{"kind":"expression","expression":{"expr_id":"2256","doc_id":"2256","label":"Citation of Acts of Parliament Act","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/bill\/2020\/56\/eng@2020-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/bill\/2020\/56\", \"expression\": \"\/akn\/ky\/bill\/2020\/56\/eng@2020-01-01\", \"manifestation\": \"\/akn\/ky\/bill\/2020\/56\/eng@2020-01-01.pdf\"}, \"pdf\": {\"md5\": \"d9b3edab2c9b2b731228e2311cee0c9f\", \"path\": \"\/Users\/q\/kyleg-data\/working\/BILLS\/2020\/2020-0056\/2020-0056.pdf\", \"pages\": 58, \"filename\": \"2020-0056.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 20274, \"paragraph_count\": 102, \"text_char_count\": 129399}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": null, \"doc\": null, \"bill\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"LEGAL SERVICES BILL, 2020 A BILL FOR A LAW TO REPEAL AND REPLACE THE LEGAL PRACTITIONERS LAW (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 Introduced PUBLISHING DETAILS Sponsoring Ministry\/Portfolio: Portfolio of Legal Affairs (PLA) Legal Services Bill, 2020 Objects and Reasons Introduced Memorandum of OBJECTS AND REASONS This Bill seeks to repeal and replace the Legal Practitioners Law (2015 Revision) to establish the Legal Services Board, 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 to provide for incidental and connected purposes. Part 1 contains clauses 1 and 2 which deal with preliminary matters. Clause 1 contains the short title and commencement provisions. Clause 2 provides definitions for words used throughout the legislation. Part 2 contains clauses 3 to 23 which provide for the establishment, functions and powers of the Cayman Islands Legal Services Board (the \u201cBoard\u201d). Clause 3 establishes the Board. Clause 4 provides for the constitution of the Board so that the Board consists of four members as follows \u2014 (a) the Chief Justice; (b) the Attorney General; (c) a non-practising attorney-at-law appointed by the Premier; and (d) a non-practising attorney-at-law appointed by the Leader of the Opposition. Clause 5 provides for the Board\u2019s functions which include the following \u2014 (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 of the Board under the Proceeds of Crime Law (2020 Revision), in relation to attorneys-at-law, in accordance with the assignment of the Board as the Supervisory Authority under section 4(9) of that Law; and (h) to carry out such other functions as are imposed on the Board by this Law or any other Law. Objects and Reasons Legal Services Bill, 2020 Introduced Clause 5 also gives Board the power to establish committees for the purposes of advising on, or performing, any of the Board\u2019s functions under this legislation or any other Law. The committees may comprise members of the Board only or members of the Board and persons who are not members of the Board. The Board is given the power, with the approval of the Cabinet and by written instrument, to delegate to any committee of the Board or other person any of its functions under the Law or any other Law to together with any powers (except this power of delegation) which the Board determines is necessary or expedient to enable the person or the committee to carry out the delegate function. Clause 6 gives the Board ancillary powers in relation to the carrying out of its functions. Clause 7 provides for the appointment and employment of a Secretary to the Board and such other public officers as the Deputy Governor, after consultation with the Attorney General, thinks are necessary for assisting the Board in the proper performance of its functions under this Law. Clause 8 provides for an appointed member to hold office for five years on terms and conditions determined by the Premier or Leader of the Opposition, as the case may be. An appointed member is eligible for re-appointment for one additional period of three years. Clause 9 allows for acting appointments to be made where a member is absent or unable to act. Clause 10 permits an appointed member to resign from office by letter addressed to the Chief Justice. Clause 11 gives the Premier or Leader of the Opposition, as the case may be, the power to revoke the appointment of an appointed member after consulting the other members of the Board. Clause 12 provides for the filling of a vacancy in the office of an appointed member. Clause 13 requires the Clerk of the Court to publish, both 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. Clause 14 gives the Board the power to regulate its practice and procedures. Clause 15 provides for meetings of the Board. The Board has the power to co-opt any person whom it considers able to assist in its deliberations. Clause 16 protects members of the Board and members of committees of the Board from liability against claims, damages, costs, charges or expenses resulting from the discharge or purported discharge of a function of the member as a member of the Board where the claims, damages, costs, charges or expenses are not caused by the bad faith of the member. Legal Services Bill, 2020 Objects and Reasons Introduced Clause 17 requires a member of the Board to disclose the fact that the member has a conflict of interest in a matter before the Board. Clause 18 provides for an appointed member to be paid an allowance. Clause 19 provides for allowances and other administrative expenses paid or incurred by the Board, or any committee or other person referred to in section 5(3), in carrying out the functions of the Board to be paid out of the general revenue of the Islands. Clause 20 requires the Board to keep proper accounts. Clause 21 requires the Board, within three months of the start of each financial year, to prepare and submit to the Cabinet an annual report on the manner in which the Board performed its functions during the preceding financial year. Clause 22 gives the Chief Justice the power to assign to the Clerk of the Court such functions as the Chief Justice thinks necessary for the proper carrying out by the Board of its functions. Clause 23 provides for the seal of the Board to be authenticated by the Chief Justice and for a document of the Board not under seal to be executed by an officer of the Board appointed to do so. Part 3 contains clauses 24 to 28 which make provision for the practice of Cayman Islands law. Clause 24 prohibits a person from practising Cayman Islands law, in the Islands or in another jurisdiction except as provided in the legislation. Clause 24 also provides that 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 Cayman Islands. A person also practises Cayman Islands law if the person holds himself or herself as qualified to provide legal services for gain or reward. Clause 24 sets out the circumstances in which a person is not to be taken as practising Cayman Islands law. Clause 25 permits an attorney-at-law who holds a practising certificate to practise Cayman Islands law subject to compliance with the legislation. The practice of Cayman Islands law by an attorney-at-law in another jurisdiction with an affiliate is also subject to compliance with the law of that jurisdiction. Clause 26 permits a recognised law entity to practise Cayman Islands law in the Islands subject to compliance with the legislation. The practice of Cayman Islands law by a recognised law entity in another jurisdiction with an affiliate is also subject to compliance with the law of that jurisdiction. Clause 27 provides exemptions from the Law in respect of the rights in connection with the duties of offices of the Attorney General or the Director of Public Prosecutions to act as an advocate or the privileges of the Attorney General or Director of Public Prosecutions. Objects and Reasons Legal Services Bill, 2020 Introduced Clause 28 provides an exemption from Part 3 for a person, whether or not an attorney-atlaw, who has statutory authority to practise Cayman Islands law. Clause 28 also provides that nothing in Part 3 prohibits an attorney-at-law from establishing that attorney-at-law as a law firm or as a member or partner of a law firm except that \u2014 (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 must be a Caymanian; (b) in the case of a law firm that is a partnership practising Cayman Islands law, at least one partner of the partnership must be an attorney-at-law who is Caymanian; or (c) in the case of a law firm that is a recognised law entity, at least one member or partner of the recognised law entity must be an attorney-at-law who is Caymanian. Part 4 contains clauses 29 to 36 which make provision for admission of an attorney-at-law. Clause 29 gives a judge the power to admit a person as an attorney-at-law. A judge must not admit a person as an attorney-at-law unless the judge is satisfied that the person meets the eligibility criteria set out in that provision, including specific personal qualifications and professional qualifications. Clause 30 sets out the personal qualifications required for admission as an attorney-at-law so that to be admitted a person must \u2014 (a) be a Caymanian; (b) hold a work permit or a Residency and Employment Rights Certificate or otherwise be entitled under the Immigration (Transition) Law, 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 (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. Clause 31 requires that to be admitted as an attorney-at-law a person must satisfy a judge that the person is not an undischarged bankrupt, has not engaged in conduct that would constitute an act of professional misconduct under this Law and is not disbarred for professional misconduct from practising law in another other jurisdiction. Clause 32 sets out the professional qualifications required for admission as an attorney-atlaw, including local and foreign qualifications. Clause 33 requires a person a person to have had at least five years post-qualification experience in the practice of law in another jurisdiction in order to be admitted as an attorney-at-law by virtue of a foreign qualification. The person must also be in good standing on a register or its equivalent maintained by a court or other relevant body of the relevant jurisdiction that contains the name of each person entitled to practise law in that Legal Services Bill, 2020 Objects and Reasons Introduced jurisdiction. The post-qualification experience requirements do not apply if the person is Caymanian or the holder of a Residency and Employment Rights Certificate. Clause 34 provides for an application for admission to be made by motion to the Court and provides for a prescribed admission fee and documentary evidence to be submitted in support of the application. Clause 35 provides for an application to be made to a judge to permit a person to come to the Islands to carry out the functions of an attorney-at-law in a particular suit or matter. The application must be made by a law firm. Part 5 contains clauses 36 to 47 which provide for matters relating to attorneys-at-law. Clause 36 provides that an attorney-at-law is an officer of the Court. Clause 36 also prohibits an attorney-at-law from appearing on behalf of another person in a court, tribunal or inquiry in the Islands if the attorney-at-law holds a practising certificate that only authorises the attorney-at-law to practise Cayman Islands law in another jurisdiction. However, the prohibition does not apply to an attorney-at-law who is Caymanian. Clause 37 requires an attorney-at-law or recognised law entity to comply with an obligation imposed on the attorney-at-law or recognised law entity under the Law and a failure to comply with an obligation amounts to professional misconduct and accordingly may be the subject of disciplinary proceedings. Clause 37 also requires the Cabinet, after consultation with the Board, by Order published in the Gazette, to issue a Code of Professional Conduct for attorneys-at-law and recognised law entities. An attorney-at-law or a recognised law entity is required to observe the Code of Professional Conduct. A failure to comply with that requirement does not amount to professional misconduct, but 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. Clause 38 requires the Clerk of the Court to keep a register to be known as the Court Roll (\u201cthe Roll\u201d) in respect of each person admitted for the time being to practise as an attorneyat-law. Clause 39 requires the Clerk of the Court to keep the Roll and documents relating to it at the Court and to permit a person to inspect the Roll free of charge if the Office of the Court is open. Clause 40 provides for the grant of a certificate of enrolment upon the name of a person being entered in the Roll. The certificate of enrolment is granted under the seal of the Court and must be signed by the Clerk of the Court. Clause 41 provides for the alteration in enrolment details of an attorney-at-law. Clause 42 permits the voluntary removal from the Roll of an attorney-at-law upon application to the Clerk of the Court Objects and Reasons Legal Services Bill, 2020 Introduced Clause 43 provides for the removal of the name of an attorney-at-law from Roll for nonpractice. Clause 44 provides for the keeping on the Roll of the name of an attorney-at-law who is Caymanian or employed by a law firm or an affiliate of a law firm and who does not wish to practise Cayman Islands law but wishes to keep his or her name on the Roll. Clause 45 imposes an obligation on a law firm to inform the Clerk of the Court if a law firm or an affiliate of a law firm ceases to employ in another jurisdiction an attorney-atlaw who is not a Caymanian. The managers of the law firm must ensure that the law firm complies with the obligation. If a law firm fails to comply with the obligation each manager of the firm commits an offence and liable on summary conviction to a fine of five thousand dollars. Clause 46 gives an attorney-at-law the power to administer oaths. Clause 47 gives an attorney-at-law and a recognised law entity the power to sue for fees and costs. Part 6 contains clauses 48 to 52 which provide for practising certificates. Clause 48 prohibits an attorney-at-law from practising Cayman Islands law in the Islands unless the attorney-at-law holds a practising certificate that authorises the attorney-at-law to practise Cayman Islands law principally in the Islands. Clause 48 also prohibits an attorney-at-law from practising Cayman Islands law in another jurisdiction unless the attorney-at-law holds a practising certificate that authorises the attorney-at-law to practise Cayman Islands law principally in another jurisdiction. Clause 49 provides for an attorney-at-law to obtain a practising certificate on application to the Board and payment of the prescribed practising certificate fee. Clause 50 provides for the Board to issue a practising certificate. The Board is required to issue and publish guidance on matters that the Board must have regard to in issuing a practising certificate, including \u2014 (a) the number of practising certificates that are in issue to attorneys-at-law practising Cayman Islands law in another jurisdiction with affiliates of the law firm; and (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\u2019s principal place of practice during the currency of the practising certificate; (c) the jurisdiction that will be the attorney-at-law\u2019s 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 Law and regulations made under this Law. Clause 50 provides that the Board shall not issue a practising certificate that authorises an attorney-at-law to practise Cayman Islands law in another jurisdiction if the total number Legal Services Bill, 2020 Objects and Reasons Introduced 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. Clause 50 also provides that the Board must 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. Further, a practising certificate must be in a form approved by the Board and 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. Clause 51 provides for a practising certificate issued to an attorney-at-law to become void in certain circumstances. Clause 52 requires the Board to publish details of practising certificates. Part 7 contains clauses 53 to 62 which provide for the recognition of a company or limited liability partnership as a recognised law entity. Clause 53 provides for applications for recognition of a company or limited liability partnership as a recognised law entity. Clause 54 gives the Board the power to recognise a company or limited liability partnership as a recognised law entity if the Board is satisfied that the company or limited liability partnership complies with clause  28(2)(c) and is otherwise satisfied that the company or limited liability partnership is a suitable body to practise Cayman Islands law. Clause 55 provides for the issue of a certificate of recognition to a company or limited liability partnership recognised as a recognised law entity. Clause 56 provides for appeals against refusal of recognition of a company or limited liability partnership as a recognised law entity. Clause 57 requires a recognised law entity, within sixty days after a change in its directors, managers, members or partners, to notify the Board of the change. Clause 58 restricts a recognised law entity from carrying on any business other than the practice of Cayman Islands law in the Islands. However, a recognised law entity may, with the approval of the Board, carry on a business associated with its practice of Cayman Islands law. A recognised law entity that fails to comply with the restriction ceases to be a recognised law entity. Clause 59 permits a recognised law entity to carry on business under a name that does not include the word \u201cLimited\u201d, or the abbreviation \u201cLtd.\u201d, if it holds itself out to be a recognised law entity. Clause 60 provides that a recognised law entity ceases to be a recognised law entity if a winding up order under the Companies Law (2020 Revision) or the Limited Liability Partnership Law, 2017 is made in respect of it. Objects and Reasons Legal Services Bill, 2020 Introduced Clause 61 makes each director, manager or member of a company or limited liability partnership who is an attorney-at-law guilty of professional misconduct if the company or limited liability partnership ceases to be a recognised law entity but continues to practise Cayman Islands law. As soon as practicable after the Board becomes aware that a company or limited liability partnership has ceased to be a recognised law entity, the Board must publish the name of the company or limited liability partnership and the fact that it has ceased to be a recognised law entity. Clause 62 makes it an offence for a company or limited liability partnership to falsely claim to be a recognised law entity. Part 8 contains clauses 63 to 66 which provide for matters in respect of law firms. Clause 63 makes it a criminal offence for an attorney-at-law to practise Cayman Islands law in another jurisdiction otherwise than with a law firm or with an affiliate of a law firm. The punishment for the offence is fine of fifty thousand dollars or imprisonment for a term of two years, or both. Clause 64 requires a law firm to have an annual operational licence to practise Cayman Islands law. Clause 65 gives the Cabinet the power, after consultation with the Board, to 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 the Law. Clause 66 requires a law firm, on or before 31st January in each year, to deliver to the Board a certificate indicating whether or not the law firm has, during the previous year complied with each obligation imposed on the law firm by the Law and where the law firm is a recognised law entity, complied with the criteria to maintain its status as a recognised law entity. The annual compliance certificate must be signed by a manager of the law firm. If a law firm fails to comply with a requirement of this provision each manager of the firm commits an offence and liable on summary conviction to a fine of five thousand dollars. Part 9 contains clauses 67 to 70 which deal with legal education and practical legal training for local qualification for enrolment of an attorney-at-law. Clause 67 gives the Board the power to designate a legal educator as a recognised legal educator if the Board is satisfied that it has the facilities required to provide legal education or practical legal training to a standard required by Part 9. Clause 68 gives the Board the power to 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. The Cabinet is given the power, after consultation with the Board, to make regulations relating to matters connected with the Board\u2019s functions under section 68(1). Legal Services Bill, 2020 Objects and Reasons Introduced Clause 68 also gives the Board the power to make arrangements requiring a person admitted as an attorney-at-law to participate in a programme of legal education or practical legal training. The Cabinet is given the power, after consultation with the Board, to make regulations relating to matters connected with the Board\u2019s functions under clause 68(1) and (2). Clause 69 provides for regulations in respect of qualifying as an attorney-at-law. Clause 70 provides for regulations to be made in respect of a programme of legal education or practical legal training. Part 10 contains clauses 71 to 80 which provides for matters in respect of articles of clerkship. Clause 71 gives the Cabinet the power, after consultation with the Board, to make regulations in respect of service under articles of clerkship. Clause 72 specifies the qualifications required for an attorney-at-law to take an articled clerk into the attorney-at-law\u2019s service. Clause 73 gives a recognised law entity permission to take an articled clerk into the service of the recognised law entity. Clause 74 gives the Attorney General, Director of Public Prosecutions and Clerk of the Court permission to take an articled clerk into their respective service. Clause 75 gives the Board the power to certify that time spent by a person in a legal or judicial department of the public service performing duties is equivalent to a similar time spent in the service of an attorney-at-law under articles of clerkship. Clause 76 gives the Board the power to discharge articles of clerkship in certain circumstances. Clause 77 provides or the transfer of articles of clerkship. Clause 78 sets out the obligations of an attorney-at-law or a recognised law entity in relation to an articled clerk. Part 11 contains clauses 79 to 95 which provide for the investigation of alleged misconduct by an attorney-at-law. Clause 79 exempts from the application of Part 11 any conduct of a person while holding or acting in an office to which section 106 of the Constitution applies. Clause 80 permits a person to file with the Board a complaint that any specified conduct of an attorney-at-law constitutes professional misconduct by the attorney-at-law. Clause 81 imposes a duty on the Board to investigate a complaint filed under clause 81. Clause 82 requires the Board to make and publish rules in respect of the process for its investigation of the conduct of attorneys-at-law. Objects and Reasons Legal Services Bill, 2020 Introduced Clause 83 gives the Board the power to do everything reasonably necessary to investigate any conduct of an attorney-at-law that is alleged to constitute professional misconduct. Clause 84 provides disciplinary sanctions for professional misconduct by an attorney-atlaw. Clause 85 requires the publication of a striking off and suspension from practice of an attorney-at-law to be published. Clause 86 gives the Board the power to make an interim order to suspend from practice an attorney-at-law being investigated by the Board until the investigation has been completed and any subsequent order made by the Board under clause 86 has come into effect. Clause 87 provides for the restoration of name of an attorney-at-law to Roll. Clause 88 provides for the termination of suspension of an attorney-at-law. Clause 89 provides for the form and proof of an order of the Board. Clause 90 requires certain orders of the Board to be filed with the Clerk of the Court. Clause 91 provides for a fine or payment of costs imposed by an order of the Board to have effect as if it were a debt due to the general revenue of the Islands. Clause 92 entitles an attorney-at-law to appeal to the Court of Appeal against an action taken by the Board under section 85. Clause 93 provides for the notification of the suspension or striking off of an attorney-atlaw to parties related to a trusteeship held by the attorney-at law. Clause 94 makes an attorney-at-law guilty of professional misconduct if the attorney-atlaw practises law in contravention of a condition or restriction specified in the attorney-atlaw\u2019s practising certificate. Clause 95 requires that if, when investigating the conduct of an attorney-at-law, it appears to the Board that the attorney-at-law or any other person may have committed an offence the Board must refer the matter to the police. Part 12 contains clauses 96 to 101 which are miscellaneous provisions. Clause 96 provides for practice in the Islands of the law of another jurisdiction. Clause 97 makes it an offence to knowingly or wilfully provide false or misleading information in an application, notification, notice or filing under the legislation. The punishment for such an offence is a fine of ten thousand dollars or imprisonment for a term of five years, or both. Clause 98 provides for the liability of partners of officers of a limited liability partnership or officers of a body corporate where an offence is committed by the limited liability partnership or the body corporate. Legal Services Bill, 2020 Objects and Reasons Introduced Clause 99 gives Cabinet the power, after consultation with the Board, to make regulations prescribing anything that may be prescribed under the Law, providing for access to the legal profession and training and development of attorneys-at-law or providing for such matters as may be necessary or convenient for carrying out or giving effect to the legislation and its administration. Clause 100 repeals the Legal Practitioners Law (2015 Revision) and saves the Legal Practitioners (Students) Regulations (2018 Revision). Clause 101 gives the Cabinet the power to 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 Law as are necessary or expedient. The Regulations may be given retrospective operation to a day not earlier than the day that the Law comes into force. Legal Services Bill, 2020 Arrangement of Clauses Introduced LEGAL SERVICES BILL, 2020 Arrangement of Clauses Clause PART 1 - PRELIMINARY 1.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"PART 2 - THE CAYMAN ISLANDS LEGAL SERVICES BOARD 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Arrangement of Clauses Legal Services Bill, 2020 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"PART 3 - THE PRACTICE OF CAYMAN ISLANDS LAW 24. 25. 26. 27.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"PART 4 - ADMISSION AS AN ATTORNEY-AT-LAW 29. 30. 31. 32. 33. 34.