Parts of the Legal Services Act, which replaces the Legal Practitioners Act, come into effect today, 14 Oct., paving the way for the establishment of a council to regulate legal practice in the Cayman Islands.
The Legal Services Act was passed by legislators in December 2020 and gazetted in January last year after a number of unsuccessful efforts to reform legislation governing the regulation of legal practitioners over the past two decades.
While some of the more controversial sections of the act have yet to be fully implemented, Parts 1 and 2 commence today, after being approved by Cabinet this week. These parts of the law allow for the establishments of a Legal Services Council and for appointments to be made to the council.
The Legal Services Council will replace the existing Cayman Attorneys Regulatory Association.
There are 10 other parts of the act, which cover elements such as the investigation of misconduct by legal practitioners, who can practise Cayman law and from where, and qualifications necessary to practise law in Cayman.
“Once the Council, supported by members of the profession, do the foundational work, they may identify aspects which can be improved upon and the process still offers us an opportunity to make adjustments before full commencement of the LSA,” Premier Wayne Panton said in a statement.
He added, “We have struggled with the issue of trying to regulate the modern dynamic practice of Cayman Islands law using a 1969 legislative framework, which has been wholly inadequate. The status quo is an injustice to the profession, the jurisdiction, and the interests of Caymanian lawyers and we must move forward with the commencement of the LSA.
“If further amendments appear necessary over time, in the interests of all stakeholders then we must be committed to those as well.”
According to the government statement relating to the commencement of the act, the council, once established, would be able to make the preparations and administrative arrangements necessary “to facilitate the orderly commencement” of the remaining sections of that law.
Seven members
The new council will consist of seven members: the chief justice; the attorney general; a Caymanian non-practising attorney-at-law appointed by the premier; a Caymanian non-practising attorney-at-law appointed by the leader of the opposition; two Caymanian practising attorneys-at-law appointed by the premier after consultation with the bodies representing the legal profession; and a Caymanian practising attorney-at-law appointed by the leader of the opposition after consultation with the bodies representing the legal profession.
Section 99 of the act also commenced today, allowing Cabinet to make associated regulations, while Section 101 facilitates transitional provisions to move from the current Legal Practitioners Act, which was enacted in 1969, to the new Legal Services Act.
“The Commencement of Parts 1 and 2, and Sections 99 and 101 is an important preliminary step, which essentially brings the Council to life and allows the Council to begin the substantial amount of work still to be done to facilitate an orderly commencement of the remaining aspects of the LSA. This includes the regulations, fee structure, the immigration requirements, operational procedures and disciplinary rules, amongst other things,” Panton said.
He said the commencement of these sections of the act will help members of the legal profession, including members of the Cayman Islands Legal Practitioners Association and non-CILPA members “to collaborate on methods to assist the Council in commencing the remaining LSA sections, accompanying regulations, and other practical matters”.
The statement noted that members of the legal profession “will need to provide input into how the work of the Cayman Attorneys Regulatory Association will be subsumed by the work of the Council and eventually, CARA will cease to exist”.
The statement noted, “The controversial sections have not yet come into effect.”
Related Videos
