be licensed under the Trade and Business Licensing Act (2019 Revision) or the Local Companies (Control) Act (2019 Revision). c Act 57 of 2020 Page 47 Section 97 Legal Services Act, 2020 97. False or misleading information 97. (1) A person shall not knowingly or wilfully provide false or misleading information in an application, notification, notice or filing under this Act. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of twenty-five thousand dollars or to imprisonment for a term of five years, or to both. 98. Liability of officers 98. (1) If an offence under this Act that has been committed by a partnership, limited liability partnership or body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any wilful neglect on the part of a person — (a) who is a partner of the partnership or limited liability partnership, or a director, manager, secretary or other similar officer of the body corporate; or (b) who is purporting to act in any such capacity, that person also commits the offence and is liable to be proceeded against and punished accordingly. (2) If the affairs of a body corporate are managed by that body corporate’s members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with the member. 99. Regulations 99. (1) The Cabinet may, after consultation with the Council, make regulations — (a) prescribing anything that may be prescribed under this Act; (b) providing for access to the legal profession and training and development of attorneys-at-law; or (c) providing for such matters as may be necessary or convenient for carrying out or giving effect to this Act and its administration. (2) Without prejudice to the generality of subsection (1), regulations made under subsection (1)(b) may make provisions giving the Council the power to assess and monitor compliance with such regulations and, the provisions may include provisions giving the Council the power to delegate the power to assess and monitor compliance with the regulations to another person. (3) Regulations made under this Act may — (a) make different provision in relation to different cases or circumstances; (b) contain such transitional, consequential, incidental or supplementary provisions as appear to Cabinet to be necessary or expedient for the purposes of such regulations; or Page 48 Act 57 of 2020 c Legal Services Act, 2020 Section 100 (c) create an offence punishable by a fine not exceeding ten thousand dollars. 100. Repeal and savings 100. (1) Subject to subsection (2), the Legal Practitioners Act (2015 Revision) is repealed. (2) The Legal Practitioners (Students) Regulations (2018 Revision) shall continue in force with the necessary modifications until they are repealed by regulations made under section 99. 101. Savings, transitional and consequential provisions 101. (1) The Cabinet may make regulations to provide for such savings, transitional and consequential provisions to have effect in connection with the coming into force of any provision of this Act as are necessary or expedient. (2) Regulations made under subsection (1) may be given retrospective operation to a day not earlier than the day that this Act comes into force.9 Passed by the Parliament the 16th day of December, 2020. Hon. W. McKeeva Bush Speaker Zena Merren-Chin Clerk of the Parliament c Act 57 of 2020 Page 49