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"PART 5 - ATTORNEYS-AT-LAW 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_47\", \"num\": \"47.\", \"text\": \"PART 6 - PRACTISING CERTIFICATES 48.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_49\", \"num\": \"49.\", \"text\": \"51. 52. PART 7 - RECOGNISED LAW ENTITY 53. 54. 55. 56. 57. Legal Services Bill, 2020 Arrangement of Clauses Introduced 58. 60. 61. 62. PART 8 - LAW FIRMS 63. 64. 65. 66. PART 9 - LOCAL EDUCATION AND TRAINING 67. 68. 69. PART 10 - ARTICLES OF CLERKSHIP 71. 72. 73. 74. 75. 76. 77. 78. PART 11 - INVESTIGATION OF ALLEGED PROFESSIONAL MISCONDUCT 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. Arrangement of Clauses Legal Services Bill, 2020 Introduced 95. PART 12 - MISCELLANEOUS 96. 97. 98. 99. Legal Services Bill, 2020 Clause 1 Introduced LEGAL SERVICES BILL, 2020 A BILL FOR A LAW TO REPEAL AND REPLACE THE LEGAL PRACTITIONERS LAW (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\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement 1. (1) This Law may be cited as the Legal Services Law, 2020. (2) This Law shall come into force on such date as may be appointed by Order made by the Cabinet and different provisions of this Law may be brought into force on different days and for different purposes. 2. Interpretation 2. (1) In this Law \u2014 \u201cacting member\u201d means an attorney-at-law appointed to act in the place of the appointed member under section 9(1); \u201caffiliate\u201d, in respect of a law firm, means a person engaged in the practice of Cayman Islands law in another jurisdiction which \u2014 Clause 2 Legal Services Bill, 2020 Introduced (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; \u201canother jurisdiction\u201d means any jurisdiction other than the Islands and \u201cother jurisdictions\u201d shall be construed accordingly; \u201cappointed member\u201d means a member of the Board appointed under section 4(1)(c) or (d) and includes a person for the time being appointed as an acting member of the Board; \u201carticled clerk\u201d means a person who is serving articles of clerkship in accordance with Part 10; \u201carticles of clerkship\u201d means any contract in writing under which any person is bound to serve under the tutelage of an attorney-at-law; \u201cattorney-at-law\u201d means a person whose name is on the Roll; \u201cBoard\u201d means the Cayman Islands Legal Services Board established under section 3; \u201cCayman Islands law\u201d shall be construed in accordance with section 24; \u201cCaymanian\u201d has the meaning assigned in section 2 of the Immigration (Transition) Law, 2018; \u201cChief Justice\u201d includes a person for the time being carrying out the functions of the office of Chief Justice; \u201cClerk of the Court\u201d has the meaning assigned in section 2 of the Grand Court Law (2015 Revision); \u201ccompany\u201d has the meaning assigned in section 2(1) of the Companies Law (2020 Revision); \u201cConstitution\u201d means the Constitution set out in Schedule 2 to the Cayman Islands Constitution Order 2009 (UK S.I. 1379\/2009); \u201cCourt\u201d means the Grand Court; \u201cdocument\u201d includes an electronic record as defined under section 2 of the Electronic Transactions Law (2003 Revision); \u201cforeign qualification\u201d shall be construed in accordance with section 32(3); \u201cGovernment attorney-at-law\u201d means an attorney-at-law employed in the Government service in accordance with the Public Service Management Law (2018 Revision); \u201cjudge\u201d means \u2014 (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 Legal Services Bill, 2020 Clause 2 Introduced (b) a judge of the Court of Appeal; \u201claw firm\u201d means \u2014 (a) an attorney-at-law practising Cayman Islands law in the Islands as a sole practitioner; (b) a partnership practising Cayman Islands law in the Islands; or (c) a recognised law entity practising Cayman Islands law in the Islands; \u201clegal practitioner\u201d 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); \u201clegal services\u201d means \u2014 (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; \u201clegally and ordinarily resident\u201d shall be construed in accordance with the meaning given to the expression \u201clegal and ordinary residence\u201d in section 2 of the Immigration (Transition) Law, 2018; \u201climited liability partnership\u201d means a limited liability partnership registered under the Limited Liability Partnership Law, 2017; \u201cmanager\u201d 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; \u201cpartner\u201d means \u2014 (a) a person who has entered into a partnership in accordance with the Partnership Law (2013 Revision); or (b) a person who is a partner in a limited liability partnership under the Limited Liability Partnership Law, 2017, and does not include a person employed as a salaried partner or equivalent; \u201cpartnership\u201d has the same meaning as that construed in accordance with section 3 of the Partnership Law (2013 Revision); \u201cpractice of Cayman Islands law\u201d and \u201cpractise Cayman Islands law\u201d shall be construed in accordance with section 24; \u201cpractising certificate\u201d means a practising certificate issued under section 50; Clause 3 Legal Services Bill, 2020 Introduced \u201cpublic officer\u201d has the meaning assigned to that expression in section 124(1) of the Constitution; \u201cpublish\u201d, 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; \u201crecognised law entity\u201d means a company or limited liability partnership recognised as a recognised law entity by the Board under section 54; \u201cResidency and Employment Rights Certificate\u201d means a certificate issued or granted under the Immigration (Transition) Law, 2018; \u201cRoll\u201d means the register known as the Court Roll kept under section 38; \u201cRules of Court\u201d mean Rules of Court made under section 19 of the Grand Court Law (2015 Revision); \u201csubsidiary\u201d means a company wherever incorporated, the voting control of which is held by or on behalf of a law firm; \u201cSupervisory Authority\u201d, in relation to attorneys-at-law, has the meaning assigned to that expression under section 2(1) of the Proceeds of Crime Law (2020 Revision); and \u201cwork permit\u201d has the meaning assigned in section 2 of the Immigration (Transition) Law, 2018. PART 2 - THE CAYMAN ISLANDS LEGAL SERVICES BOARD\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Establishment of the Cayman Islands Legal Services Board 3. There is established a body called the Cayman Islands Legal Services Board.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Constitution of the Board 4. (1) The Board consists of four members as follows \u2014 (a) the Chief Justice; (b) the Attorney General; (c) a non-practising attorney-at-law appointed by the Premier; and (d) a non-practising attorney-at-law appointed by the Leader of the Opposition. (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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Functions of the Board 5. (1) The Board shall have the following functions \u2014 (a) to encourage and promote the upholding of the rule of law; Legal Services Bill, 2020 Clause 6 Introduced (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 Board under the Proceeds of Crime Law (2020 Revision), in relation to attorneys-at-law, in accordance with the assignment of the Board as the Supervisory Authority under section 4(9) of that Law; and (h) to carry out such other functions as are imposed on the Board by this Law or any other Law. (2) The Board may establish committees for the purposes of advising the Board on, or performing, any of its functions under this Law or any other Law and a committee established under this subsection may comprise \u2014 (a) members of the Board only; or (b) members of the Board and persons who are not members of the Board. (3) The Board may, with the approval of the Cabinet and by written instrument, delegate to any committee of the Board or other person any of its functions under this Law or any other Law together with any powers (except this power of delegation) which the Board determines is necessary or expedient to enable the committee or other person to carry out the delegate function.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Powers of the Board 6. The Board has the power to do everything reasonably incidental or conducive to carrying out its functions under this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Appointment of Secretary and staff 7. The Deputy Governor shall appoint and employ at such terms and conditions as a provided by this Law and the Public Service Management Law (2018 Revision) \u2014 (a) a Secretary to the Board; and (b) such other public officers as the Deputy Governor, after consultation with the Attorney-General thinks are necessary for assisting the Board in the proper performance of its functions under this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"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 \u2014 Clause 9 Legal Services Bill, 2020 Introduced (a) the Premier, in the case of an appointed member appointed under section 4(1)(c); or (b) the Leader of the Opposition, in the case of an appointed member appointed under section 4(1)(d). (2) An appointed member is eligible for re-appointment for one additional period of three years.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"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 Board, 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) or (d), 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Revocation of appointment 11. (1) The Premier in the case an appointed member appointed under section 4(1)(c), or the Leader of the Opposition in the case of an appointed member under section 4(1)(d), may, after consulting the other members of the Board, 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Vacancy 12. (1) The Premier in the case an appointed member appointed under section 4(1)(c), or the Leader of the Opposition in the case of an appointed member under section 4(1)(d), 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 Chief Justice may make an appointment in anticipation of a vacancy arising.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"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. Legal Services Bill, 2020 Clause 14 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Board to regulate its practice and procedures 14. Except as otherwise provided by section 15, the Board may regulate its practice and procedures.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Meetings 15. (1) The Board shall meet at times and places determined by the Chief Justice. (2) The Chief Justice, in the absence of the Chief Justice, the Attorney General, shall preside at a meeting of the Board. (3) At a meeting of the Board, the quorum shall be four members present and voting, including the Chief Justice, or in the absence of the Chief Justice, the Attorney General. (4) The Board 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 Board but shall not have any right to vote. (7) The Board 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Protection from liability 16. (1) A member of the Board or a committee of the Board 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 Board or committee of the Board. (2) Subsection (1) does not apply to claims, damages, costs, charges or expenses caused by the bad faith of the member of the Board or committee of the Board.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Disclosure of member\u2019s interests 17. (1) If an appointed member has a conflict of interest in a matter to be dealt with by the Board, the appointed member shall disclose the fact to the other members of the Board and shall not be present at a meeting of the Board when the matter is being discussed by the Board. (2) An appointed member who contravenes subsection (1) commits an offence and is liable \u2014 (a) on summary conviction to a fine of twenty thousand dollars or to imprisonment for a term of two years, or to both; or Clause 18 Legal Services Bill, 2020 Introduced (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 Board 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 Board. (5) If the Board is \u2014 (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-atlaw\u2019s name restored to the Court Roll; or (c) hearing an application by an attorney-at-law to have a period of suspension of the attorney-at-law\u2019s 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 the appointed member is the spouse or civil partner, as defined by section 2 of the Civil Partnership Law, 2020, of the attorney-at-law or former attorney-atlaw.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Appointed member to be paid allowance 18. An appointed member shall be paid such allowances as the Cabinet may determine.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Payment of administrative expenses 19. Allowances and other administrative expenses paid or incurred by the Board or any committee or other person referred to in section 5(3) in carrying out the functions of the Board shall be paid out of the general revenue of the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Board to keep proper accounts 20. The Board shall keep proper accounts of its receipts, payments, credits and liabilities.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Board to submit annual report 21. The Board shall, within three months of the start of each financial year of the Board, prepare and submit to the Cabinet an annual report on the performance of the Board\u2019s functions during the preceding financial year. 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 Board of its functions. Legal Services Bill, 2020 Clause 23 Introduced 23. Seal and execution of documents 23. (1) The seal of the Board shall be authenticated by the Chief Justice and one other member of the Board authorised by the Board to do so. (2) The seal of the Board shall be judicially noticed. (3) The Board may, by resolution, appoint an officer of the Board, either generally or in a particular case, to execute on behalf of the Board a document not under seal. PART 3 - THE PRACTICE OF CAYMAN ISLANDS LAW\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Restriction on the practice of Cayman Islands law 24. (1) Except as provided by this Law, a person shall not practise Cayman Islands law in the Islands or in another jurisdiction. (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 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 \u2014 (a) in a matter of a legal nature, acts on the person\u2019s 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, the person is employed; (b) as a public officer, prepares a document or instrument in the course of the person\u2019s duties; (c) prepares a memorandum or articles of association of a company; (d) 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; (e) prepares a will that does not contain trust provisions; (f) 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; (g) prepares a legally prescribed form or document; Clause 25 Legal Services Bill, 2020 Introduced (h) prepares a letter or power of attorney; (i) acts in the transfer of shares containing no trust or limitation; (j) as a person licensed or registered under a regulatory law, as defined in the Monetary Authority Law (2020 Revision), carries out a licensed activity; (k) is an arbitrator or counsel brought into the Islands by an attorney-at-law to act in arbitration under the Arbitration Law, 2012; (l) 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; (m) 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; (n) 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 correspondence) for use in connection with proceedings in a court, tribunal or inquiry in the Islands; or (o) being a Queen\u2019s 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).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Attorneys-at-law may practise Cayman Islands law 25. Subject to compliance with this Law and regulations made under this Law, an attorney-at-law who holds a practising certificate may \u2014 (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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Recognised law entity may practise Cayman Islands law 26. Subject to compliance with this Law and regulations made under this Law, a recognised law entity may \u2014 (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. Legal Services Bill, 2020 Clause 27 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Exemptions for Attorney General and Director of Public Prosecutions 27. Nothing in this Law shall \u2014 (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\u2019s 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-atlaw, may have under any other Law to practise Cayman Islands law. (2) Nothing in this Part prohibits an attorney-at-law from establishing that attorneyat-law as a law firm or as a partner or member of a law firm except that \u2014 (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; (b) in the case of a law firm that is a partnership practising Cayman Islands law, at least one partner of the partnership shall be an attorney-at-law who is Caymanian; or (c) 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 Caymanian. PART 4 - ADMISSION AS AN ATTORNEY-AT-LAW\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Admission 29. (1) Subject to subsection (2), a judge may, on an application made in accordance with this Law, 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 \u2014 (a) has a personal qualification for admission set out in section 30; Clause 30 Legal Services Bill, 2020 Introduced (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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Personal qualification required for admission 30. To be admitted as an attorney-at-law, a person shall \u2014 (a) be a Caymanian; (b) hold a work permit or a Residency and Employment Rights Certificate or otherwise be entitled under the Immigration (Transition) Law, 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 (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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Additional personal qualifications 31. To be admitted as an attorney-at-law, a person shall satisfy a judge that the person \u2014 (a) is not an undischarged bankrupt; (b) has not engaged in conduct that would constitute an act of professional misconduct under this Law; and (c) is not disbarred for professional misconduct from practising law in another jurisdiction.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Professional qualification required for admission 32. (1) To be admitted as an attorney-at-law, a person shall satisfy a judge that the person \u2014 (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 \u2014 (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 \u2014 (a) is enrolled as a solicitor in England and Wales or Northern Ireland; Legal Services Bill, 2020 Clause 33 Introduced (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 \u2014 (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 another jurisdiction prescribed by Cabinet by Order made upon the recommendation of the Board, being a jurisdiction that has admission qualifications comparable to those mentioned in subsection (2).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"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 Caymanian or the holder of a Residency and Employment Rights Certificate.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"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 \u2014 Clause 35 Legal Services Bill, 2020 Introduced (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 \u2014 (a) the person\u2019s personal qualification for admission as set out in section 30; (b) the person\u2019s additional personal qualifications as set out in section 31; (c) the person\u2019s 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 \u2014 (i) the person\u2019s possession of any additional post-foreign qualification experience as required by section 33(1); and (ii) the person\u2019s 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. (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 \u2014 (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\u2019s 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 \u2014 Legal Services Bill, 2020 Clause 36 Introduced (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 \u2014 (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. PART 5 - ATTORNEYS-AT-LAW\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"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 Law or Regulations made under this Law. (2) A failure to comply with subsection (1) amounts to professional misconduct and accordingly may be the subject of disciplinary proceedings. (3) Cabinet shall, after consultation with the Board, by Order published in the Gazette, issue a Code of Professional Conduct for attorneys-at-law and recognised law entities. Clause 38 Legal Services Bill, 2020 Introduced (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) does not amount to professional misconduct, but 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"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 \u2014 (a) the person\u2019s full name and business address; (b) the person\u2019s 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; (e) the area of law in which the person specialises and a description of the person\u2019s post-qualification experience in that area; and (f) the name of the person\u2019s employer, if any.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"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. Legal Services Bill, 2020 Clause 41 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"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).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Removal of name from Roll for non-practice 43. (1) This section applies where the name of an attorney-at-law 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 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 \u2014 (a) applies for a practising certificate; or (b) if the attorney-at-law is a Caymanian or with a law firm, applies to keep the attorney-at-law\u2019s name on the Roll, the Clerk of the Court shall remove the name of the attorney-at-law from the Roll after three months of the service of the notice. (4) If, within three 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\u2019s 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 \u2014 (a) immediately following the removal, provide the Board with the name of the attorney-at-law that has been removed from the Roll under this section; and Clause 44 Legal Services Bill, 2020 Introduced (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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Keeping name on Roll 44. (1) This section applies if an attorney-at-law who is \u2014 (a) Caymanian; or (b) employed by a law firm or an affiliate of a law firm, does not wish to practise Cayman Islands law but wishes to keep the attorneyat-law\u2019s 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\u2019s name on the Roll. (3) An application under subsection (2) shall \u2014 (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 Board. (4) The application form approved by the Clerk of the Court under subsection (3)(a) shall require the attorney-at-law to \u2014 (a) specify the attorney-at-law\u2019s 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-atlaw 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 action that could cause or did cause the attorneyat-law\u2019s 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"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. Legal Services Bill, 2020 Clause 46 Introduced (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\u2019s name kept on the Roll stating the reason, consistent with this Law, why the attorney-at-law\u2019s name should remain on the Roll. (4) After receipt of the notice from the law firm and any notice from the attorneyat-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 Law 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 \u2014 (a) immediately following the removal, provide the Board 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 five thousand dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"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) \u2014 (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 Clause 48 Legal Services Bill, 2020 Introduced (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 Law, a recognised law entity. PART 6 - PRACTISING CERTIFICATES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_48\", \"num\": \"48.\", \"text\": \"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 \u2014 (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 \u2014 (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\u2019s 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\u2019s principal place of practice remains 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 attorneyat-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 Board. (2) An application for a practising certificate shall, subject to subsection (3), be made by a law firm in the form approved for the purpose by the Board and shall be accompanied by the prescribed practising certificate fee. (3) An application for a practising certificate shall \u2014 (a) state the jurisdiction that will be the attorney-at-law\u2019s principal place of practice during the currency of the practising certificate applied for; Legal Services Bill, 2020 Clause 50 Introduced (b) specify any jurisdiction, other than the Islands, in which the attorney-atlaw 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 action that could cause or did cause the attorneyat-law\u2019s name to be struck off the roll of a jurisdiction in which the attorney-at-law is or was admitted. Issue of practising certificate\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_50\", \"num\": \"50.\", \"text\": \"(1) The Board may, on an application made in accordance with section 49, issue a practising certificate. (2) The Board shall issue and publish guidance on the matters that the Board shall have regard to in issuing a practising certificate including \u2014 (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; (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\u2019s principal place of practice during the currency of the practising certificate; (c) the jurisdiction that will be the attorney-at-law\u2019s 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 Law and regulations made under this Law. (3) The Board 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 \u2014 (a) suspended from practice; or (b) the subject of a disciplinary complaint or action that could cause or caused the attorney-at-law\u2019s name to be struck off the roll of a jurisdiction in which the attorney-at-law is or was admitted, the Board 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 attorneyat-law to practise Cayman Islands law in another jurisdiction, the Board shall have regard to the matters specified in the guidance issued and published under subsection (2). Clause 51 Legal Services Bill, 2020 Introduced (6) Notwithstanding subsection (1), the Board 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 Board 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 Board. (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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_51\", \"num\": \"51.