Cayman Government Seeks More Comment On Legal Practitioners Bill

by Amanda Banks, for LawAndTax-News.com, London

06 August 2007

The Cayman Islands government is giving the public one last opportunity to comment on a legal practitioners bill which proposes to bring about fundamental changes affecting the legal profession in the jurisdiction.

Attorney General Samuel Bulgin said that the closing date for submitting comments on the Legal Practitioners Bill 2007, which may be transmitted by email or delivered to the Government Administration Building, is Friday, 24 August. Both the bill and the Law Reform Commission's report on the bill are available on the Government's and the Judicial and Legal websites.

The Commissioners' report, together with a draft bill, was recently submitted to the Governor-in-Cabinet for consideration. The Cabinet agreed that, before it makes a final determination on the matter, the public should be afforded one final opportunity to comment on the report and the bill.

"This proposed new law, if enacted in its current form, will bring about fundamental changes that will affect the entire legal profession in this jurisdiction," Bulgin commented. "It is therefore of paramount importance that members of this profession as well as others provide comments so that the Government can feel assured that in going forward with the legislation, as many views as possible would have been taken into account."

The Legal Practitioners Bill aims to provide for more modern regulation and discipline of the legal profession in the Cayman Islands.

The first draft of the Legal Practitioners Bill was prepared by the Legislative Drafting department following instructions from Bulgin in 2003. Material for the draft was based on proposals by the Caymanian Bar Association and the Cayman Islands Law Society.

Bulgin and Chief Justice Anthony Smellie reviewed the draft in 2004 and instructed on further revisions. In 2005, the Attorney General referred the Bill to the Law Reform Commission for further review. The Commission invited the renewed participation of the Law Society and the Bar Association. One law firm, Appleby Spurling Hunter, also made submissions.

Two major inserts in the draft that are not contained in the current law provide for establishment of a Complaints Committee to hear grievances against practicing attorneys-at-law. The other proposed transformation introduces a Disciplinary Tribunal that is empowered to hear complaints against these professionals and if they are found guilty, impose penalties of fines and/or disbarment. Action taken against such legal practitioners will also be reported to the sanctioning authority in any other jurisdiction that the person practices.

Also set out in the Bill is a detailed Code of Professional Conduct which will regulate an attorney's personal conduct, as well as his relationship with his client, the public and the courts.

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