\", \"text\": \"When a practising certificate becomes void 51. A practising certificate issued to an attorney-at-law becomes void \u2014 (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, has ceased to be employed by a law firm or an affiliate of a law firm.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_52\", \"num\": \"52.\", \"text\": \"Details of practising certificates to be published 52. (1) The Board shall publish \u2014 (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 Board becomes aware that a practising certificate has become void, the Board shall publish the name of the attorneyat-law who held the practising certificate and the fact that attorney-at-law\u2019s practising certificate has become void. Legal Services Bill, 2020 Clause 53 Introduced PART 7 - RECOGNISED LAW ENTITY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_53\", \"num\": \"53.\", \"text\": \"Applications for recognition 53. (1) An application by a company or limited liability partnership for recognition as a recognised law entity shall be made on a form approved for the purpose by the Board. (2) An application under subsection (1) shall be accompanied by the prescribed application fee.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_54\", \"num\": \"54.\", \"text\": \"Recognition by Board 54. The Board may recognise a company or limited liability partnership as a recognised law entity if the Board \u2014 (a) is satisfied that the company or limited liability partnership complies with section 28(2)(c); and (b) is otherwise satisfied that the company or limited liability partnership is a suitable body to practise Cayman Islands law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_55\", \"num\": \"55.\", \"text\": \"Board to issue certificate of recognition 55. (1) If the Board recognises a company or limited liability partnership as a recognised law entity, the Board shall issue a certificate of recognition to the company or limited liability partnership. (2) A certificate of recognition shall be in a form approved by the Board and shall specify the name of the recognised law entity and its registered office. (3) The Board shall also publish a notice stating that the company or limited liability partnership has been recognised as a recognised law entity and its name.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_56\", \"num\": \"56.\", \"text\": \"Appeal against refusal of recognition 56. If the Board refuses to recognise a company or limited liability partnership as a recognised law entity, the company or limited liability partnership 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_57\", \"num\": \"57.\", \"text\": \"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 Board of the change.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_58\", \"num\": \"58.\", \"text\": \"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. Clause 59 Legal Services Bill, 2020 Introduced (2) Notwithstanding subsection (1), a recognised law entity may, with the approval of the Board, 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. Name of a recognised law entity\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_59\", \"num\": \"59.\", \"text\": \"A recognised law entity may carry on business under a name that does not include the word \u201cLimited\u201d, or the abbreviation \u201cLtd.\u201d, if it holds itself out to be a recognised law entity.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_60\", \"num\": \"60.\", \"text\": \"Recognised law entity wound up 60. A recognised law entity ceases to be a recognised law entity if a winding up order under the Companies Law (2020 Revision) or the Limited Liability Partnership Law, 2017 is made in respect of it.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_61\", \"num\": \"61.\", \"text\": \"Company ceasing to be a recognised law entity and continuing to practise 61. (1) If a company or limited liability partnership ceases to be a recognised law entity but continues to practise Cayman Islands law, in addition to the company or limited liability partnership committing an offence under section 62, each director, manager or member of the company or limited liability partnership who is an attorney-at-law is guilty of professional misconduct. (2) As soon as practicable after the Board becomes aware that a company or limited liability partnership has ceased to be a recognised law entity, the Board shall publish the name of the company or limited liability partnership and the fact that it has ceased to be a recognised law entity.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_62\", \"num\": \"62.\", \"text\": \"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\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_63\", \"num\": \"63.\", \"text\": \"Practice of Cayman Islands law by attorney-at-law in another jurisdiction 63. (1) An attorney-at-law shall not practise Cayman Islands law in another jurisdiction otherwise than with a law firm or with an affiliate of a law firm. Legal Services Bill, 2020 Clause 64 Introduced (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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_64\", \"num\": \"64.\", \"text\": \"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 Clerk of the Court for an annual operational licence in the form approved by the Clerk of the Court. (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 Clerk of the Court under subsection (2) shall require the law firm to supply \u2014 (a) the law firm\u2019s 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) An annual operational licence is valid from the date of issue and expires on 31st January of the next year. (6) The Clerk of the Court 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_65\", \"num\": \"65.\", \"text\": \"Insurance 65. The Cabinet may, after consultation with the Board, 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 Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_66\", \"num\": \"66.\", \"text\": \"Annual compliance certificate 66. (1) A law firm shall, on or before 31st January in each year, deliver to the Board a certificate indicating whether or not the law firm has, during the previous year \u2014 (a) complied with each obligation imposed on the law firm and any affiliate by this Law; and (b) where the law firm is a recognised law entity, complied with the criteria to maintain its status as a recognised law entity. Clause 67 Legal Services Bill, 2020 Introduced (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 Board 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. (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 five thousand dollars. PART 9 - LOCAL EDUCATION AND TRAINING\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_67\", \"num\": \"67.\", \"text\": \"Recognised legal educators 67. (1) The Board may designate a legal educator as a recognised legal educator for the purpose of this Part if the Board 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 Board 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 Board designates a legal educator as a recognised legal educator, the Board shall publish, in the Gazette and such other media as the Board may determine, the name of the legal educator and the fact that the legal educator has been recognised by the Board. (5) The Board may, by at least one month\u2019s written notice to a legal educator, cancel the designation as a recognised legal educator if the Board is satisfied that the legal educator is failing to provide legal education or practical legal training to a standard required by this Law. (6) If the Board cancels the designation of a legal educator as a recognised legal educator under subsection (5), the Board shall publish, in the Gazette and such other media as the Board may determine, the name of the legal educator and the fact that the designation as a recognised legal educator has been cancelled by the Board. Legal Services Bill, 2020 Clause 68 Introduced (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 \u2014 \u201cto provide legal education or practical legal training\u201d, 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 \u201clegal educator\u201d means a person that is capable of providing legal education or practical legal training.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_68\", \"num\": \"68.\", \"text\": \"System of legal education and practical legal training 68. (1) The Board 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 Board may make arrangements requiring a person admitted as an attorneyat-law to participate in a programme of legal education or practical legal training. (3) The Cabinet, after consultation with the Board, may make regulations relating to matters connected with the Board\u2019s functions under subsection (1). (4) The Cabinet, after consultation with the Board, may make regulations relating to matters connected with the Board\u2019s functions under subsection (2).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_69\", \"num\": \"69.\", \"text\": \"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 \u2014 (a) the qualifications required for enrolment as an attorney-at-law including requirements for any of the following \u2014 (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 \u2014 (i) the papers that are to be set; (ii) the syllabuses to be followed; Clause 70 Legal Services Bill, 2020 Introduced (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 (vii) the fees to be paid for examinations for enrolment and admission; and (d) different examinations in respect of persons who \u2014 (i) possess different qualifications; or (ii) have followed or are following different courses of study. Regulations for programme of legal education or practical legal training\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_70\", \"num\": \"70.\", \"text\": \"Without prejudice to the generality of section 68(4), regulations made under that section may prescribe \u2014 (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\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_71\", \"num\": \"71.\", \"text\": \"Regulations - service under articles of clerkship 71. (1) The Cabinet, after consultation with the Board, 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 \u2014 (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-atlaw; (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. Legal Services Bill, 2020 Clause 72 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_72\", \"num\": \"72.\", \"text\": \"Qualifications required to take on an articled clerk 72. (1) An attorney-at-law \u2014 (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, may take a person with the prescribed qualification into that attorney-at-law\u2019s service as an articled clerk. (2) An attorney-at-law who has two or more articled clerks in that attorney-at-law\u2019s service may not take any additional articled clerk into that attorney-at-law\u2019s service without the written approval of the Board.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_73\", \"num\": \"73.\", \"text\": \"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\u2019s service as an articled clerk.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_74\", \"num\": \"74.\", \"text\": \"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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_75\", \"num\": \"75.\", \"text\": \"Service in a legal or judicial department 75. If the Board 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 Board 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_76\", \"num\": \"76.\", \"text\": \"Power of the Board to discharge articles of clerkship 76. The Board may discharge the articles of clerkship of the articled clerk upon such terms as the Board thinks fit if \u2014 (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; Clause 77 Legal Services Bill, 2020 Introduced (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 Board is satisfied after investigation that an articled clerk is not a fit and proper person to become an attorney-at-law; (g) upon the application of either an attorney-at-law or a recognised law entity or that attorney-at-law\u2019s or recognised law entity\u2019s articled clerk, the Board 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\u2019s or recognised law entity\u2019s service an articled clerk in contravention of this Part.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_77\", \"num\": \"77.\", \"text\": \"Transfer of articles of clerkship 77. (1) This section applies if an application is made to the Board by an attorney-at-law or a recognised law entity and that attorney-at-law\u2019s or recognised law entity\u2019s 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 Board may, subject to subsection (3), give permission if the Board 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 Board 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 Board.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_78\", \"num\": \"78.\", \"text\": \"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\u2019s or recognised law entity\u2019s 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 \u2014 Legal Services Bill, 2020 Clause 79 Introduced (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. (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\u2019s or recognised law entity\u2019s service as an articled clerk until the Board advises the attorney-at-law or recognised law entity otherwise. PART 11 - INVESTIGATION OF ALLEGED PROFESSIONAL MISCONDUCT\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_79\", \"num\": \"79.\", \"text\": \"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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_80\", \"num\": \"80.\", \"text\": \"Complaints of professional misconduct by attorneys-at-law 80. Any person may file with the Board a complaint that any specified conduct of an attorney-at-law constitutes professional misconduct by the attorney-at-law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_81\", \"num\": \"81.\", \"text\": \"Board to investigate complaints 81. (1) The Board shall investigate a complaint filed under section 81. (2) The Board shall, on its own initiative, investigate any conduct of an attorney-atlaw if the Board becomes aware that the conduct may constitute professional misconduct by the attorney-at-law. (3) The Board has no power to investigate any conduct by an attorney-at-law that was known or could reasonably have been known more than six years before the complaint was made or the Board became aware of the conduct. (4) The Board shall, having investigated the conduct of an attorney-at-law, determine if such conduct amounts to professional misconduct by the attorneyat-law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_82\", \"num\": \"82.\", \"text\": \"Board to publish rules 82. (1) The Board shall make and publish rules regarding the procedure for its investigation of the conduct of attorneys-at-law. Clause 83 Legal Services Bill, 2020 Introduced (2) The rules made under subsection (1) shall set out \u2014 (a) the manner in which a complaint may be made to the Board about the conduct of an attorney-at-law; and (b) the manner in which the Board will conduct its investigation into the conduct of an attorney-at-law. (3) The rules made under subsection (1) \u2014 (a) may provide for preliminary proceedings to be held to determine if sufficient evidence of an attorney-at-law\u2019s conduct exists to show if it may amount to professional misconduct; (b) shall give an attorney-at-law whose conduct is being investigated a reasonable opportunity to be heard either in person or through counsel; and (c) shall provide that a hearing of the Board to investigate the conduct of an attorney-at-law is to be held in public unless the Board is of the view that publicity would prejudice the interests of justice or commercial confidence. (4) The Board shall publish both in the Gazette and in such other media as the Board determines notice of any rules made by the Board under this section. (5) The notice under subsection (4) shall state where copies of the rules made by the Board under this section may be obtained.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_83\", \"num\": \"83.\", \"text\": \"Powers of the Board to investigate 83. (1) The Board has the power to do everything reasonably necessary to investigate any conduct of an attorney-at-law that is alleged to constitute professional misconduct. (2) Without prejudice to the generality of the power of the Board under subsection (1), the Board may do any of the following \u2014 (a) convene a hearing to investigate the conduct; (b) issue summonses to compel the attendance of a person at a hearing; (c) compel the production of a document or any other information from a person who the Board 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 Board; and (e) examine witnesses on oath, affirmation or otherwise at a hearing. (3) A person is commits an offence if the person \u2014 (a) fails to comply with a summons issued by the Board under subsection (2)(b); Legal Services Bill, 2020 Clause 84 Introduced (b) when required to do so under subsection (2)(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 (2)(d), fails or refuses to verify a document submitted or information provided to the Board by affidavit when required to do so by the Board; or (d) as a witness at a hearing by the Board, fails or refuses to answer a question put to the person or provides an answer that is false or misleading. (4) A person who commits an offence under subsection (3) is liable \u2014 (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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_84\", \"num\": \"84.\", \"text\": \"Disciplinary sanctions 84. (1) If, after investigating any conduct of an attorney-at-law, the Board is satisfied the conduct constitutes professional misconduct by the attorney-at-law, the Board may take one or more of the following actions \u2014 (a) order that the name of the attorney-at-law be struck off the Roll; (b) order that the attorney-at-law\u2019s 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 attorneyat-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\u2019s future conduct; or (g) take no action against the attorney-at-law. (2) Whether or not the Board takes any action against an attorney-at-law, the Board may do either or both of the following \u2014 (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. Clause 85 Legal Services Bill, 2020 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_85\", \"num\": \"85.\", \"text\": \"Striking off and suspension from practice to be published 85. If the Board 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, both in the Gazette and in such other media as the Clerk of the Court determines, the name of the attorney-at-law and the fact \u2014 (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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_86\", \"num\": \"86.\", \"text\": \"Interim orders 86. (1) If any conduct of an attorney-at-law is being investigated by the Board, the Board 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 Board under section 84 has come into effect. (2) If the investigation is into the alleged misuse of a trust fund by the attorney-atlaw, the Court, on the application of the Board, may make an order that, until the investigation has been completed and any subsequent order made by the Board under section 84 has come into effect, a trust fund operated by the attorney-at-law be operated by an accountant or a bank approved by the Board.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_87\", \"num\": \"87.\", \"text\": \"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 Board, the former attorney-at-law may at any time apply to the Board for the restoration of the former attorney-at-law\u2019s name to the Roll. (2) Subject to subsection (3), the Board 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 Board shall not make an order under subsection (2) unless the Board is satisfied that the former attorney-at-law is a fit and proper person to practise as an attorney-at-law. (4) If the Board 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, both in the Gazette and in such other media as the Clerk of the Court determines, a notice specifying \u2014 (a) the name of the attorney-at-law; (b) the fact that name of the attorney-at-law is restored to the Roll; and Legal Services Bill, 2020 Clause 88 Introduced (c) the condition, if any, which the attorney-at-law is subject to under subsection (2).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_88\", \"num\": \"88.\", \"text\": \"Termination of suspension 88. (1) If an attorney-at-law has been suspended from practice on the order of the Board under section 85, the attorney-at-law may at any time apply to the Board for the suspension to be terminated. (2) After hearing the application under subsection (1), the Board may, if the Board 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\u2019s suspension from practice be terminated with effect from a date specified in the order. (3) If the Board orders that an attorney-at-law\u2019s 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, both in the Gazette and 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\u2019s suspension from practice has been terminated and the date from which the termination has effect.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_89\", \"num\": \"89.\", \"text\": \"Form and proof of order of Board 89. A document purporting to be an order of the Board 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 Board 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_90\", \"num\": \"90.\", \"text\": \"Certain orders to be filed in Court 90. (1) An order of the Board under this Law \u2014 (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 \u2014 (a) that an attorney-at-law\u2019s name be struck off the Roll; or (b) that the attorney-at-law be suspended from practice, Clause 91 Legal Services Bill, 2020 Introduced the order shall not take effect until the expiry of the time allowed for appeal under section 94, 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_91\", \"num\": \"91.\", \"text\": \"Enforcement of order of Board 91. If the Board 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_92\", \"num\": \"92.\", \"text\": \"Appeal from decision of the Board 92. (1) An attorney-at-law may appeal to the Court of Appeal against an action taken by the Board under section 84. (2) An appeal under this section shall be by way of a new hearing in respect of the conduct of the attorney-a-law that the Board has determined constituted professional misconduct by the attorney-at-law. (3) 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. (4) On hearing an appeal under this section, Court of Appeal may confirm, reverse, or modify the action taken by the Board.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_93\", \"num\": \"93.\", \"text\": \"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 attorneyat-law is struck off the Roll, the Board may serve a notice signed by two members of the Board requiring the person upon whom the notice is served to supply to the Board, in so far as it is practicable to do so \u2014 (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 Board to exercise its powers under subsection (3). (2) The notice under subsection (1) shall be served \u2014 (a) on the attorney-at-law or on a person carrying on the attorney-at-law\u2019s practice; or Legal Services Bill, 2020 Clause 94 Introduced (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 Board receives the list required under subsection (1), the Board may, notwithstanding anything to the contrary under this Part, notify \u2014 (a) a testator named in the list; (b) a beneficiary named in the list; or (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, \u201ctrust\u201d 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 \u2014 (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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_94\", \"num\": \"94.\", \"text\": \"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\u2019s practising certificate commits an act of professional misconduct.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_95\", \"num\": \"95.\", \"text\": \"Board to inform police of possible offence 95. If, when investigating the conduct of an attorney-at-law, it appears to the Board that the attorney-at-law or any other person may have committed an offence the Board shall refer the matter to the police. PART 12 - MISCELLANEOUS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_96\", \"num\": \"96.\", \"text\": \"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 Board 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. Clause 96 Legal Services Bill, 2020 Introduced (2) For the purposes of subsection (1), a person practises the law of another jurisdiction if \u2014 (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 Board on a form approved by the Board. (4) The application shall be accompanied by \u2014 (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 Board may give consent if the Board is satisfied \u2014 (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 Board gives consent, the Board shall issue a certificate of consent to the person in the form approved by the Board. (7) The form shall specify \u2014 (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 Board shall also publish a notice stating \u2014 (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 Board may cancel the consent given to a person under this section by written notice to the person if the Board is satisfied that \u2014 (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. Legal Services Bill, 2020 Clause 97 Introduced (10) If the Board 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, appeal to the Court 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 Law (2019 Revision) or the Local Companies (Control) Law (2019 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_97\", \"num\": \"97.\", \"text\": \"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 Law. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of five years, or to both.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_98\", \"num\": \"98.\", \"text\": \"Liability of officers 98. (1) If an offence under this Law 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 \u2014 (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\u2019s members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with the member.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_99\", \"num\": \"99.\", \"text\": \"Regulations 99. (1) The Cabinet may, after consultation with the Board, make regulations \u2014 (a) prescribing anything that may be prescribed under this Law; (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 Law and its administration. (2) Without prejudice to the generality of subsection (1), regulations made under subsection (1)(b) may make provisions giving the Board the power to assess and Clause 100 Legal Services Bill, 2020 Introduced monitor compliance with such regulations and, the provisions may include provisions giving the Board the power to delegate the power to assess and monitor compliance with the regulations to another person. (3) Regulations made under this Law may \u2014 (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 (c) create an offence punishable by a fine not exceeding ten thousand dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_100\", \"num\": \"100.\", \"text\": \"Repeal and savings 100. (1) Subject to subsection (2), the Legal Practitioners Law (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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_101\", \"num\": \"101.\", \"text\": \"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 Law 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 Law comes into force.9 Passed by the Legislative Assembly the day of , 2020. 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TO REGULATE THE PRACTICE OF CAYMAN ISLANDS LAW; TO\nPROVIDE FOR A SYSTEM OF LEGAL EDUCATION; TO PROVIDE FOR A MECHANISM\nTO DEAL WITH PROFESSIONAL MISCONDUCT; AND FOR INCIDENTAL AND\nCONNECTED PURPOSES\u2000\n\nPage 2\n Introduced\nc\n\nPUBLISHING DETAILS\nSponsoring Ministry\/Portfolio: Portfolio of Legal Affairs (PLA)\n\nLegal Services Bill, 2020\nObjects and Reasons\n\nc\n Introduced\nPage 3\n\nMemorandum of\nOBJECTS AND REASONS\nThis Bill seeks to repeal and replace the Legal Practitioners Law (2015 Revision) to\nestablish the Legal Services Board, to regulate the practice of Cayman Islands law, to\nprovide for a system of legal education, to provide for a mechanism to deal with\nprofessional misconduct and to provide for incidental and connected purposes.\nPart 1 contains clauses 1 and 2 which deal with preliminary matters.\nClause 1 contains the short title and commencement provisions.\nClause 2 provides definitions for words used throughout the legislation.\nPart 2 contains clauses 3 to 23 which provide for the establishment, functions and powers\nof the Cayman Islands Legal Services Board (the \u201cBoard\u201d).\nClause 3 establishes the Board.\nClause 4 provides for the constitution of the Board so that the Board consists of four\nmembers as follows \u2014\n(a)\nthe Chief Justice;\n(b) the Attorney General;\n(c)\na non-practising attorney-at-law appointed by the Premier; and\n(d) a non-practising attorney-at-law appointed by the Leader of the Opposition.\nClause 5 provides for the Board\u2019s functions which include the following \u2014\n(a)\nto encourage and promote the upholding of the rule of law;\n(b) to promote high standards of professional conduct by attorneys-at-law;\n(c)\nto regulate the practice of law in the Islands;\n(d) to encourage and promote the study of law;\n(e)\nto supervise legal education and practical legal training leading to local qualification\nfor admission as an attorney-at-law;\n(f)\nto establish or supervise a system of law reporting;\n(g) to carry out the functions of the Board under the Proceeds of Crime Law (2020\nRevision), in relation to attorneys-at-law, in accordance with the assignment of the\nBoard as the Supervisory Authority under section 4(9) of that Law; and\n(h) to carry out such other functions as are imposed on the Board by this Law or any other\nLaw.\n\nObjects and Reasons\nLegal Services Bill, 2020\n\nPage 4\n Introduced\nc\n\nClause 5 also gives Board the power to establish committees for the purposes of advising\non, or performing, any of the Board\u2019s functions under this legislation or any other Law.\nThe committees may comprise members of the Board only or members of the Board and\npersons who are not members of the Board.\nThe Board is given the power, with the approval of the Cabinet and by written instrument,\nto delegate to any committee of the Board or other person any of its functions under the\nLaw or any other Law to together with any powers (except this power of delegation) which\nthe Board determines is necessary or expedient to enable the person or the committee to\ncarry out the delegate function.\nClause 6 gives the Board ancillary powers in relation to the carrying out of its functions.\nClause 7 provides for the appointment and employment of a Secretary to the Board and\nsuch other public officers as the Deputy Governor, after consultation with the Attorney\nGeneral, thinks are necessary for assisting the Board in the proper performance of its\nfunctions under this Law.\nClause 8 provides for an appointed member to hold office for five years on terms and\nconditions determined by the Premier or Leader of the Opposition, as the case may be. An\nappointed member is eligible for re-appointment for one additional period of three years.\nClause 9 allows for acting appointments to be made where a member is absent or unable\nto act.\nClause 10 permits an appointed member to resign from office by letter addressed to the\nChief Justice.\nClause 11 gives the Premier or Leader of the Opposition, as the case may be, the power to\nrevoke the appointment of an appointed member after consulting the other members of the\nBoard.\nClause 12 provides for the filling of a vacancy in the office of an appointed member.\nClause 13 requires the Clerk of the Court to publish, both in the Gazette and such other\nmedia as the Clerk of the Court determines, details of each appointment of a member, the\nresignation of an appointed member and the revocation of the appointment of an appointed\nmember.\nClause 14 gives the Board the power to regulate its practice and procedures.\nClause 15 provides for meetings of the Board. The Board has the power to co-opt any\nperson whom it considers able to assist in its deliberations.\nClause 16 protects members of the Board and members of committees of the Board from\nliability against claims, damages, costs, charges or expenses resulting from the discharge\nor purported discharge of a function of the member as a member of the Board where the\nclaims, damages, costs, charges or expenses are not caused by the bad faith of the member.\n\nLegal Services Bill, 2020\nObjects and Reasons\n\nc\n Introduced\nPage 5\n\nClause 17 requires a member of the Board to disclose the fact that the member has a conflict\nof interest in a matter before the Board.\nClause 18 provides for an appointed member to be paid an allowance.\nClause 19 provides for allowances and other administrative expenses paid or incurred by\nthe Board, or any committee or other person referred to in section 5(3), in carrying out the\nfunctions of the Board to be paid out of the general revenue of the Islands.\nClause 20 requires the Board to keep proper accounts.\nClause 21 requires the Board, within three months of the start of each financial year, to\nprepare and submit to the Cabinet an annual report on the manner in which the Board\nperformed its functions during the preceding financial year.\nClause 22 gives the Chief Justice the power to assign to the Clerk of the Court such\nfunctions as the Chief Justice thinks necessary for the proper carrying out by the Board of\nits functions.\nClause 23 provides for the seal of the Board to be authenticated by the Chief Justice and\nfor a document of the Board not under seal to be executed by an officer of the Board\nappointed to do so.\nPart 3 contains clauses 24 to 28 which make provision for the practice of Cayman Islands\nlaw.\nClause 24 prohibits a person from practising Cayman Islands law, in the Islands or in\nanother jurisdiction except as provided in the legislation.\nClause 24 also provides that a person practises Cayman Islands law if, for or in expectation\nof gain or reward, the person provides legal services in respect of Cayman Islands law or\nin the Cayman Islands. A person also practises Cayman Islands law if the person holds\nhimself or herself as qualified to provide legal services for gain or reward. Clause 24 sets\nout the circumstances in which a person is not to be taken as practising Cayman Islands\nlaw.\nClause 25 permits an attorney-at-law who holds a practising certificate to practise Cayman\nIslands law subject to compliance with the legislation. The practice of Cayman Islands law\nby an attorney-at-law in another jurisdiction with an affiliate is also subject to compliance\nwith the law of that jurisdiction.\nClause 26 permits a recognised law entity to practise Cayman Islands law in the Islands\nsubject to compliance with the legislation. The practice of Cayman Islands law by a\nrecognised law entity in another jurisdiction with an affiliate is also subject to compliance\nwith the law of that jurisdiction.\nClause 27 provides exemptions from the Law in respect of the rights in connection with\nthe duties of offices of the Attorney General or the Director of Public Prosecutions to act\nas an advocate or the privileges of the Attorney General or Director of Public Prosecutions.\n\nObjects and Reasons\nLegal Services Bill, 2020\n\nPage 6\n Introduced\nc\n\nClause 28 provides an exemption from Part 3 for a person, whether or not an attorney-atlaw, who has statutory authority to practise Cayman Islands law. Clause 28 also provides\nthat nothing in Part 3 prohibits an attorney-at-law from establishing that attorney-at-law as\na law firm or as a member or partner of a law firm except that \u2014\n(a)\nin the case of a law firm that is an attorney-at-law practising Cayman Islands law in\nthe Islands as a sole practitioner, the attorney-at-law must be a Caymanian;\n(b)\nin the case of a law firm that is a partnership practising Cayman Islands law, at least\none partner of the partnership must be an attorney-at-law who is Caymanian; or\n(c)\nin the case of a law firm that is a recognised law entity, at least one member or\npartner of the recognised law entity must be an attorney-at-law who is Caymanian.\nPart 4 contains clauses 29 to 36 which make provision for admission of an attorney-at-law.\nClause 29 gives a judge the power to admit a person as an attorney-at-law. A judge must\nnot admit a person as an attorney-at-law unless the judge is satisfied that the person meets\nthe eligibility criteria set out in that provision, including specific personal qualifications\nand professional qualifications.\nClause 30 sets out the personal qualifications required for admission as an attorney-at-law\nso that to be admitted a person must \u2014\n(a)\nbe a Caymanian;\n(b)\nhold a work permit or a Residency and Employment Rights Certificate or otherwise\nbe entitled under the Immigration (Transition) Law, 2018 to reside and work in the\nIslands as an attorney-at-law in the capacity in which the person is or is to be\nemployed;\n(c)\nbe employed by the Government; or\n(d) be ordinarily resident in another jurisdiction and be a partner, director, member\nemployee, associate or consultant of a law firm or an affiliate of a law firm.\nClause 31 requires that to be admitted as an attorney-at-law a person must satisfy a judge\nthat the person is not an undischarged bankrupt, has not engaged in conduct that would\nconstitute an act of professional misconduct under this Law and is not disbarred for\nprofessional misconduct from practising law in another other jurisdiction.\nClause 32 sets out the professional qualifications required for admission as an attorney-atlaw, including local and foreign qualifications.\nClause 33 requires a person a person to have had at least five years post-qualification\nexperience in the practice of law in another jurisdiction in order to be admitted as an\nattorney-at-law by virtue of a foreign qualification. The person must also be in good\nstanding on a register or its equivalent maintained by a court or other relevant body of the\nrelevant jurisdiction that contains the name of each person entitled to practise law in that\n\nLegal Services Bill, 2020\nObjects and Reasons\n\nc\n Introduced\nPage 7\n\njurisdiction. The post-qualification experience requirements do not apply if the person is\nCaymanian or the holder of a Residency and Employment Rights Certificate.\nClause 34 provides for an application for admission to be made by motion to the Court and\nprovides for a prescribed admission fee and documentary evidence to be submitted in\nsupport of the application.\nClause 35 provides for an application to be made to a judge to permit a person to come to\nthe Islands to carry out the functions of an attorney-at-law in a particular suit or matter.\nThe application must be made by a law firm.\nPart 5 contains clauses 36 to 47 which provide for matters relating to attorneys-at-law.\nClause 36 provides that an attorney-at-law is an officer of the Court. Clause 36 also\nprohibits an attorney-at-law from appearing on behalf of another person in a court, tribunal\nor inquiry in the Islands if the attorney-at-law holds a practising certificate that only\nauthorises the attorney-at-law to practise Cayman Islands law in another jurisdiction.\nHowever, the prohibition does not apply to an attorney-at-law who is Caymanian.\nClause 37 requires an attorney-at-law or recognised law entity to comply with an obligation\nimposed on the attorney-at-law or recognised law entity under the Law and a failure to\ncomply with an obligation amounts to professional misconduct and accordingly may be the\nsubject of disciplinary proceedings.\nClause 37 also requires the Cabinet, after consultation with the Board, by Order published\nin the Gazette, to issue a Code of Professional Conduct for attorneys-at-law and recognised\nlaw entities. An attorney-at-law or a recognised law entity is required to observe the Code\nof Professional Conduct. A failure to comply with that requirement does not amount to\nprofessional misconduct, but any such failure may in disciplinary proceedings in relation\nto the attorney-at-law or a recognised law entity be relied upon as evidence to establish\nprofessional misconduct by the attorney-at-law or recognised law entity.\nClause 38 requires the Clerk of the Court to keep a register to be known as the Court Roll\n(\u201cthe Roll\u201d) in respect of each person admitted for the time being to practise as an attorneyat-law.\nClause 39 requires the Clerk of the Court to keep the Roll and documents relating to it at\nthe Court and to permit a person to inspect the Roll free of charge if the Office of the Court\nis open.\nClause 40 provides for the grant of a certificate of enrolment upon the name of a person\nbeing entered in the Roll. The certificate of enrolment is granted under the seal of the Court\nand must be signed by the Clerk of the Court.\nClause 41 provides for the alteration in enrolment details of an attorney-at-law.\nClause 42 permits the voluntary removal from the Roll of an attorney-at-law upon\napplication to the Clerk of the Court\n\nObjects and Reasons\nLegal Services Bill, 2020\n\nPage 8\n Introduced\nc\n\nClause 43 provides for the removal of the name of an attorney-at-law from Roll for nonpractice.\nClause 44 provides for the keeping on the Roll of the name of an attorney-at-law who is\nCaymanian or employed by a law firm or an affiliate of a law firm and who does not wish\nto practise Cayman Islands law but wishes to keep his or her name on the Roll.\nClause 45 imposes an obligation on a law firm to inform the Clerk of the Court if a law\nfirm or an affiliate of a law firm ceases to employ in another jurisdiction an attorney-atlaw who is not a Caymanian. The managers of the law firm must ensure that the law firm\ncomplies with the obligation. If a law firm fails to comply with the obligation each manager\nof the firm commits an offence and liable on summary conviction to a fine of five thousand\ndollars.\nClause 46 gives an attorney-at-law the power to administer oaths.\nClause 47 gives an attorney-at-law and a recognised law entity the power to sue for fees\nand costs.\nPart 6 contains clauses 48 to 52 which provide for practising certificates.\nClause 48 prohibits an attorney-at-law from practising Cayman Islands law in the Islands\nunless the attorney-at-law holds a practising certificate that authorises the attorney-at-law\nto practise Cayman Islands law principally in the Islands. Clause 48 also prohibits an\nattorney-at-law from practising Cayman Islands law in another jurisdiction unless the\nattorney-at-law holds a practising certificate that authorises the attorney-at-law to practise\nCayman Islands law principally in another jurisdiction.\nClause 49 provides for an attorney-at-law to obtain a practising certificate on application\nto the Board and payment of the prescribed practising certificate fee.\nClause 50 provides for the Board to issue a practising certificate. The Board is required to\nissue and publish guidance on matters that the Board must have regard to in issuing a\npractising certificate, including \u2014\n(a)\nthe number of practising certificates that are in issue to attorneys-at-law practising\nCayman Islands law in another jurisdiction with affiliates of the law firm; and\n(b) the compliance by the attorney-at-law with any applicable programme of legal\neducation and practical legal training that will be undertaken in the attorney-at-law\u2019s\nprincipal place of practice during the currency of the practising certificate;\n(c)\nthe jurisdiction that will be the attorney-at-law\u2019s principal place of practice during the\ncurrency of the practising certificate; and\n(d) compliance by the law firm, its affiliates and the attorney-at-law with this Law and\nregulations made under this Law.\nClause 50 provides that the Board shall not issue a practising certificate that authorises an\nattorney-at-law to practise Cayman Islands law in another jurisdiction if the total number\n\nLegal Services Bill, 2020\nObjects and Reasons\n\nc\n Introduced\nPage 9\n\nof attorneys-at-law practising in all other jurisdictions with affiliates of the law firm would\nexceed the number of attorneys-at-law practising in the Islands with the law firm.\nClause 50 also provides that the Board must not issue a practising certificate that authorises\nan attorney-at-law to practise Cayman Islands law in another jurisdiction unless the\nattorney-at-law swears the prescribed oath or makes the prescribed affirmation. Further, a\npractising certificate must be in a form approved by the Board and is valid from the date\nof its issue and expires on 31st January of the ensuing year unless before that date the\npractising certificate becomes void.\nClause 51 provides for a practising certificate issued to an attorney-at-law to become void\nin certain circumstances.\nClause 52 requires the Board to publish details of practising certificates.\nPart 7 contains clauses 53 to 62 which provide for the recognition of a company or limited\nliability partnership as a recognised law entity.\nClause 53 provides for applications for recognition of a company or limited liability\npartnership as a recognised law entity.\nClause 54 gives the Board the power to recognise a company or limited liability partnership\nas a recognised law entity if the Board is satisfied that the company or limited liability\npartnership complies with clause  28(2)(c) and is otherwise satisfied that the company or\nlimited liability partnership is a suitable body to practise Cayman Islands law.\nClause 55 provides for the issue of a certificate of recognition to a company or limited\nliability partnership recognised as a recognised law entity.\nClause 56 provides for appeals against refusal of recognition of a company or limited\nliability partnership as a recognised law entity.\nClause 57 requires a recognised law entity, within sixty days after a change in its directors,\nmanagers, members or partners, to notify the Board of the change.\nClause 58 restricts a recognised law entity from carrying on any business other than the\npractice of Cayman Islands law in the Islands. However, a recognised law entity may, with\nthe approval of the Board, carry on a business associated with its practice of Cayman\nIslands law. A recognised law entity that fails to comply with the restriction ceases to be a\nrecognised law entity.\nClause 59 permits a recognised law entity to carry on business under a name that does not\ninclude the word \u201cLimited\u201d, or the abbreviation \u201cLtd.\u201d, if it holds itself out to be a\nrecognised law entity.\nClause 60 provides that a recognised law entity ceases to be a recognised law entity if a\nwinding up order under the Companies Law (2020 Revision) or the Limited Liability\nPartnership Law, 2017 is made in respect of it.\n\nObjects and Reasons\nLegal Services Bill, 2020\n\nPage 10\n Introduced\nc\n\nClause 61 makes each director, manager or member of a company or limited liability\npartnership who is an attorney-at-law guilty of professional misconduct if the company or\nlimited liability partnership ceases to be a recognised law entity but continues to practise\nCayman Islands law. As soon as practicable after the Board becomes aware that a company\nor limited liability partnership has ceased to be a recognised law entity, the Board must\npublish the name of the company or limited liability partnership and the fact that it has\nceased to be a recognised law entity.\nClause 62 makes it an offence for a company or limited liability partnership to falsely claim\nto be a recognised law entity.\nPart 8 contains clauses 63 to 66 which provide for matters in respect of law firms.\nClause 63 makes it a criminal offence for an attorney-at-law to practise Cayman Islands\nlaw in another jurisdiction otherwise than with a law firm or with an affiliate of a law firm.\nThe punishment for the offence is fine of fifty thousand dollars or imprisonment for a term\nof two years, or both.\nClause 64 requires a law firm to have an annual operational licence to practise Cayman\nIslands law.\nClause 65 gives the Cabinet the power, after consultation with the Board, to make\nregulations requiring law firms to secure insurance for a prescribed minimum amount of\ncover against losses arising from claims in respect of civil liabilities incurred by such law\nfirms in the practice of Cayman Islands law and any business associated with the practice\nof Cayman Islands law permitted under the Law.\nClause 66 requires a law firm, on or before 31st January in each year, to deliver to the\nBoard a certificate indicating whether or not the law firm has, during the previous year\ncomplied with each obligation imposed on the law firm by the Law and where the law firm\nis a recognised law entity, complied with the criteria to maintain its status as a recognised\nlaw entity. The annual compliance certificate must be signed by a manager of the law firm.\nIf a law firm fails to comply with a requirement of this provision each manager of the firm\ncommits an offence and liable on summary conviction to a fine of five thousand dollars.\nPart 9 contains clauses 67 to 70 which deal with legal education and practical legal training\nfor local qualification for enrolment of an attorney-at-law.\nClause 67 gives the Board the power to designate a legal educator as a recognised legal\neducator if the Board is satisfied that it has the facilities required to provide legal education\nor practical legal training to a standard required by Part 9.\nClause 68 gives the Board the power to make arrangements for the provision of a system\nof legal education and practical legal training leading to local qualification for enrolment\nas an attorney-at-law. The Cabinet is given the power, after consultation with the Board, to\nmake regulations relating to matters connected with the Board\u2019s functions under section\n68(1).\n\nLegal Services Bill, 2020\nObjects and Reasons\n\nc\n Introduced\nPage 11\n\nClause 68 also gives the Board the power to make arrangements requiring a person\nadmitted as an attorney-at-law to participate in a programme of legal education or practical\nlegal training. The Cabinet is given the power, after consultation with the Board, to make\nregulations relating to matters connected with the Board\u2019s functions under clause 68(1) and\n(2).\nClause 69 provides for regulations in respect of qualifying as an attorney-at-law.\nClause 70 provides for regulations to be made in respect of a programme of legal education\nor practical legal training.\nPart 10 contains clauses 71 to 80 which provides for matters in respect of articles of\nclerkship.\nClause 71 gives the Cabinet the power, after consultation with the Board, to make\nregulations in respect of service under articles of clerkship.\nClause 72 specifies the qualifications required for an attorney-at-law to take an articled\nclerk into the attorney-at-law\u2019s service.\nClause 73 gives a recognised law entity permission to take an articled clerk into the service\nof the recognised law entity.\nClause 74 gives the Attorney General, Director of Public Prosecutions and Clerk of the\nCourt permission to take an articled clerk into their respective service.\nClause 75 gives the Board the power to certify that time spent by a person in a legal or\njudicial department of the public service performing duties is equivalent to a similar time\nspent in the service of an attorney-at-law under articles of clerkship.\nClause 76 gives the Board the power to discharge articles of clerkship in certain\ncircumstances.\nClause 77 provides or the transfer of articles of clerkship.\nClause 78 sets out the obligations of an attorney-at-law or a recognised law entity in\nrelation to an articled clerk.\nPart 11 contains clauses 79 to 95 which provide for the investigation of alleged misconduct\nby an attorney-at-law.\nClause 79 exempts from the application of Part 11 any conduct of a person while holding\nor acting in an office to which section 106 of the Constitution applies.\nClause 80 permits a person to file with the Board a complaint that any specified conduct\nof an attorney-at-law constitutes professional misconduct by the attorney-at-law.\nClause 81 imposes a duty on the Board to investigate a complaint filed under clause 81.\nClause 82 requires the Board to make and publish rules in respect of the process for its\ninvestigation of the conduct of attorneys-at-law.\n\nObjects and Reasons\nLegal Services Bill, 2020\n\nPage 12\n Introduced\nc\n\nClause 83 gives the Board the power to do everything reasonably necessary to investigate\nany conduct of an attorney-at-law that is alleged to constitute professional misconduct.\nClause 84 provides disciplinary sanctions for professional misconduct by an attorney-atlaw.\nClause 85 requires the publication of a striking off and suspension from practice of an\nattorney-at-law to be published.\nClause 86 gives the Board the power to make an interim order to suspend from practice an\nattorney-at-law being investigated by the Board until the investigation has been completed\nand any subsequent order made by the Board under clause 86 has come into effect.\nClause 87 provides for the restoration of name of an attorney-at-law to Roll.\nClause 88 provides for the termination of suspension of an attorney-at-law.\nClause 89 provides for the form and proof of an order of the Board.\nClause 90 requires certain orders of the Board to be filed with the Clerk of the Court.\nClause 91 provides for a fine or payment of costs imposed by an order of the Board to have\neffect as if it were a debt due to the general revenue of the Islands.\nClause 92 entitles an attorney-at-law to appeal to the Court of Appeal against an action\ntaken by the Board under section 85.\nClause 93 provides for the notification of the suspension or striking off of an attorney-atlaw to parties related to a trusteeship held by the attorney-at law.\nClause 94 makes an attorney-at-law guilty of professional misconduct if the attorney-atlaw practises law in contravention of a condition or restriction specified in the attorney-atlaw\u2019s practising certificate.\nClause 95 requires that if, when investigating the conduct of an attorney-at-law, it appears\nto the Board that the attorney-at-law or any other person may have committed an offence\nthe Board must refer the matter to the police.\nPart 12 contains clauses 96 to 101 which are miscellaneous provisions.\nClause 96 provides for practice in the Islands of the law of another jurisdiction.\nClause 97 makes it an offence to knowingly or wilfully provide false or misleading\ninformation in an application, notification, notice or filing under the legislation. The\npunishment for such an offence is a fine of ten thousand dollars or imprisonment for a term\nof five years, or both.\nClause 98 provides for the liability of partners of officers of a limited liability partnership\nor officers of a body corporate where an offence is committed by the limited liability\npartnership or the body corporate.\n\nLegal Services Bill, 2020\nObjects and Reasons\n\nc\n Introduced\nPage 13\n\nClause 99 gives Cabinet the power, after consultation with the Board, to make regulations\nprescribing anything that may be prescribed under the Law, providing for access to the\nlegal profession and training and development of attorneys-at-law or providing for such\nmatters as may be necessary or convenient for carrying out or giving effect to the legislation\nand its administration.\nClause 100 repeals the Legal Practitioners Law (2015 Revision) and saves the Legal\nPractitioners (Students) Regulations (2018 Revision).\nClause 101 gives the Cabinet the power to make regulations to provide for such savings,\ntransitional and consequential provisions to have effect in connection with the coming into\nforce of any provision of this Law as are necessary or expedient. The Regulations may be\ngiven retrospective operation to a day not earlier than the day that the Law comes into\nforce.\n\nLegal Services Bill, 2020\nArrangement of Clauses\n\nc\n Introduced\nPage 15\n\nCAYMAN ISLANDS\n\nLEGAL SERVICES BILL, 2020\nArrangement of Clauses\nClause\nPage\nPART 1 - PRELIMINARY\n1.\nShort title and commencement ................................................................................................ 19\n2.\nInterpretation ........................................................................................................................... 19\nPART 2 - THE CAYMAN ISLANDS LEGAL SERVICES BOARD\n3.\nEstablishment of the Cayman Islands Legal Services Board .................................................... 22\n4.\nConstitution of the Board ......................................................................................................... 22\n5.\nFunctions of the Board ............................................................................................................. 22\n6.\nPowers of the Board ................................................................................................................ 23\n7.\nAppointment of Secretary and staff .......................................................................................... 23\n8.\nTerms and conditions of appointment of members ................................................................... 23\n9.\nActing appointments ................................................................................................................ 24\n10.\nResignation ............................................................................................................................. 24\n11.\nRevocation of appointment ...................................................................................................... 24\n12.\nVacancy................................................................................................................................... 24\n13.\nGazetting appointed members ................................................................................................. 24\n14.\nBoard to regulate its practice and procedures .......................................................................... 25\n15.\nMeetings .................................................................................................................................. 25\n16.\nProtection from liability ............................................................................................................. 25\n17.\nDisclosure of member\u2019s interests ............................................................................................. 25\n18.\nAppointed member to be paid allowance ................................................................................. 26\n19.\nPayment of administrative expenses ........................................................................................ 26\n20.\nBoard to keep proper accounts ................................................................................................ 26\n21.\nBoard to submit annual report .................................................................................................. 26\n22.\nClerk of the Court may be assigned functions .......................................................................... 26\n\nArrangement of Clauses\nLegal Services Bill, 2020\n\nPage 16\n Introduced\nc\n\n23.\nSeal and execution of documents ............................................................................................ 27\nPART 3 - THE PRACTICE OF CAYMAN ISLANDS LAW\n24.\nRestriction on the practice of Cayman Islands law ................................................................... 27\n25.\nAttorneys-at-law may practise Cayman Islands law ................................................................. 28\n26.\nRecognised law entity may practise Cayman Islands law ......................................................... 28\n27.\nExemptions for Attorney General and Director of Public Prosecutions ..................................... 29\n28.\nAbility to practise Cayman Islands law or establish as a law firm ............................................. 29\nPART 4 - ADMISSION AS AN ATTORNEY-AT-LAW\n29.\nAdmission ................................................................................................................................ 29\n30.\nPersonal qualification required for admission ........................................................................... 30\n31.\nAdditional personal qualifications ............................................................................................. 30\n32.\nProfessional qualification required for admission ..................................................................... 30\n33.\nPost- foreign qualification experience requirement ................................................................... 31\n34.\nApplication for admission ......................................................................................................... 31\n35.\nApplication for admission to practise in a specified suit or matter ............................................. 32\nPART 5 - ATTORNEYS-AT-LAW\n36.\nStatus of attorneys-at-law ........................................................................................................ 33\n37.\nRequirements to comply with obligations and to observe Code of Professional Conduct ......... 33\n38.\nClerk of the Court to keep a Roll of attorneys-at-law ................................................................ 34\n39.\nRoll to be open for inspection .................................................................................................. 34\n40.\nCertificate of enrolment ............................................................................................................ 34\n41.\nAlteration in enrolment details .................................................................................................. 35\n42.\nVoluntary removal of name from Roll ....................................................................................... 35\n43.\nRemoval of name from Roll for non-practice ............................................................................ 35\n44.\nKeeping name on Roll ............................................................................................................. 36\n45.\nLaw firm - obligation to give notice ........................................................................................... 36\n46.\nAttorney-at-law may administer oaths ...................................................................................... 37\n47.\nAttorney-at-law and recognised law entity may sue for fees and costs ..................................... 37\nPART 6 - PRACTISING CERTIFICATES\n48.\nAttorney-at-law shall have a practising certificate to practise.................................................... 38\n49.\nApplication for practising certificate .......................................................................................... 38\n50\nIssue of practising certificate .................................................................................................... 39\n51.\nWhen a practising certificate becomes void ............................................................................. 40\n52.\nDetails of practising certificates to be published ....................................................................... 40\nPART 7 - RECOGNISED LAW ENTITY\n53.\nApplications for recognition ...................................................................................................... 41\n54.\nRecognition by Board .............................................................................................................. 41\n55.\nBoard to issue certificate of recognition.................................................................................... 41\n56.\nAppeal against refusal of recognition ....................................................................................... 41\n57.\nChanges to be notified ............................................................................................................. 41\n\nLegal Services Bill, 2020\nArrangement of Clauses\n\nc\n Introduced\nPage 17\n\n58.\nRecognised law entity may only practise Cayman Islands law ................................................. 41\n59\nName of a recognised law entity .............................................................................................. 42\n60.\nRecognised law entity wound up .............................................................................................. 42\n61.\nCompany ceasing to be a recognised law entity and continuing to practise.............................. 42\n62.\nFalsely claiming to be a recognised law entity .......................................................................... 42\nPART 8 - LAW FIRMS\n63.\nPractice of Cayman Islands law by attorney-at-law in another jurisdiction ................................ 42\n64.\nAnnual operational licence ....................................................................................................... 43\n65.\nInsurance ................................................................................................................................. 43\n66.\nAnnual compliance certificate .................................................................................................. 43\nPART 9 - LOCAL EDUCATION AND TRAINING\n67.\nRecognised legal educators ..................................................................................................... 44\n68.\nSystem of legal education and practical legal training .............................................................. 45\n69.\nRegulations in respect of qualifying as an attorney-at-law ........................................................ 45\n70\nRegulations for programme of legal education or practical legal training .................................. 46\nPART 10 - ARTICLES OF CLERKSHIP\n71.\nRegulations - service under articles of clerkship ...................................................................... 46\n72.\nQualifications required to take on an articled clerk ................................................................... 47\n73.\nRecognised law entity may take on an articled clerk ................................................................ 47\n74.\nArticles of Clerkship served in Government offices .................................................................. 47\n75.\nService in a legal or judicial department ................................................................................... 47\n76.\nPower of the Board to discharge articles of clerkship ............................................................... 47\n77.\nTransfer of articles of clerkship ................................................................................................ 48\n78.\nObligations of attorney-at-law or recognised law entity in relation to an articled clerk ............... 48\nPART 11 - INVESTIGATION OF ALLEGED PROFESSIONAL\nMISCONDUCT\n79.\nApplication to senior office holders ........................................................................................... 49\n80.\nComplaints of professional misconduct by attorneys-at-law ..................................................... 49\n81.\nBoard to investigate complaints ............................................................................................... 49\n82.\nBoard to publish rules .............................................................................................................. 49\n83.\nPowers of the Board to investigate ........................................................................................... 50\n84.\nDisciplinary sanctions .............................................................................................................. 51\n85.\nStriking off and suspension from practice to be published ........................................................ 52\n86.\nInterim orders .......................................................................................................................... 52\n87.\nRestoration of name to Roll ..................................................................................................... 52\n88.\nTermination of suspension ....................................................................................................... 53\n89.\nForm and proof of order of Board ............................................................................................. 53\n90.\nCertain orders to be filed in Court ............................................................................................ 53\n91.\nEnforcement of order of Board ................................................................................................. 54\n92.\nAppeal from decision of the Board ........................................................................................... 54\n93.\nTrusteeships held by attorney-at-law suspended or struck off .................................................. 54\n94.\nAttorney-at-law shall comply with conditions and restrictions ................................................... 55\n\nArrangement of Clauses\nLegal Services Bill, 2020\n\nPage 18\n Introduced\nc\n\n95.\nBoard to inform police of possible offence ................................................................................ 55\nPART 12 - MISCELLANEOUS\n96.\nPractice in the Islands of the law of another jurisdiction ........................................................... 55\n97.\nFalse or misleading information ............................................................................................... 57\n98.\nLiability of officers .................................................................................................................... 57\n99.\nRegulations ............................................................................................................................. 57\n100. Repeal and savings ................................................................................................................. 58\n101. Savings, transitional and consequential provisions .................................................................. 58\n\nLegal Services Bill, 2020\nClause 1\n\nc\n Introduced\nPage 19\n\nCAYMAN ISLANDS\n\nLEGAL SERVICES BILL, 2020\n\nA BILL FOR A LAW TO REPEAL AND REPLACE THE LEGAL PRACTITIONERS LAW\n(2015 REVISION); TO REGULATE THE PRACTICE OF CAYMAN ISLANDS LAW; TO\nPROVIDE FOR A SYSTEM OF LEGAL EDUCATION; TO PROVIDE FOR A MECHANISM\nTO DEAL WITH PROFESSIONAL MISCONDUCT; AND FOR INCIDENTAL AND\nCONNECTED PURPOSES\nENACTED by the Legislature of the Cayman Islands.\nPART 1 - PRELIMINARY\n1.\nShort title and commencement\n1.\n(1) This Law may be cited as the Legal Services Law, 2020.\n(2) This Law shall come into force on such date as may be appointed by Order made\nby the Cabinet and different provisions of this Law may be brought into force\non different days and for different purposes.\n2.\nInterpretation\n2.\n(1) In this Law \u2014\n\u201cacting member\u201d means an attorney-at-law appointed to act in the place of the\nappointed member under section 9(1);\n\u201caffiliate\u201d, in respect of a law firm, means a person engaged in the practice of\nCayman Islands law in another jurisdiction which \u2014\n\nClause 2\nLegal Services Bill, 2020\n\nPage 20\n Introduced\nc\n\n(a)\nis trading under a name that is the same as, or similar to, or a derivative of,\nthe name of the law firm;\n(b) is associated with the law firm; or\n(c)\nis a subsidiary of the law firm;\n\u201canother jurisdiction\u201d means any jurisdiction other than the Islands and \u201cother\njurisdictions\u201d shall be construed accordingly;\n\u201cappointed member\u201d means a member of the Board appointed under\nsection 4(1)(c) or (d) and includes a person for the time being appointed as an\nacting member of the Board;\n\u201carticled clerk\u201d means a person who is serving articles of clerkship in\naccordance with Part 10;\n\u201carticles of clerkship\u201d means any contract in writing under which any person\nis bound to serve under the tutelage of an attorney-at-law;\n\u201cattorney-at-law\u201d means a person whose name is on the Roll;\n\u201cBoard\u201d means the Cayman Islands Legal Services Board established under\nsection 3;\n\u201cCayman Islands law\u201d shall be construed in accordance with section 24;\n\u201cCaymanian\u201d has the meaning assigned in section 2 of the Immigration\n(Transition) Law, 2018;\n\u201cChief Justice\u201d includes a person for the time being carrying out the functions\nof the office of Chief Justice;\n\u201cClerk of the Court\u201d has the meaning assigned in section 2 of the Grand Court\nLaw (2015 Revision);\n\u201ccompany\u201d has the meaning assigned in section 2(1) of the Companies Law\n(2020 Revision);\n\u201cConstitution\u201d means the Constitution set out in Schedule 2 to the Cayman\nIslands Constitution Order 2009 (UK S.I. 1379\/2009);\n\u201cCourt\u201d means the Grand Court;\n\u201cdocument\u201d includes an electronic record as defined under section 2 of the\nElectronic Transactions Law (2003 Revision);\n\u201cforeign qualification\u201d shall be construed in accordance with section 32(3);\n\u201cGovernment attorney-at-law\u201d means an attorney-at-law employed in the\nGovernment service in accordance with the Public Service Management Law\n(2018 Revision);\n\u201cjudge\u201d means \u2014\n(a)\na judge of the Grand Court appointed as such under section 106 of the\nConstitution or a person acting as such by virtue of section 97 of the\nConstitution; or\n\nLegal Services Bill, 2020\nClause 2\n\nc\n Introduced\nPage 21\n\n(b) a judge of the Court of Appeal;\n\u201claw firm\u201d means \u2014\n(a)\nan attorney-at-law practising Cayman Islands law in the Islands as a sole\npractitioner;\n(b) a partnership practising Cayman Islands law in the Islands; or\n(c)\na recognised law entity practising Cayman Islands law in the Islands;\n\u201clegal practitioner\u201d means a person who has either qualified locally in\naccordance with section 32(2) or has a foreign qualification in accordance with\nsection 32(3);\n\u201clegal services\u201d means \u2014\n(a)\ngiving legal advice or assistance;\n(b) the exercise of rights of audience before court, tribunal or inquiry;\n(c)\npreparing a document on behalf of another person for use in a court, tribunal\nor inquiry;\n(d) preparing an instrument governed by law that relates to real, personal or\nintangible property; or\n(e)\npreparing evidence for, or giving evidence in a court or tribunal or inquiry\nas to the effect of law;\n\u201clegally and ordinarily resident\u201d shall be construed in accordance with the\nmeaning given to the expression \u201clegal and ordinary residence\u201d in section 2\nof the Immigration (Transition) Law, 2018;\n\u201climited liability partnership\u201d means a limited liability partnership registered\nunder the Limited Liability Partnership Law, 2017;\n\u201cmanager\u201d in respect of a law firm, means a managing partner or a managing\ndirector or a member of the management committee or board of directors or\nequivalent;\n\u201cpartner\u201d means \u2014\n(a) a person who has entered into a partnership in accordance with the\nPartnership Law (2013 Revision); or\n(b) a person who is a partner in a limited liability partnership under the Limited\nLiability Partnership Law, 2017,\nand does not include a person employed as a salaried partner or equivalent;\n\u201cpartnership\u201d has the same meaning as that construed in accordance with\nsection 3 of the Partnership Law (2013 Revision);\n\u201cpractice of Cayman Islands law\u201d and \u201cpractise Cayman Islands law\u201d shall\nbe construed in accordance with section 24;\n\u201cpractising certificate\u201d means a practising certificate issued under section 50;\n\nClause 3\nLegal Services Bill, 2020\n\nPage 22\n Introduced\nc\n\n\u201cpublic officer\u201d has the meaning assigned to that expression in section 124(1)\nof the Constitution;\n\u201cpublish\u201d, in respect of information, means publish in a manner that is likely to\nbring the information to the attention of those affected by the information;\n\u201crecognised law entity\u201d means a company or limited liability partnership\nrecognised as a recognised law entity by the Board under section 54;\n\u201cResidency and Employment Rights Certificate\u201d means a certificate issued\nor granted under the Immigration (Transition) Law, 2018;\n\u201cRoll\u201d means the register known as the Court Roll kept under section 38;\n\u201cRules of Court\u201d mean Rules of Court made under section 19 of the Grand\nCourt Law (2015 Revision);\n\u201csubsidiary\u201d means a company wherever incorporated, the voting control of\nwhich is held by or on behalf of a law firm;\n\u201cSupervisory Authority\u201d, in relation to attorneys-at-law, has the meaning\nassigned to that expression under section 2(1) of the Proceeds of Crime Law\n(2020 Revision); and\n\u201cwork permit\u201d has the meaning assigned in section 2 of the Immigration\n(Transition) Law, 2018.\nPART 2 - THE CAYMAN ISLANDS LEGAL SERVICES BOARD\n3.\nEstablishment of the Cayman Islands Legal Services Board\n3.\nThere is established a body called the Cayman Islands Legal Services Board.\n4.\nConstitution of the Board\n4.\n(1) The Board consists of four members as follows \u2014\n(a)\nthe Chief Justice;\n(b) the Attorney General;\n(c)\na non-practising attorney-at-law appointed by the Premier; and\n(d) a non-practising attorney-at-law appointed by the Leader of the\nOpposition.\n(2) The appointment of an appointed member shall be by instrument in writing.\n(3) A copy of the instrument under subsection (2) shall be filed with the Clerk of\nthe Court.\n5.\nFunctions of the Board\n5.\n(1) The Board shall have the following functions \u2014\n(a)\nto encourage and promote the upholding of the rule of law;\n\nLegal Services Bill, 2020\nClause 6\n\nc\n Introduced\nPage 23\n\n(b) to promote high standards of professional conduct by attorneys-at-law;\n(c)\nto regulate the practice of law in the Islands;\n(d) to encourage and promote the study of law;\n(e)\nto supervise legal education and practical legal training leading to local\nqualification for admission as an attorney-at-law;\n(f)\nto establish or supervise a system of law reporting;\n(g) to carry out the functions imposed on the Board under the Proceeds of\nCrime Law (2020 Revision), in relation to attorneys-at-law, in accordance\nwith the assignment of the Board as the Supervisory Authority under\nsection 4(9) of that Law; and\n(h) to carry out such other functions as are imposed on the Board by this Law\nor any other Law.\n(2) The Board may establish committees for the purposes of advising the Board on,\nor performing, any of its functions under this Law or any other Law and a\ncommittee established under this subsection may comprise \u2014\n(a)\nmembers of the Board only; or\n(b) members of the Board and persons who are not members of the Board.\n(3) The Board may, with the approval of the Cabinet and by written instrument,\ndelegate to any committee of the Board or other person any of its functions under\nthis Law or any other Law together with any powers (except this power of\ndelegation) which the Board determines is necessary or expedient to enable the\ncommittee or other person to carry out the delegate function.\n6.\nPowers of the Board\n6.\nThe Board has the power to do everything reasonably incidental or conducive to\ncarrying out its functions under this Law.\n7.\nAppointment of Secretary and staff\n7.\nThe Deputy Governor shall appoint and employ at such terms and conditions as a\nprovided by this Law and the Public Service Management Law (2018 Revision) \u2014\n(a)\na Secretary to the Board; and\n(b) such other public officers as the Deputy Governor, after consultation with\nthe Attorney-General thinks are necessary for assisting the Board in the\nproper performance of its functions under this Law.\n8.\nTerms and conditions of appointment of members\n8.\n(1) Except as otherwise provided by this Part, an appointed member holds office\nfor five years on terms and conditions determined by \u2014\n\nClause 9\nLegal Services Bill, 2020\n\nPage 24\n Introduced\nc\n\n(a)\nthe Premier, in the case of an appointed member appointed under section\n4(1)(c); or\n(b) the Leader of the Opposition, in the case of an appointed member\nappointed under section 4(1)(d).\n(2) An appointed member is eligible for re-appointment for one additional period\nof three years.\n9.\nActing appointments\n9.\n(1) If, in accordance with section 17, an appointed member has a conflict of interest\nin a matter to be dealt with by the Board, or is otherwise unable to act in relation\nto any matter, the Premier or Leader of the Opposition may, in accordance with\nsection 4(1)(c) or (d), appoint another person to act in the place of the appointed\nmember in the matter.\n(2) An acting appointment under subsection (1) shall be made in the same manner\nas an original appointment.\n(3) An acting member appointed has the same powers, duties and entitlements as\nthe appointed member.\n10.\nResignation\n10. (1) An appointed member may resign from office by letter addressed to the Chief\nJustice.\n(2) The resignation takes effect when the letter is received by the Chief Justice.\n11.\nRevocation of appointment\n11. (1) The Premier in the case an appointed member appointed under section 4(1)(c),\nor the Leader of the Opposition in the case of an appointed member under\nsection 4(1)(d), may, after consulting the other members of the Board, revoke\nthe appointment of the appointed member by letter addressed to the member.\n(2) The revocation takes effect when the letter is received by the member.\n12.\nVacancy\n12. (1) The Premier in the case an appointed member appointed under section 4(1)(c),\nor the Leader of the Opposition in the case of an appointed member under\nsection 4(1)(d), shall, as soon as practicable after a vacancy in the office of\nappointed member arises, fill the vacancy in accordance with this Part.\n(2) The Chief Justice may make an appointment in anticipation of a vacancy arising.\n13.\nGazetting appointed members\n13. The Clerk of the Court shall publish in the Gazette and such other media as the Clerk\nof the Court determines details of each appointment of a member, the resignation of\nan appointed member and the revocation of the appointment of an appointed member.\n\nLegal Services Bill, 2020\nClause 14\n\nc\n Introduced\nPage 25\n\n14.\nBoard to regulate its practice and procedures\n14. Except as otherwise provided by section 15, the Board may regulate its practice and\nprocedures.\n15.\nMeetings\n15. (1) The Board shall meet at times and places determined by the Chief Justice.\n(2) The Chief Justice, in the absence of the Chief Justice, the Attorney General,\nshall preside at a meeting of the Board.\n(3) At a meeting of the Board, the quorum shall be four members present and voting,\nincluding the Chief Justice, or in the absence of the Chief Justice, the Attorney\nGeneral.\n(4) The Board shall reach its decisions by a simple majority vote of its members\npresent and voting.\n(5) If there is an equality of votes the Chief Justice, or in the absence of the Chief\nJustice, the Attorney General, may exercise a second or casting vote.\n(6) The Secretary shall record and keep, or cause to be recorded and kept, all\nminutes of the meetings, proceedings and decisions of the Board but shall not\nhave any right to vote.\n(7) The Board may co-opt any person whom it considers able to assist it in its\ndeliberations and any person so co-opted shall be deemed to be a member for so\nlong as the person is co-opted, except that the person co-opted shall have no\nvote and shall not be counted for the purposes of constituting a quorum.\n16.\nProtection from liability\n16. (1) A member of the Board or a committee of the Board is not liable for claims,\ndamages, costs, charges or expenses resulting from the discharge or purported\ndischarge of a function of the member as a member of the Board or committee\nof the Board.\n(2) Subsection (1) does not apply to claims, damages, costs, charges or expenses\ncaused by the bad faith of the member of the Board or committee of the Board.\n17.\nDisclosure of member\u2019s interests\n17. (1) If an appointed member has a conflict of interest in a matter to be dealt with by\nthe Board, the appointed member shall disclose the fact to the other members of\nthe Board and shall not be present at a meeting of the Board when the matter is\nbeing discussed by the Board.\n(2) An appointed member who contravenes subsection (1) commits an offence and\nis liable \u2014\n(a)\non summary conviction to a fine of twenty thousand dollars or to\nimprisonment for a term of two years, or to both; or\n\nClause 18\nLegal Services Bill, 2020\n\nPage 26\n Introduced\nc\n\n(b) on conviction on indictment to a fine of fifty thousand dollars or to\nimprisonment for a term of five years or to both.\n(3) It is a defence for the member of the Board to prove that the member did not\nknow and could not reasonably have known that the matter in which the member\nhad an interest was the subject of consideration at the meeting.\n(4) A disclosure under subsection (1) shall be recorded in the minutes of the\nmeeting of the Board.\n(5) If the Board is \u2014\n(a)\ninvestigating or determining a complaint against an attorney-at-law;\n(b) hearing an application by a former attorney-at-law to have the attorney-atlaw\u2019s name restored to the Court Roll; or\n(c)\nhearing an application by an attorney-at-law to have a period of suspension\nof the attorney-at-law\u2019s right to practise terminated,\nan appointed member is to be treated as having a conflict of interest if the\nappointed member is a partner, director, shareholder, employee, associate or\nconsultant of the law firm of which the attorney-at-law or former attorney-law\nis or was a partner, director, shareholder, employee, associate or consultant, or\nthe appointed member is the spouse or civil partner, as defined by section 2 of\nthe Civil Partnership Law, 2020, of the attorney-at-law or former attorney-atlaw.\n18.\nAppointed member to be paid allowance\n18. An appointed member shall be paid such allowances as the Cabinet may determine.\n19.\nPayment of administrative expenses\n19. Allowances and other administrative expenses paid or incurred by the Board or any\ncommittee or other person referred to in section 5(3) in carrying out the functions of\nthe Board shall be paid out of the general revenue of the Islands.\n20.\nBoard to keep proper accounts\n20. The Board shall keep proper accounts of its receipts, payments, credits and liabilities.\n21.\nBoard to submit annual report\n21. The Board shall, within three months of the start of each financial year of the Board,\nprepare and submit to the Cabinet an annual report on the performance of the Board\u2019s\nfunctions during the preceding financial year.\n22.\nClerk of the Court may be assigned functions\n22. The Chief Justice may assign to the Clerk of the Court such functions as the Chief\nJustice thinks necessary for the proper carrying out by the Board of its functions.\n\nLegal Services Bill, 2020\nClause 23\n\nc\n Introduced\nPage 27\n\n23.\nSeal and execution of documents\n23. (1) The seal of the Board shall be authenticated by the Chief Justice and one other\nmember of the Board authorised by the Board to do so.\n(2) The seal of the Board shall be judicially noticed.\n(3) The Board may, by resolution, appoint an officer of the Board, either generally\nor in a particular case, to execute on behalf of the Board a document not under\nseal.\nPART 3 - THE PRACTICE OF CAYMAN ISLANDS LAW\n24.\nRestriction on the practice of Cayman Islands law\n24. (1) Except as provided by this Law, a person shall not practise Cayman Islands law\nin the Islands or in another jurisdiction.\n(2) A person who contravenes subsection (1) commits an offence and is liable on\nsummary conviction to a fine of one hundred thousand dollars or to\nimprisonment for a term of two years, or to both.\n(3) For the purposes of subsection (1), a person practises Cayman Islands law if, for\nor in expectation of gain or reward, the person provides legal services in respect\nof Cayman Islands law or in the Islands.\n(4) A person practises Cayman Islands law if the person holds himself or herself as\nqualified to provide legal services for gain or reward.\n(5) Notwithstanding subsections (3) and (4), a person is not to be taken as practising\nCayman Islands law for the purposes of subsection (1) if the person \u2014\n(a)\nin a matter of a legal nature, acts on the person\u2019s own behalf or on behalf\nof an entity, whether or not incorporated, in which the person has an\ninterest or by which, in the case of an individual, the person is employed;\n(b) as a public officer, prepares a document or instrument in the course of the\nperson\u2019s duties;\n(c)\nprepares a memorandum or articles of association of a company;\n(d) as a director or owner of a company, acts on behalf of the company\nwhether in relation to a document, an instrument, a proceeding or\notherwise if permitted by law to do so;\n(e)\nprepares a will that does not contain trust provisions;\n(f)\nprepares a document relating to the sale, purchase or lease of land or\npremises if no mortgage, charge or other form of security interest over land\nis involved;\n(g) prepares a legally prescribed form or document;\n\nClause 25\nLegal Services Bill, 2020\n\nPage 28\n Introduced\nc\n\n(h) prepares a letter or power of attorney;\n(i)\nacts in the transfer of shares containing no trust or limitation;\n(j)\nas a person licensed or registered under a regulatory law, as defined in the\nMonetary Authority Law (2020 Revision), carries out a licensed activity;\n(k) is an arbitrator or counsel brought into the Islands by an attorney-at-law to\nact in arbitration under the Arbitration Law, 2012;\n(l)\nbeing a person practising law in another jurisdiction, prepares a draft of a\ndocument or instrument to be governed by Cayman Islands law, where the\ndocument or instrument will be reviewed, settled and finalised for\nexecution purposes by a law firm or an affiliate;\n(m) is instructed by a law firm or its affiliate to obtain evidence on behalf of a\nperson for use in a court, tribunal or inquiry in the Islands, and where the\nevidence will be reviewed by a law firm or its affiliate on behalf of a\nmutual client;\n(n) being a person practising law in another jurisdiction, is instructed by a law\nfirm or an affiliate to assist, under the supervision of that law firm or\naffiliate, in the preparation of a document (other than evidence or\ncorrespondence) for use in connection with proceedings in a court, tribunal\nor inquiry in the Islands; or\n(o) being a Queen\u2019s Counsel, or equivalent and, practising as such in any court\nof a jurisdiction referred to in section 32(3), instructed by a law firm or an\naffiliate, provides advice as to Cayman Islands law or prepares a document\nfor use in a court, tribunal or inquiry in the Islands.\n(6) The Cabinet may by Order amend subsection (5).\n25.\nAttorneys-at-law may practise Cayman Islands law\n25. Subject to compliance with this Law and regulations made under this Law, an\nattorney-at-law who holds a practising certificate may \u2014\n(a)\npractise Cayman Islands law in the Islands; or\n(b) practise Cayman Islands law in another jurisdiction with an affiliate,\nsubject also to compliance with the law of that jurisdiction.\n26.\nRecognised law entity may practise Cayman Islands law\n26. Subject to compliance with this Law and regulations made under this Law, a\nrecognised law entity may \u2014\n(a)\npractise Cayman Islands law in the Islands; or\n(b) practise Cayman Islands law in another jurisdiction with an affiliate,\nsubject also to compliance with the law of that jurisdiction.\n\nLegal Services Bill, 2020\nClause 27\n\nc\n Introduced\nPage 29\n\n27.\nExemptions for Attorney General and Director of Public Prosecutions\n27. Nothing in this Law shall \u2014\n(a)\nprejudice or affect the rights, including the right in connection with the\nduties of the Attorney General to act as an advocate, or privileges of the\nAttorney General or of any person holding public office in the Attorney\nGeneral\u2019s chambers or of a person instructed by or on behalf of the\nAttorney General to appear for the Attorney General in any cause or matter\nand who possesses the prescribed qualification; or\n(b) prejudice or affect the rights, including the right in connection with the\nduties of the Director of Public Prosecutions to act as an advocate, or\nprivileges of the Director of Public Prosecutions or of any person holding\npublic office in the Office of the Director of Public Prosecutions or of a\nperson instructed by or on behalf of the Director of Public Prosecutions to\nappear for the Director of Public Prosecutions in any cause or matter and\nwho possesses the prescribed qualification.\n28.\nAbility to practise Cayman Islands law or establish as a law firm\n28. (1) Nothing in this Part affects any ability a person, whether or not an attorney-atlaw, may have under any other Law to practise Cayman Islands law.\n(2) Nothing in this Part prohibits an attorney-at-law from establishing that attorneyat-law as a law firm or as a partner or member of a law firm except that \u2014\n(a)\nin the case of a law firm that is an attorney-at-law practising Cayman\nIslands law in the Islands as a sole practitioner, the attorney-at-law shall\nbe a Caymanian;\n(b) in the case of a law firm that is a partnership practising Cayman Islands\nlaw, at least one partner of the partnership shall be an attorney-at-law who\nis Caymanian; or\n(c)\nin the case of a law firm that is a recognised law entity, at least one member\nor partner of the recognised law entity shall be an attorney-at-law who is\nCaymanian.\nPART 4 - ADMISSION AS AN ATTORNEY-AT-LAW\n29.\nAdmission\n29. (1) Subject to subsection (2), a judge may, on an application made in accordance\nwith this Law, admit a person as an attorney-at-law.\n(2) A judge shall not admit a person as an attorney-at-law under subsection (1)\nunless the judge is satisfied that the person \u2014\n(a)\nhas a personal qualification for admission set out in section 30;\n\nClause 30\nLegal Services Bill, 2020\n\nPage 30\n Introduced\nc\n\n(b) has the additional personal qualifications set out in section 31;\n(c)\nhas obtained a professional qualification set out in section 32;\n(d) has any additional post-foreign qualification experience required by\nsection 33; and\n(e)\nis otherwise a fit and proper person to be an attorney-at-law.\n30.\nPersonal qualification required for admission\n30. To be admitted as an attorney-at-law, a person shall \u2014\n(a)\nbe a Caymanian;\n(b) hold a work permit or a Residency and Employment Rights Certificate or\notherwise be entitled under the Immigration (Transition) Law, 2018 to\nreside and work in the Islands as an attorney-at-law in the capacity in\nwhich the person is or is to be employed;\n(c)\nbe employed by the Government; or\n(d) be ordinarily resident in another jurisdiction and be a partner, director,\nmember, employee, associate or consultant of a law firm or an affiliate of\na law firm.\n31.\nAdditional personal qualifications\n31. To be admitted as an attorney-at-law, a person shall satisfy a judge that the person \u2014\n(a)\nis not an undischarged bankrupt;\n(b) has not engaged in conduct that would constitute an act of professional\nmisconduct under this Law; and\n(c)\nis not disbarred for professional misconduct from practising law in another\njurisdiction.\n32.\nProfessional qualification required for admission\n32. (1) To be admitted as an attorney-at-law, a person shall satisfy a judge that the\nperson \u2014\n(a)\nis qualified locally as specified in subsection (2); or\n(b) has a foreign qualification as specified in subsection (3).\n(2) A person is qualified locally if the person \u2014\n(a)\nhas obtained the prescribed educational qualifications in the study of law;\nand\n(b) has undertaken the prescribed period of articles of clerkship in accordance\nwith regulations made under section 71(2)(b).\n(3) A person has a foreign qualification if the person \u2014\n(a)\nis enrolled as a solicitor in England and Wales or Northern Ireland;\n\nLegal Services Bill, 2020\nClause 33\n\nc\n Introduced\nPage 31\n\n(b) has successfully completed the Bar Professional Training Course or a\nqualification considered equivalent to that course by the Bar Council of\nEngland and Wales and, in either case, has served twelve months pupillage\nin England, Wales or Northern Ireland;\n(c)\nis a member of the Faculty of Advocates of Scotland or a writer to the\nSignet of Scotland, a Law Agent or solicitor admitted to practise in\nScotland;\n(d) is an attorney-at-law of the Supreme Court of Jamaica; or\n(e)\nis entitled to practise law in any court of \u2014\n(i)\nAustralia;\n(ii) Canada;\n(iii) a jurisdiction which is a Member of the Caribbean Community that\nis also a Member of the Commonwealth of Nations;\n(iv) the Eastern Caribbean Supreme Court;\n(v) Ireland;\n(vi) Hong Kong;\n(vii) New Zealand; or\n(viii) any another jurisdiction prescribed by Cabinet by Order made upon\nthe recommendation of the Board, being a jurisdiction that has\nadmission qualifications comparable to those mentioned in\nsubsection (2).\n33.\nPost- foreign qualification experience requirement\n33. (1) To be admitted as an attorney-at-law, by virtue of a foreign qualification, a\nperson shall have had at least five years post-qualification experience in the\npractice of law in another jurisdiction.\n(2) The person under subsection (1) shall be in good standing on a register or its\nequivalent maintained by a court or other relevant body of the relevant\njurisdiction for the purpose of section 32(3) that contains the name of each\nperson entitled to practise law in that jurisdiction.\n(3) The post-qualification experience requirements under subsection (1) shall not\napply if the person is Caymanian or the holder of a Residency and Employment\nRights Certificate.\n34.\nApplication for admission\n34. (1) A person may apply for admission to practise as an attorney-at-law by motion\nto the Court.\n(2) An application under subsection (1) shall be filed with the Clerk of the Court\ntogether with \u2014\n\nClause 35\nLegal Services Bill, 2020\n\nPage 32\n Introduced\nc\n\n(a)\nan affidavit that sets out the facts by virtue of which the person claims to\nbe qualified to be admitted;\n(b) the documentary evidence set out in subsection (3); and\n(c)\nthe prescribed admission fee.\n(3) The documentary evidence referred to in subsection (2)(b) is evidence as to \u2014\n(a)\nthe person\u2019s personal qualification for admission as set out in section 30;\n(b) the person\u2019s additional personal qualifications as set out in section 31;\n(c)\nthe person\u2019s professional qualification as set out in section 32; and\n(d) if the person is applying by virtue of a foreign qualification to which\nsection 32(3) applies, evidence as to \u2014\n(i)\nthe person\u2019s possession of any additional post-foreign qualification\nexperience as required by section 33(1); and\n(ii) the person\u2019s professional good standing in the jurisdiction in which\nthe person obtained the foreign qualification as required by\nsection 33(2).\n35.\nApplication for admission to practise in a specified suit or matter\n35. (1) An application may be made in the Islands to a judge to permit a person to\nappear, advise or act in a specified suit or matter if the person has come or\nintends to come to the Islands for that purpose.\n(2) If the judge gives the permission, the person may carry out the functions of an\nattorney-at-law for the specified suit or matter upon obtaining a practising\ncertificate limited to those functions.\n(3) An application under subsection (1) shall be made by a law firm.\n(4) The law firm shall satisfy the judge \u2014\n(a)\nthat the law firm has instructed the person to appear, act or advise in the\nspecified suit or matter;\n(b) that the person has the qualifications in law required to appear, act or\nadvise in the specified suit or matter; and\n(c)\nin the case of an application to allow a person, other than a Queen\u2019s\nCounsel, or equivalent, and practising as such in any court of a jurisdiction\nreferred to in section 32(3), to appear, to advise or to act in a specified suit\nor matter, that there are exceptional circumstances to justify approving the\napplication and for this purpose, the fact that the applicant law firm does\nnot itself have sufficient capacity to act or to advise in the specified suit or\nmatter shall not be considered an exceptional circumstance.\n(5) A judge, when considering an application under subsection (1) made by a law\nfirm, shall, in particular, consider \u2014\n\nLegal Services Bill, 2020\nClause 36\n\nc\n Introduced\nPage 33\n\n(a)\nthe complexity of the specified suit or matter and the need for a specialist\nin respect of the suit or matter;\n(b) the professional experience and expertise of the person proposed to appear,\nto advise or to act in the specified suit or matter; and\n(c)\nwhether approval of the application would be consistent with public\npolicy, including \u2014\n(i)\nthe promotion of the legal profession and advocacy in the Islands, its\nsustainability, competence and advancement;\n(ii) the promotion and maintenance of a fair and efficient court system in\nthe Islands; and\n(iii) the Grand Court Rules, 1995 (Revised).\n(6) An application under subsection (1) shall be accompanied the prescribed\napplication fee.\n(7) Part 11 shall apply to a person referred to in subsection (1) as if the person were\nan attorney-at-law.\n(8) The Rules Committee of the Grand Court may make rules for the better\nimplementation of this section.\nPART 5 - ATTORNEYS-AT-LAW\n36.\nStatus of attorneys-at-law\n36. (1) Subject to subsection (2), an attorney-at-law is an officer of the Court.\n(2) An attorney-at-law shall not appear on behalf of another person in a court,\ntribunal or inquiry in the Islands if the attorney-at-law holds a practising\ncertificate issued pursuant to section 48(2)(b).\n(3) Subsection (2) shall not apply to an attorney-at-law who is Caymanian.\n37.\nRequirements to comply with obligations and to observe Code of\nProfessional Conduct\n37. (1) An attorney-at-law or a recognised law entity shall comply with an obligation\nimposed on the attorney-at-law or recognised law entity under this Law or\nRegulations made under this Law.\n(2) A failure to comply with subsection (1) amounts to professional misconduct and\naccordingly may be the subject of disciplinary proceedings.\n(3) Cabinet shall, after consultation with the Board, by Order published in the\nGazette, issue a Code of Professional Conduct for attorneys-at-law and\nrecognised law entities.\n\nClause 38\nLegal Services Bill, 2020\n\nPage 34\n Introduced\nc\n\n(4) An attorney-at-law or a recognised law entity shall observe the Code of\nProfessional Conduct issued under subsection (3).\n(5) Notwithstanding subsection (1) and (4), a failure to comply with subsection (4)\ndoes not amount to professional misconduct, but any such failure may in\ndisciplinary proceedings in relation to the attorney-at-law or a recognised law\nentity be relied upon as evidence to establish professional misconduct by the\nattorney-at-law or recognised law entity.\n38.\nClerk of the Court to keep a Roll of attorneys-at-law\n38. (1) The Clerk of the Court shall keep a register which shall be known as the Court\nRoll.\n(2) The Clerk of the Court shall, in respect of each person admitted for the time\nbeing to practise as an attorney-at-law, enter on the Roll \u2014\n(a)\nthe person\u2019s full name and business address;\n(b) the person\u2019s nationality;\n(c)\nthe date the person was first admitted to practise Cayman Islands law;\n(d) details of the qualifications in respect of which the person was admitted to\npractise law;\n(e)\nthe area of law in which the person specialises and a description of the\nperson\u2019s post-qualification experience in that area; and\n(f)\nthe name of the person\u2019s employer, if any.\n39.\nRoll to be open for inspection\n39. (1) The Clerk of the Court shall keep the Roll and documents relating to the Roll at\nthe Court.\n(2) If the Office of the Court is open, the Clerk of the Court shall permit a person\nto inspect the Roll free of charge.\n40.\nCertificate of enrolment\n40. (1) Upon the name of a person being entered in the Roll, the Clerk of the Court shall\ngrant a certificate of enrolment in the prescribed form to the person.\n(2) The certificate of enrolment is to be granted under the seal of the Court and shall\nbe signed by the Clerk of the Court.\n(3) The production of the certificate of enrolment is evidence that the person named\nin the certificate of enrolment is enrolled as an attorney-at-law.\n(4) The certificate of enrolment is admissible in evidence without further proof of\nits sealing and signing.\n\nLegal Services Bill, 2020\nClause 41\n\nc\n Introduced\nPage 35\n\n41.\nAlteration in enrolment details\n41. (1) If there is an alteration in the details registered in the Roll in respect of an\nattorney-at-law, the attorney-at-law shall, within thirty days of the alteration,\nnotify the Clerk of the Court giving details of the alteration.\n(3) After the notification is given under subsection (1), the Clerk of the Court shall\namend the Roll as appropriate.\n42.\nVoluntary removal of name from Roll\n42. (1) An attorney-at-law may apply to the Clerk of the Court to have the name of the\nattorney-at-law removed from the Roll.\n(2) The Clerk of the Court may remove the name of an attorney-at-law who applies\nto be removed from the Roll under subsection (1) from the Roll.\n(3) Rules of Court may prescribe the form and manner of an application under\nsubsection (1).\n43.\nRemoval of name from Roll for non-practice\n43. (1) This section applies where the name of an attorney-at-law appears on the Roll\nbut the attorney-at-law has ceased to hold a practising certificate.\n(2) The Clerk of the Court shall as soon as practicable after of an attorney-at-law\nceases to hold a practising certificate send a notice to the attorney-at-law at the\nresidential address of the attorney-at-law entered on the Roll.\n(3) The notice under subsection (2) shall inform the attorney-at-law that unless the\nattorney-at-law \u2014\n(a)\napplies for a practising certificate; or\n(b) if the attorney-at-law is a Caymanian or with a law firm, applies to keep\nthe attorney-at-law\u2019s name on the Roll,\nthe Clerk of the Court shall remove the name of the attorney-at-law from the\nRoll after three months of the service of the notice.\n(4) If, within three months after the service of the notice under subsection (2), the\nattorney-at-law has not applied for a practising certificate or applied to keep the\nattorney-at-law\u2019s name on the Roll, the Clerk of the Court shall remove the name\nof the attorney-at-law from the Roll.\n(5) The Clerk of the Court shall, as soon as practicable, publish the name of any\nattorney-at-law whose name has been removed from the Roll under this section.\n(6) If the Clerk of the Court removes the name of an attorney-at-law from the Roll\nunder this section, the Clerk of the Court shall \u2014\n(a)\nimmediately following the removal, provide the Board with the name of\nthe attorney-at-law that has been removed from the Roll under this section;\nand\n\nClause 44\nLegal Services Bill, 2020\n\nPage 36\n Introduced\nc\n\n(b) as soon as practicable after the removal, publish a notice stating that the\nname of the attorney-at-law has been removed from the Roll under this\nsection.\n44.\nKeeping name on Roll\n44. (1) This section applies if an attorney-at-law who is \u2014\n(a)\nCaymanian; or\n(b) employed by a law firm or an affiliate of a law firm,\ndoes not wish to practise Cayman Islands law but wishes to keep the attorneyat-law\u2019s name on the Roll.\n(2) An attorney-at-law referred to in subsection (1) may apply, before 31st January\nin each year, to the Clerk of the Court to keep the attorney-at-law\u2019s name on the\nRoll.\n(3) An application under subsection (2) shall \u2014\n(a)\nbe made on a form approved for the purpose by the Clerk of the Court;\n(b) be accompanied by the prescribed fee; and\n(c)\nbe accompanied by evidence that the attorney-at-law does not owe any\npenalty to the Board.\n(4) The application form approved by the Clerk of the Court under subsection (3)(a)\nshall require the attorney-at-law to \u2014\n(a)\nspecify the attorney-at-law\u2019s current residential or business address and if\nthe attorney-at-law is with a law firm or its affiliate, the name and address\nof the law firm or its affiliate;\n(b) specify every jurisdiction, other than the Islands, in which the attorney-atlaw is admitted to practise law; and\n(c)\nstate whether or not the attorney-at-law is or has been the subject of a\ndisciplinary complaint or action that could cause or did cause the attorneyat-law\u2019s name to be struck off the roll of a jurisdiction in which the\nattorney-at-law is or was admitted.\n(5) If the Clerk of the Court refuses to keep the name of the attorney-at-law on the\nRoll, the attorney-at-law may, within thirty days of the refusal, appeal to the\nCourt against the refusal on the grounds that the refusal was unreasonable\nhaving regard to all the circumstances.\n45.\nLaw firm - obligation to give notice\n45. (1) This section applies if a law firm or an affiliate of a law firm ceases to employ\nin another jurisdiction an attorney-at-law who is not a Caymanian.\n\nLegal Services Bill, 2020\nClause 46\n\nc\n Introduced\nPage 37\n\n(2) A law firm shall, on or before 31st January in each year by written notice, inform\nthe Clerk of the Court of the name of each attorney-at-law that has ceased to be\nemployed during the previous twelve months in accordance with subsection (1).\n(3) An attorney-at-law referred to in subsection (2) may, by written notice, apply to\nthe Clerk of the Court to have the attorney-at-law\u2019s name kept on the Roll stating\nthe reason, consistent with this Law, why the attorney-at-law\u2019s name should\nremain on the Roll.\n(4) After receipt of the notice from the law firm and any notice from the attorneyat-law, the Clerk of the Court shall remove the name of the attorney-at-law from\nthe Roll unless the attorney-at-law has satisfied the Clerk of the Court that there\nare adequate reasons consistent with this Law for not removing the name of the\nattorney-at-law from the Roll.\n(5) If the Clerk of the Court removes the name of an attorney-at-law from the Roll\nunder this section, the Clerk of the Court shall \u2014\n(a)\nimmediately following the removal, provide the Board with the name of\nthe attorney-at-law that has been removed from the Roll under this section;\nand\n(b) as soon as practicable after the removal, publish a notice stating that the\nname of the attorney-at-law has been removed from the Roll under this\nsection.\n(6) The managers of a law firm shall ensure that the law firm complies with this\nsection.\n(7) If a law firm fails to comply with a requirement of this section each manager of\nthe law firm commits an offence and is liable on summary conviction to a fine\nof five thousand dollars.\n46.\nAttorney-at-law may administer oaths\n46. An attorney-at-law may administer oaths.\n47.\nAttorney-at-law and recognised law entity may sue for fees and costs\n47. (1) An attorney-at-law or a recognised law entity may sue for fees and costs in\nrespect of services rendered by the attorney-at-law or recognised law entity as\nan attorney-at-law or recognised law entity, as the case may be.\n(2) Notwithstanding subsection (1) \u2014\n(a)\nan attorney-at-law may not sue for fees and costs except in respect of\nservices rendered by the attorney-at-law when the attorney-at-law held a\npractising certificate that authorised the attorney-at-law to render the\nservice; and\n\nClause 48\nLegal Services Bill, 2020\n\nPage 38\n Introduced\nc\n\n(b) a recognised law entity may not sue for fees and costs except in respect of\nservices rendered by the recognised law entity when the recognised law\nentity was under this Law, a recognised law entity.\nPART 6 - PRACTISING CERTIFICATES\n48.\nAttorney-at-law shall have a practising certificate to practise\n48. (1) An attorney-at-law shall not practise Cayman Islands law other than in\naccordance with subsection (2) or (4).\n(2) A practising certificate may authorise an attorney-at-law to do any of the\nfollowing \u2014\n(a)\nto practise Cayman Islands law principally in the Islands; or\n(b) to practise Cayman Islands law principally in another jurisdiction.\n(3) An attorney-at-law who holds a practising certificate \u2014\n(a)\nissued under subsection (2)(a), shall not be in breach of this section by\npractising Cayman Islands law outside of the Islands, provided that the\nattorney-at-law\u2019s principal place of practice remains within the Islands; or\n(b) issued pursuant to subsection (2)(b), shall not be in breach of this section\nby practising Cayman Islands law in the Islands or elsewhere, provided\nthat the attorney-at-law\u2019s principal place of practice remains that other\njurisdiction.\n(4) A Government attorney-at-law is deemed to be the holder of a practising\ncertificate authorising the attorney-at-law to practise Cayman Islands law both\nin the Islands and in another jurisdiction on behalf of the Government.\n(5) A certificate in the form approved by the Attorney General and signed by the\nAttorney General to the effect that a particular person is a Government attorneyat-law is evidence of that fact.\n49.\nApplication for practising certificate\n49. (1) An attorney-at-law may obtain a practising certificate on application to the\nBoard.\n(2) An application for a practising certificate shall, subject to subsection (3), be\nmade by a law firm in the form approved for the purpose by the Board and shall\nbe accompanied by the prescribed practising certificate fee.\n(3) An application for a practising certificate shall \u2014\n(a)\nstate the jurisdiction that will be the attorney-at-law\u2019s principal place of\npractice during the currency of the practising certificate applied for;\n\nLegal Services Bill, 2020\nClause 50\n\nc\n Introduced\nPage 39\n\n(b) specify any jurisdiction, other than the Islands, in which the attorney-atlaw is admitted to practise law; and\n(c)\nstate whether or not the attorney-at-law is or has been the subject of a\ndisciplinary complaint or action that could cause or did cause the attorneyat-law\u2019s name to be struck off the roll of a jurisdiction in which the\nattorney-at-law is or was admitted.\n50\nIssue of practising certificate\n50. (1) The Board may, on an application made in accordance with section 49, issue a\npractising certificate.\n(2) The Board shall issue and publish guidance on the matters that the Board shall\nhave regard to in issuing a practising certificate including \u2014\n(a)\nthe number of practising certificates that are issued to attorneys-at-law\npractising Cayman Islands law in another jurisdiction with affiliates of the\nlaw firm;\n(b) the compliance by the attorney-at-law with any applicable programme of\nlegal education and practical legal training that will be undertaken in the\nattorney-at-law\u2019s principal place of practice during the currency of the\npractising certificate;\n(c)\nthe jurisdiction that will be the attorney-at-law\u2019s principal place of practice\nduring the currency of the practising certificate; and\n(d) compliance by the law firm, its affiliates and the attorney-at-law with this\nLaw and regulations made under this Law.\n(3) The Board shall, before determining an application under subsection (1) for an\nattorney-at-law to practise Cayman Islands law in another jurisdiction, have\nregard to the matters specified in the guidance issued and published under\nsubsection (2).\n(4) Notwithstanding subsection (1), if in an application for a practising certificate,\nit is stated that an attorney-at-law is \u2014\n(a)\nsuspended from practice; or\n(b) the subject of a disciplinary complaint or action that could cause or caused\nthe attorney-at-law\u2019s name to be struck off the roll of a jurisdiction in\nwhich the attorney-at-law is or was admitted,\nthe Board shall not issue a practising certificate except pursuant to an order of\nthe Court.\n(5) In determining whether to issue a practising certificate authorising an attorneyat-law to practise Cayman Islands law in another jurisdiction, the Board shall\nhave regard to the matters specified in the guidance issued and published under\nsubsection (2).\n\nClause 51\nLegal Services Bill, 2020\n\nPage 40\n Introduced\nc\n\n(6) Notwithstanding subsection (1), the Board shall not issue a practising certificate\nthat authorises an attorney-at-law to practise Cayman Islands law in another\njurisdiction if the total number of attorneys-at-law practising in all other\njurisdictions with affiliates of the law firm would exceed the number of\nattorneys-at-law practising in the Islands with the law firm.\n(7) Notwithstanding subsection (1), the Board shall not issue a practising certificate\nthat authorises an attorney-at-law to practise Cayman Islands law in another\njurisdiction unless the attorney-at-law swears the prescribed oath or makes the\nprescribed affirmation.\n(8) A practising certificate shall be in the form approved by the Board.\n(9) A practising certificate is valid from the date of its issue and expires on 31st\nJanuary of the ensuing year unless before that date the practising certificate\nbecomes void.\n51.\nWhen a practising certificate becomes void\n51. A practising certificate issued to an attorney-at-law becomes void \u2014\n(a)\non the name of the attorney-at-law being removed from the Roll;\n(b) on the attorney-at-law being suspended from practice;\n(c)\non the attorney-at-law being adjudicated bankrupt; or\n(d) when an attorney-at-law, other than a Caymanian or a holder of a\nResidency and Employments Rights Certificate, has ceased to be\nemployed by a law firm or an affiliate of a law firm.\n52.\nDetails of practising certificates to be published\n52. (1) The Board shall publish \u2014\n(a)\nduring February in each year, an alphabetical list of attorneys-at-law who\nhave at the previous 31st January obtained a practising certificate; and\n(b) thereafter, as soon as practicable, the name of any attorney-at-law who\nsubsequently obtains a practising certificate during that year.\n(2) As soon as practicable after the Board becomes aware that a practising\ncertificate has become void, the Board shall publish the name of the attorneyat-law who held the practising certificate and the fact that attorney-at-law\u2019s\npractising certificate has become void.\n\nLegal Services Bill, 2020\nClause 53\n\nc\n Introduced\nPage 41\n\nPART 7 - RECOGNISED LAW ENTITY\n53.\nApplications for recognition\n53. (1) An application by a company or limited liability partnership for recognition as\na recognised law entity shall be made on a form approved for the purpose by the\nBoard.\n(2) An application under subsection (1) shall be accompanied by the prescribed\napplication fee.\n54.\nRecognition by Board\n54. The Board may recognise a company or limited liability partnership as a recognised\nlaw entity if the Board \u2014\n(a)\nis satisfied that the company or limited liability partnership complies with\nsection 28(2)(c); and\n(b) is otherwise satisfied that the company or limited liability partnership is a\nsuitable body to practise Cayman Islands law.\n55.\nBoard to issue certificate of recognition\n55. (1) If the Board recognises a company or limited liability partnership as a\nrecognised law entity, the Board shall issue a certificate of recognition to the\ncompany or limited liability partnership.\n(2) A certificate of recognition shall be in a form approved by the Board and shall\nspecify the name of the recognised law entity and its registered office.\n(3) The Board shall also publish a notice stating that the company or limited liability\npartnership has been recognised as a recognised law entity and its name.\n56.\nAppeal against refusal of recognition\n56. If the Board refuses to recognise a company or limited liability partnership as a\nrecognised law entity, the company or limited liability partnership may, within thirty\ndays of the refusal, appeal to the Court against the refusal on the grounds that the\nrefusal was unreasonable having regard to all the circumstances.\n\n57.\nChanges to be notified\n57. A recognised law entity shall, within sixty days after a change in its directors,\nmanagers, members or partners, notify the Board of the change.\n58.\nRecognised law entity may only practise Cayman Islands law\n58. (1) A recognised law entity shall not carry on any business other than the practice\nof Cayman Islands law.\n\nClause 59\nLegal Services Bill, 2020\n\nPage 42\n Introduced\nc\n\n(2) Notwithstanding subsection (1), a recognised law entity may, with the approval\nof the Board, carry on a business associated with its practice of Cayman Islands\nlaw.\n(3) If a recognised law entity fails to comply with this section, it ceases to be a\nrecognised law entity.\n59\nName of a recognised law entity\n59. A recognised law entity may carry on business under a name that does not include the\nword \u201cLimited\u201d, or the abbreviation \u201cLtd.\u201d, if it holds itself out to be a recognised\nlaw entity.\n60.\nRecognised law entity wound up\n60. A recognised law entity ceases to be a recognised law entity if a winding up order\nunder the Companies Law (2020 Revision) or the Limited Liability Partnership Law,\n2017 is made in respect of it.\n61.\nCompany ceasing to be a recognised law entity and continuing to practise\n61. (1) If a company or limited liability partnership ceases to be a recognised law entity\nbut continues to practise Cayman Islands law, in addition to the company or\nlimited liability partnership committing an offence under section 62, each\ndirector, manager or member of the company or limited liability partnership\nwho is an attorney-at-law is guilty of professional misconduct.\n(2) As soon as practicable after the Board becomes aware that a company or limited\nliability partnership has ceased to be a recognised law entity, the Board shall\npublish the name of the company or limited liability partnership and the fact that\nit has ceased to be a recognised law entity.\n62.\nFalsely claiming to be a recognised law entity\n62. (1) A person shall not describe itself as a recognised law entity or hold itself out as\na recognised law entity unless it is a recognised law entity.\n(2) A person that acts in contravention of subsection (1) commits an offence and is\nliable on summary conviction to a fine of one hundred thousand dollars.\nPART 8 - LAW FIRMS\n63.\nPractice of Cayman Islands law by attorney-at-law in another jurisdiction\n63. (1) An attorney-at-law shall not practise Cayman Islands law in another jurisdiction\notherwise than with a law firm or with an affiliate of a law firm.\n\nLegal Services Bill, 2020\nClause 64\n\nc\n Introduced\nPage 43\n\n(2) An attorney-at-law who contravenes subsection (1) commits an offence and is\nliable on summary conviction to a fine of fifty thousand dollars or to\nimprisonment for a term of two years, or to both.\n64.\nAnnual operational licence\n64. (1) A law firm shall have an annual operational licence to practise Cayman Islands\nlaw.\n(2) Subject to subsection (4), a law firm shall apply to the Clerk of the Court for an\nannual operational licence in the form approved by the Clerk of the Court.\n(3) An application under subsection (2) shall be accompanied by the prescribed\nannual operational licence fee.\n(4) The form of an application approved by the Clerk of the Court under\nsubsection (2) shall require the law firm to supply \u2014\n(a)\nthe law firm\u2019s name;\n(b) the address or addresses both in the Islands and in another jurisdiction\nwhere the law firm or any affiliate of the law firm practises Cayman\nIslands law; and\n(c)\nthe name of each of the attorneys-at-law in practice with the law firm or\nany affiliate of the law firm, whether in the Islands or in another\njurisdiction, who hold practising certificates.\n(5) An annual operational licence is valid from the date of issue and expires on 31st\nJanuary of the next year.\n(6) The Clerk of the Court shall, before 31st March in each year, publish in the\nGazette a list of law firms with an annual operational licence as at that date.\n65.\nInsurance\n65. The Cabinet may, after consultation with the Board, make regulations requiring law\nfirms to secure insurance for a prescribed minimum amount of cover against losses\narising from claims in respect of civil liabilities incurred by such law firms in the\npractice of Cayman Islands law and any business associated with the practice of\nCayman Islands law permitted under this Law.\n66.\nAnnual compliance certificate\n66. (1) A law firm shall, on or before 31st January in each year, deliver to the Board a\ncertificate indicating whether or not the law firm has, during the previous\nyear \u2014\n(a)\ncomplied with each obligation imposed on the law firm and any affiliate\nby this Law; and\n(b) where the law firm is a recognised law entity, complied with the criteria to\nmaintain its status as a recognised law entity.\n\nClause 67\nLegal Services Bill, 2020\n\nPage 44\n Introduced\nc\n\n(2) If the law firm and any affiliate has not, during the previous year, complied with\nany of the obligations referred to under subsection (1), the law firm shall\nconcurrently with the delivery of the annual compliance certificate specify to\nthe Board which obligation has not been met and the action (if any) the law firm\nand any affiliate has subsequently taken to ensure future compliance with the\nobligation.\n(3) The managers of a law firm shall ensure that the law firm and any affiliate\ncomplies with subsection (1) and that the annual compliance certificate the law\nfirm delivers is complete and correct in all material respects.\n(4) The annual compliance certificate shall be signed by a manager of the law firm.\n(5) If a law firm fails to comply with a requirement of this section each manager of\nthe law firm commits an offence and is liable on summary conviction to a fine\nof five thousand dollars.\nPART 9 - LOCAL EDUCATION AND TRAINING\n67.\nRecognised legal educators\n67. (1) The Board may designate a legal educator as a recognised legal educator for the\npurpose of this Part if the Board is satisfied that the legal educator has the\nfacilities required to provide legal education or practical legal training to a\nstandard required by this Part.\n(2) A legal educator seeking designation as a recognised legal educator shall apply\nto the Board in accordance with this section.\n(3) An application under subsection (1) shall be accompanied by evidence\nsufficient to show that the legal educator has the facilities necessary to provide\nlegal education or practical legal training to the required standard.\n(4) If the Board designates a legal educator as a recognised legal educator, the Board\nshall publish, in the Gazette and such other media as the Board may determine,\nthe name of the legal educator and the fact that the legal educator has been\nrecognised by the Board.\n(5) The Board may, by at least one month\u2019s written notice to a legal educator, cancel\nthe designation as a recognised legal educator if the Board is satisfied that the\nlegal educator is failing to provide legal education or practical legal training to\na standard required by this Law.\n(6) If the Board cancels the designation of a legal educator as a recognised legal\neducator under subsection (5), the Board shall publish, in the Gazette and such\nother media as the Board may determine, the name of the legal educator and the\nfact that the designation as a recognised legal educator has been cancelled by\nthe Board.\n\nLegal Services Bill, 2020\nClause 68\n\nc\n Introduced\nPage 45\n\n(7) A legal educator, whether or not providing or intending to provide legal\neducation, that falsely holds itself out as a recognised legal educator commits\nan offence and is liable on summary conviction to a fine of fifty thousand\ndollars.\n(8) In this section \u2014\n\u201cto provide legal education or practical legal training\u201d, in addition to\nproviding legal education or practical legal training for attorneys-at-law or\nprospective attorneys-at-laws, includes providing legal education or practical\nlegal training in relation to paralegal assistants, legal secretaries or other persons\ninvolved in the practice of law; and\n\u201clegal educator\u201d means a person that is capable of providing legal education or\npractical legal training.\n68.\nSystem of legal education and practical legal training\n68. (1) The Board may make arrangements for the provision of a system of legal\neducation and practical legal training leading to local qualification for enrolment\nas an attorney-at-law.\n(2) The Board may make arrangements requiring a person admitted as an attorneyat-law to participate in a programme of legal education or practical legal\ntraining.\n(3) The Cabinet, after consultation with the Board, may make regulations relating\nto matters connected with the Board\u2019s functions under subsection (1).\n(4) The Cabinet, after consultation with the Board, may make regulations relating\nto matters connected with the Board\u2019s functions under subsection (2).\n69.\nRegulations in respect of qualifying as an attorney-at-law\n69. Without prejudice to the generality of section 68(3), regulations made under that\nsection may prescribe \u2014\n(a)\nthe qualifications required for enrolment as an attorney-at-law including\nrequirements for any of the following \u2014\n(i)\nthe successful completion of a prescribed period of service under\narticles of clerkship; and\n(ii) the attainment of prescribed academic qualifications;\n(b) the qualifications required for admission to legal education in the Islands;\n(c)\nthe examinations to be taken for enrolment for legal education and for\nadmission including \u2014\n(i)\nthe papers that are to be set;\n(ii) the syllabuses to be followed;\n\nClause 70\nLegal Services Bill, 2020\n\nPage 46\n Introduced\nc\n\n(iii) the courses of lectures to be given by suitably qualified lecturers in\nany subject included in the examination;\n(iv) the time and place at which an examination may be held;\n(v) the setting, correcting and marking of papers;\n(vi) the conduct of the examinations; and\n(vii) the fees to be paid for examinations for enrolment and admission;\nand\n(d) different examinations in respect of persons who \u2014\n(i)\npossess different qualifications; or\n(ii) have followed or are following different courses of study.\n70\nRegulations for programme of legal education or practical legal training\n70. Without prejudice to the generality of section 68(4), regulations made under that\nsection may prescribe \u2014\n(a)\nthe times and places at which the programme of legal education or practical\nlegal training is to be held;\n(b) the subjects to be covered by the programme of legal education or practical\nlegal training; and\n(c)\nthe persons that may provide the programme of legal education or practical\nlegal training.\nPART 10 - ARTICLES OF CLERKSHIP\n71.\nRegulations - service under articles of clerkship\n71. (1) The Cabinet, after consultation with the Board, may make regulations in respect\nof service under articles of clerkship.\n(2) Without prejudice to the generality of subsection (1), regulations made under\nthat subsection may \u2014\n(a)\nprescribe the minimum qualifications required by a person to be admitted\nfor service under articles of clerkship;\n(b) prescribe the period for which articles of clerkship shall be undertaken;\n(c)\nprovide for the terms, including remuneration and conditions of service,\non which an articled clerk may be taken and retained by an attorney-atlaw;\n(d) provide for the conduct, duties and responsibilities towards each other of\nthe parties to articles of clerkship; and\n(e)\nmay make different provision in relation to different categories of persons.\n\nLegal Services Bill, 2020\nClause 72\n\nc\n Introduced\nPage 47\n\n72.\nQualifications required to take on an articled clerk\n72. (1) An attorney-at-law \u2014\n(a)\nwho has been admitted as a legal practitioner in any jurisdiction for at least\nseven continuous years; and\n(b) who has held a Cayman Islands practising certificate for at least five years,\nmay take a person with the prescribed qualification into that attorney-at-law\u2019s\nservice as an articled clerk.\n(2) An attorney-at-law who has two or more articled clerks in that attorney-at-law\u2019s\nservice may not take any additional articled clerk into that attorney-at-law\u2019s\nservice without the written approval of the Board.\n73.\nRecognised law entity may take on an articled clerk\n73. A recognised law entity may take on a person with the prescribed qualifications into\nthat recognised law entity\u2019s service as an articled clerk.\n74.\nArticles of Clerkship served in Government offices\n74. (1) The Attorney General and, with the leave of the Attorney General, the Director\nof Public Prosecutions and the Clerk of the Court may take an articled clerk into\ntheir respective service.\n(2) The provisions of this Part, except section 72(2), that apply to attorneys-at-law\nand articled clerks in their service apply equally to the Attorney General,\nDirector of Public Prosecutions and Clerk of the Court and to articled clerks in\ntheir respective service.\n75.\nService in a legal or judicial department\n75. If the Board is satisfied that a person in a legal or judicial department of the public\nservice is performing duties that are mainly legal in nature, the Board may certify that\ntime spent by a person in the legal or judicial department performing those duties is\nequivalent to a similar time spent in the service of an attorney-at-law under articles\nof clerkship.\n76.\nPower of the Board to discharge articles of clerkship\n76. The Board may discharge the articles of clerkship of the articled clerk upon such\nterms as the Board thinks fit if \u2014\n(a)\nan attorney-at-law to whom an articled clerk is articled is declared\nbankrupt;\n(b) the name of an attorney-at-law to whom an articled clerk is articled is\nstruck off the Roll;\n(c)\nan attorney-at-law to whom an articled clerk is articled is suspended from\npractice;\n\nClause 77\nLegal Services Bill, 2020\n\nPage 48\n Introduced\nc\n\n(d) a recognised law entity to which an articled clerk is articled is wound up;\n(e)\na recognised law entity to which an articled clerk is articled ceases to be a\nrecognised law entity;\n(f)\nthe Board is satisfied after investigation that an articled clerk is not a fit\nand proper person to become an attorney-at-law;\n(g) upon the application of either an attorney-at-law or a recognised law entity\nor that attorney-at-law\u2019s or recognised law entity\u2019s articled clerk, the\nBoard is satisfied that the articles of clerkship of the articled clerk ought\nto be discharged; or\n(h) if an attorney-at-law or a recognised law entity has in that attorney-at-law\u2019s\nor recognised law entity\u2019s service an articled clerk in contravention of this\nPart.\n77.\nTransfer of articles of clerkship\n77. (1) This section applies if an application is made to the Board by an attorney-at-law\nor a recognised law entity and that attorney-at-law\u2019s or recognised law entity\u2019s\narticled clerk for permission to transfer the articles of clerkship of the articled\nclerk to another attorney-at-law or recognised law entity.\n(2) The Board may, subject to subsection (3), give permission if the Board\nconsiders it proper to give the permission sought under subsection (1).\n(3) The permission under subsection (2) may be given subject to any conditions the\nBoard may think fit to impose.\n(4) If articles of clerkship of an articled clerk are transferred to an attorney-at-law\nor recognised law entity pursuant to permission given under this section, the\narticled clerk becomes the articled clerk of the attorney-at-law or recognised law\nentity to which the articles of clerkship are transferred.\n(5) The articles of clerkship under which the articled clerk was serving immediately\nbefore the transfer shall continue to have effect as though the attorney-at-law or\nrecognised law entity to which the articled clerk was transferred had originally\nbeen a party to those articles of clerkship.\n(6) Subsection (5) is subject to any modifications made to the articles of clerkship\nby the Board.\n78.\nObligations of attorney-at-law or recognised law entity in relation to an\narticled clerk\n78. (1) If an attorney-at-law or recognised law entity has an articled clerk in that\nattorney-at-law\u2019s or recognised law entity\u2019s service, the attorney-at-law or\nrecognised law entity shall ensure that during the period of articles of clerkship\nof the articled clerk, the articled clerk \u2014\n\nLegal Services Bill, 2020\nClause 79\n\nc\n Introduced\nPage 49\n\n(a)\nreceives adequate legal training including training relating to professional\nresponsibility, legal etiquette and conduct;\n(b) is exposed to all major areas of the Cayman Islands law practised by the\nattorney-at-law or recognised law entity; and\n(c)\nparticipates in courses, workshops or programmes that relate to the areas\nof Cayman Islands law in which the articled clerk is being trained.\n(2) If an attorney-at-law or recognised law entity fails to comply with this section\nand as a result is found guilty of professional misconduct, the attorney-at-law or\nrecognised law entity shall not take any person into that attorney-at-law\u2019s or\nrecognised law entity\u2019s service as an articled clerk until the Board advises the\nattorney-at-law or recognised law entity otherwise.\nPART 11 - INVESTIGATION OF ALLEGED PROFESSIONAL\nMISCONDUCT\n79.\nApplication to senior office holders\n79. This Part does not apply to any conduct of a person while holding or acting in an\noffice to which section 106 of the Constitution applies or to any other Government\nattorney-at-law.\n80.\nComplaints of professional misconduct by attorneys-at-law\n80. Any person may file with the Board a complaint that any specified conduct of an\nattorney-at-law constitutes professional misconduct by the attorney-at-law.\n81.\nBoard to investigate complaints\n81. (1) The Board shall investigate a complaint filed under section 81.\n(2) The Board shall, on its own initiative, investigate any conduct of an attorney-atlaw if the Board becomes aware that the conduct may constitute professional\nmisconduct by the attorney-at-law.\n(3) The Board has no power to investigate any conduct by an attorney-at-law that\nwas known or could reasonably have been known more than six years before\nthe complaint was made or the Board became aware of the conduct.\n(4) The Board shall, having investigated the conduct of an attorney-at-law,\ndetermine if such conduct amounts to professional misconduct by the attorneyat-law.\n82.\nBoard to publish rules\n82. (1) The Board shall make and publish rules regarding the procedure for its\ninvestigation of the conduct of attorneys-at-law.\n\nClause 83\nLegal Services Bill, 2020\n\nPage 50\n Introduced\nc\n\n(2) The rules made under subsection (1) shall set out \u2014\n(a)\nthe manner in which a complaint may be made to the Board about the\nconduct of an attorney-at-law; and\n(b) the manner in which the Board will conduct its investigation into the\nconduct of an attorney-at-law.\n(3) The rules made under subsection (1) \u2014\n(a)\nmay provide for preliminary proceedings to be held to determine if\nsufficient evidence of an attorney-at-law\u2019s conduct exists to show if it may\namount to professional misconduct;\n(b) shall give an attorney-at-law whose conduct is being investigated a\nreasonable opportunity to be heard either in person or through counsel; and\n(c)\nshall provide that a hearing of the Board to investigate the conduct of an\nattorney-at-law is to be held in public unless the Board is of the view that\npublicity would prejudice the interests of justice or commercial\nconfidence.\n(4) The Board shall publish both in the Gazette and in such other media as the Board\ndetermines notice of any rules made by the Board under this section.\n(5) The notice under subsection (4) shall state where copies of the rules made by\nthe Board under this section may be obtained.\n83.\nPowers of the Board to investigate\n83. (1) The Board has the power to do everything reasonably necessary to investigate\nany conduct of an attorney-at-law that is alleged to constitute professional\nmisconduct.\n(2) Without prejudice to the generality of the power of the Board under subsection\n(1), the Board may do any of the following \u2014\n(a)\nconvene a hearing to investigate the conduct;\n(b) issue summonses to compel the attendance of a person at a hearing;\n(c)\ncompel the production of a document or any other information from a\nperson who the Board has reasonable grounds to believe can assist in\ninvestigating the conduct;\n(d) require a person to verify by affidavit a document submitted or information\nprovided to the Board; and\n(e)\nexamine witnesses on oath, affirmation or otherwise at a hearing.\n(3) A person is commits an offence if the person \u2014\n(a)\nfails to comply with a summons issued by the Board under\nsubsection (2)(b);\n\nLegal Services Bill, 2020\nClause 84\n\nc\n Introduced\nPage 51\n\n(b) when required to do so under subsection (2)(c), fails or refuses to produce\na document or any other information or produces a document or\ninformation that is false or misleading;\n(c)\nwhen required to do so under subsection (2)(d), fails or refuses to verify a\ndocument submitted or information provided to the Board by affidavit\nwhen required to do so by the Board; or\n(d) as a witness at a hearing by the Board, fails or refuses to answer a question\nput to the person or provides an answer that is false or misleading.\n(4) A person who commits an offence under subsection (3) is liable \u2014\n(a)\non summary conviction to a fine of twenty thousand dollars or to\nimprisonment for a term of two years, or to both; or\n(b) on conviction on indictment to a fine of fifty thousand dollars or to\nimprisonment for a term of five years, or to both.\n84.\nDisciplinary sanctions\n84. (1) If, after investigating any conduct of an attorney-at-law, the Board is satisfied\nthe conduct constitutes professional misconduct by the attorney-at-law, the\nBoard may take one or more of the following actions \u2014\n(a)\norder that the name of the attorney-at-law be struck off the Roll;\n(b) order that the attorney-at-law\u2019s practising certificate be qualified to the\neffect that the attorney-at-law is not entitled to appear as an advocate\nbefore all or any court or to practise in a specific area of law, in either case,\npermanently or for a specified period;\n(c)\norder that the attorney-at-law be suspended from practice as an attorneyat-law for a specified period, not exceeding five years;\n(d) order the attorney-at-law to pay a fine of fifty thousand dollars;\n(e)\nreprimand the attorney-at-law;\n(f)\nadvise the attorney-at-law as to the attorney-at-law\u2019s future conduct; or\n(g) take no action against the attorney-at-law.\n(2) Whether or not the Board takes any action against an attorney-at-law, the Board\nmay do either or both of the following \u2014\n(a)\nreport the conduct of the attorney-at-law to any other professional\nassociation having jurisdiction over the attorney-at-law; or\n(b) order the attorney-at-law to pay the costs of the investigation, which shall\nbe taxed in accordance with the Rules of the Court.\n\nClause 85\nLegal Services Bill, 2020\n\nPage 52\n Introduced\nc\n\n85.\nStriking off and suspension from practice to be published\n85. If the Board orders that the name of an attorney-at-law be struck off the Roll or that\nan attorney-at-law be suspended from practice, other than for an interim period under\nsection 86, the Clerk of the Court shall publish, both in the Gazette and in such other\nmedia as the Clerk of the Court determines, the name of the attorney-at-law and the\nfact \u2014\n(a)\nthat the name of the attorney-at-law has been struck off the Roll; or\n(b) that the attorney-at-law has been suspended from practice and the period\nof the suspension.\n86.\nInterim orders\n86. (1) If any conduct of an attorney-at-law is being investigated by the Board, the\nBoard may make an interim order that the attorney-at-law be suspended from\npractice until the investigation has been completed and any subsequent order\nmade by the Board under section 84 has come into effect.\n(2) If the investigation is into the alleged misuse of a trust fund by the attorney-atlaw, the Court, on the application of the Board, may make an order that, until\nthe investigation has been completed and any subsequent order made by the\nBoard under section 84 has come into effect, a trust fund operated by the\nattorney-at-law be operated by an accountant or a bank approved by the Board.\n87.\nRestoration of name to Roll\n87. (1) If the name of an attorney-at-law was removed from the Roll on the request of\nthe attorney-at-law or on the order of the Board, the former attorney-at-law may\nat any time apply to the Board for the restoration of the former attorney-at-law\u2019s\nname to the Roll.\n(2) Subject to subsection (3), the Board may, after hearing the application under\nsubsection (1), order that the name of the former attorney-at-law be restored to\nthe Roll with or without conditions and any such conditions shall be specified\nin any practising certificate issued to the attorney.\n(3) The Board shall not make an order under subsection (2) unless the Board is\nsatisfied that the former attorney-at-law is a fit and proper person to practise as\nan attorney-at-law.\n(4) If the Board orders that the name of a former attorney-at-law be restored to the\nRoll, the Clerk of the Court shall, on payment by the former attorney-at-law of\nthe prescribed fee, restore the name of the attorney-at-law to the Roll and\npublish, both in the Gazette and in such other media as the Clerk of the Court\ndetermines, a notice specifying \u2014\n(a)\nthe name of the attorney-at-law;\n(b) the fact that name of the attorney-at-law is restored to the Roll; and\n\nLegal Services Bill, 2020\nClause 88\n\nc\n Introduced\nPage 53\n\n(c)\nthe condition, if any, which the attorney-at-law is subject to under\nsubsection (2).\n88.\nTermination of suspension\n88. (1) If an attorney-at-law has been suspended from practice on the order of the Board\nunder section 85, the attorney-at-law may at any time apply to the Board for the\nsuspension to be terminated.\n(2) After hearing the application under subsection (1), the Board may, if the Board\nis satisfied that the attorney-at-law is a fit and proper person to practise as an\nattorney-at-law, order that the attorney-at-law\u2019s suspension from practice be\nterminated with effect from a date specified in the order.\n(3) If the Board orders that an attorney-at-law\u2019s suspension from practice be\nterminated under this section, the Clerk of the Court shall, on payment by the\nattorney-at-law of the prescribed fee specified, publish, both in the Gazette and\nin such other media as the Clerk of the Court determines, a notice specifying the\nname of the attorney-at-law, the fact that the attorney-at-law\u2019s suspension from\npractice has been terminated and the date from which the termination has effect.\n89.\nForm and proof of order of Board\n89. A document purporting to be an order of the Board and purporting to be signed on its\nbehalf by the Chief Justice shall, in the absence of evidence to the contrary, be taken\nto be an order of the Board duly made, without proof of its making, or proof of\nsignature, or proof that the person signing the order was entitled to sign the order.\n90.\nCertain orders to be filed in Court\n90. (1) An order of the Board under this Law \u2014\n(a)\nthat the name of an attorney-at-law be struck off the Roll;\n(b) that the name of a person be restored to the Roll;\n(c)\nthat an attorney-at-law be suspended from practice, other than by an\ninterim order made under section 86; or\n(d) that the suspension of an attorney-at-law from practice be terminated,\nshall be filed with the Clerk of the Court.\n(2) An order referred to in subsection (1) takes effect and is enforceable as if it were\nan order of the Court.\n(3) If an order referred to in subsection (1) is \u2014\n(a)\nthat an attorney-at-law\u2019s name be struck off the Roll; or\n(b) that the attorney-at-law be suspended from practice,\n\nClause 91\nLegal Services Bill, 2020\n\nPage 54\n Introduced\nc\n\nthe order shall not take effect until the expiry of the time allowed for appeal\nunder section 94, but, if an appeal is commenced, until the appeal is determined\nor withdrawn.\n(4) An order filed under this section may be inspected by a person during office\nhours of the Court Office without payment of a fee.\n91.\nEnforcement of order of Board\n91. If the Board makes an order that imposes a fine or provides for the payment of costs,\nthe fine or payment has effect as if it were a debt due to the Crown.\n92.\nAppeal from decision of the Board\n92. (1) An attorney-at-law may appeal to the Court of Appeal against an action taken\nby the Board under section 84.\n(2) An appeal under this section shall be by way of a new hearing in respect of the\nconduct of the attorney-a-law that the Board has determined constituted\nprofessional misconduct by the attorney-at-law.\n(3) An appeal under this section shall be made within such time and in such form\nas may be prescribed by Rules of the Court of Appeal.\n(4) On hearing an appeal under this section, Court of Appeal may confirm, reverse,\nor modify the action taken by the Board.\n93.\nTrusteeships held by attorney-at-law suspended or struck off\n93. (1) If an attorney-at-law is suspended from practice or if the name of the attorneyat-law is struck off the Roll, the Board may serve a notice signed by two\nmembers of the Board requiring the person upon whom the notice is served to\nsupply to the Board, in so far as it is practicable to do so \u2014\n(a)\na list showing any wills in which the attorney-at-law is appointed as a\ntrustee, and the names and addresses of the testators;\n(b) a list of any other trusteeships that are held by the attorney-at-law under\nany trust or are to be held by the attorney-at-law on the occurrence of any\nevent and the beneficiaries under the trusts;\n(c)\nif the attorney-at-law is a sole practitioner, details of the client funds held\nby the attorney-at-law; and\n(d) any other particulars as may be necessary to enable the Board to exercise\nits powers under subsection (3).\n(2) The notice under subsection (1) shall be served \u2014\n(a)\non the attorney-at-law or on a person carrying on the attorney-at-law\u2019s\npractice; or\n\nLegal Services Bill, 2020\nClause 94\n\nc\n Introduced\nPage 55\n\n(b) if the attorney-at-law is a partner, member, employee, associate or\nconsultant of a law firm, on the law firm or on a partner, member,\nemployee, associate or consultant of the law firm.\n(3) After the Board receives the list required under subsection (1), the Board may,\nnotwithstanding anything to the contrary under this Part, notify \u2014\n(a)\na testator named in the list;\n(b) a beneficiary named in the list; or\n(c)\na person having power to appoint or remove the trustees in respect of a\ntrust mentioned in the list,\nthat the attorney-at -law has been suspended from practice or that the name of\nthe attorney-at -law has been struck off the Roll.\n(4) In this section, \u201ctrust\u201d means a trust of any kind and includes the duties\nincidental to the office of a personal representative.\n(5) A person who, without lawful justification or excuse, fails or refuses to comply\nwith the requirement of a notice under this section served commits an offence\nand liable \u2014\n(a)\non summary conviction to a fine of twenty thousand dollars or to\nimprisonment for a term of two years, or to both; or\n(b) on conviction on indictment to a fine of fifty thousand dollars or to\nimprisonment for a term of five years, or to both.\n94.\nAttorney-at-law shall comply with conditions and restrictions\n94. An attorney-at-law who practises law in contravention of a condition or restriction\nspecified in the attorney-at-law\u2019s practising certificate commits an act of professional\nmisconduct.\n95.\nBoard to inform police of possible offence\n95. If, when investigating the conduct of an attorney-at-law, it appears to the Board that\nthe attorney-at-law or any other person may have committed an offence the Board\nshall refer the matter to the police.\nPART 12 - MISCELLANEOUS\n96.\nPractice in the Islands of the law of another jurisdiction\n96. (1) A person shall not practise in the Islands the law of another jurisdiction without\nthe consent of the Board and a person who acts in contravention of this\nsubsection commits an offence and is liable on summary conviction to a fine of\nfifty thousand dollars.\n\nClause 96\nLegal Services Bill, 2020\n\nPage 56\n Introduced\nc\n\n(2) For the purposes of subsection (1), a person practises the law of another\njurisdiction if \u2014\n(a)\nthe person practises that law for or in expectation of gain or reward; or\n(b) the person holds that person out as prepared to practise the law of another\njurisdiction.\n(3) An application for consent under subsection (1) shall be made to the Board on\na form approved by the Board.\n(4) The application shall be accompanied by \u2014\n(a)\nthe prescribed application fee;\n(b) evidence sufficient to show that the person is practising the law of another\njurisdiction;\n(c)\nevidence that the person is qualified to practise the law of another\njurisdiction; and\n(d) evidence that the person is a fit and proper person to practise the law of\nanother jurisdiction.\n(5) The Board may give consent if the Board is satisfied \u2014\n(a)\nthat the person is practising the law of another jurisdiction;\n(b) that the person is a suitable person to practise that law and is qualified to\npractise that law; and\n(c)\nthat to give consent would not be prejudicial to the interests of the Islands.\n(6) If the Board gives consent, the Board shall issue a certificate of consent to the\nperson in the form approved by the Board.\n(7) The form shall specify \u2014\n(a)\nthe name of the person and the address in the Islands where the person\npractises the law of the other jurisdiction; and\n(b) the jurisdiction in respect of which the person practises that law.\n(8) The Board shall also publish a notice stating \u2014\n(a)\nthat the person has been given consent under this section;\n(b) the name of the person; and\n(c)\nthe jurisdiction in respect of which the consent has been given.\n(9) The Board may cancel the consent given to a person under this section by written\nnotice to the person if the Board is satisfied that \u2014\n(a)\nthe person has ceased to have any of the qualifications necessary to be\ngiven the consent; or\n(b) the practice of the law of another jurisdiction by the person has become\nprejudicial to the interests of the Islands.\n\nLegal Services Bill, 2020\nClause 97\n\nc\n Introduced\nPage 57\n\n(10) If the Board refuses to give consent to a person or cancels the consent given to\na person, the person may, within thirty days of being given notice of the refusal\nor cancellation, appeal to the Court against the refusal or cancellation on the\ngrounds that the refusal or cancellation was unreasonable having regard to all\nthe circumstances.\n(11) A person with consent given under this section is not required to be licensed\nunder the Trade and Business Licensing Law (2019 Revision) or the Local\nCompanies (Control) Law (2019 Revision).\n97.\nFalse or misleading information\n97. (1) A person shall not knowingly or wilfully provide false or misleading\ninformation in an application, notification, notice or filing under this Law.\n(2) A person who contravenes subsection (1) commits an offence and is liable on\nsummary conviction to a fine of ten thousand dollars or to imprisonment for a\nterm of five years, or to both.\n98.\nLiability of officers\n98. (1) If an offence under this Law that has been committed by a partnership, limited\nliability partnership or body corporate is proved to have been committed with\nthe consent or connivance of, or to be attributable to any wilful neglect on the\npart of a person \u2014\n(a)\nwho is a partner of the partnership or limited liability partnership, or a\ndirector, manager, secretary or other similar officer of the body corporate;\nor\n(b) who is purporting to act in any such capacity,\nthat person also commits the offence and is liable to be proceeded against and\npunished accordingly.\n(2) If the affairs of a body corporate are managed by that body corporate\u2019s members,\nsubsection (1) shall apply in relation to the acts and defaults of a member in\nconnection with the member.\n99.\nRegulations\n99. (1) The Cabinet may, after consultation with the Board, make regulations \u2014\n(a)\nprescribing anything that may be prescribed under this Law;\n(b) providing for access to the legal profession and training and development\nof attorneys-at-law; or\n(c)\nproviding for such matters as may be necessary or convenient for carrying\nout or giving effect to this Law and its administration.\n(2) Without prejudice to the generality of subsection (1), regulations made under\nsubsection (1)(b) may make provisions giving the Board the power to assess and\n\nClause 100\nLegal Services Bill, 2020\n\nPage 58\n Introduced\nc\n\nmonitor compliance with such regulations and, the provisions may include\nprovisions giving the Board the power to delegate the power to assess and\nmonitor compliance with the regulations to another person.\n(3) Regulations made under this Law may \u2014\n(a)\nmake different provision in relation to different cases or circumstances;\n(b) contain such transitional, consequential, incidental or supplementary\nprovisions as appear to Cabinet to be necessary or expedient for the\npurposes of such regulations; or\n(c)\ncreate an offence punishable by a fine not exceeding ten thousand dollars.\n100. Repeal and savings\n100. (1) Subject to subsection (2), the Legal Practitioners Law (2015 Revision) is\nrepealed.\n(2) The Legal Practitioners (Students) Regulations (2018 Revision) shall continue\nin force with the necessary modifications until they are repealed by regulations\nmade under section 99.\n101. Savings, transitional and consequential provisions\n101. (1) The Cabinet may make regulations to provide for such savings, transitional and\nconsequential provisions to have effect in connection with the coming into force\nof any provision of this Law as are necessary or expedient.\n(2) Regulations made under subsection (1) may be given retrospective operation to\na day not earlier than the day that this Law comes into force.9\nPassed by the Legislative Assembly the\nday of\n, 2020.\n\nSpeaker\n\nClerk of the Legislative Assembly","akn_extracted_at":"2026-06-22 15:41:22.628891+00","cms_id":"2020-0056","law_type":"bill","year":"2020","number":"56","title":"Citation of Acts of Parliament Act","status":"bill"},"provenance":{"files":[{"file_id":"7055","expr_id":"2256","kind":"akn_xml","filename":"2020-0056.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2020\/2020-0056\/2020-0056.akn.xml","content_md5":"0025ea79867860654679645e27d4f597","byte_size":"130673","http_last_modified":null,"fetched_at":"2026-06-22 15:41:23.207589+00"},{"file_id":"4511","expr_id":"2256","kind":"pristine_pdf","filename":"2020-0056.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2020\/2020-0056\/2020-0056.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2020\/2020-0056\/2020-0056.pdf","content_md5":"d9b3edab2c9b2b731228e2311cee0c9f","byte_size":"1246088","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.322111+00"},{"file_id":"4512","expr_id":"2256","kind":"working_pdf","filename":"2020-0056.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2020\/2020-0056\/2020-0056.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2020\/2020-0056\/2020-0056.pdf","content_md5":"d9b3edab2c9b2b731228e2311cee0c9f","byte_size":"1246088","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.322111+00"}],"paragraph_count":93,"latest_history":null},"quality":{"expr_id":"2256","doc_id":"2256","quality_state":"known_issue","quality_score":"55","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_commencement_metadata,verify_title_metadata}","finding_severity_counts":"{\"low\": 2, \"high\": 1, \"medium\": 1}","finding_summary":"stored title is not visible in the opening extracted text; repeated line furniture detected: cayman islands x3; legal services bill 2020 x58; introduced x56","assessed_at":"2026-06-22 15:29:46.275921+00","updated_at":"2026-06-22 15:29:46.275921+00"}}