Cayman Bar Association and Chief Justice all want a modern Legal Practitioners’ Law
Law firms will only receive good standing if they have a high number of Caymanians who are associates of the firm and if they provide articles for Caymanian graduates of the Truman Bodden Law School or other internationally accredited institutions that offer a law degree programme.
A law firm will also be mandated to award scholarships to Caymanian students to pursue a law degree and legal profession qualification either in the Cayman Islands or overseas. The firms will have to account for the number of Caymanian attorneys-at-law who have benefited from in-house training and succession programmes, among other measures.
The proposed bill is accompanied by the Qualified Firm Overseas Practice Regulations 2012 that outlines how firms will be certified as qualified to carry on business within or outside of the Cayman Islands. A law firm wishing to be recognised as qualified must apply in writing to the Legal Council and must meet much criteria together with information on the number of equity partners, salaried partners and associate partners in the firm and the date on which they were made partners; the number of equity partners, salaried partners and associate partners that are Caymanian and the number of equity partners, salaried partners and associate partners who were Caymanians when admitted to practise as an attorney-at-law in the Islands, and other requirements.
The number of Caymanian attorneys-at-law who have advanced to become partners in the firm as a result of post qualification training and the number of Caymanians who are employed as corporate support staff of the firm will also be determinants for granting qualified practice status to a law firm.
Dale Crowley, the president of the Cayman Bar Association, which is calling for this bill said:
“The association has always strived to achieve a balanced law which enables local firms to compete successfully on a global basis but which provides for the proper regulation and discipline of the profession within and outside of the Cayman Islands, and affords suitable protection for the recruitment, training, development and progression of Caymanians within it.”
He emphasized his association would continue pressing on with the Bill to ensure it is balanced so it can be passed into law this year. He did admit that there was still a lot of work to do.
Crowley made his remarks at the Grand Court Opening last Wednesday (16) contributing to the on-going row between government, local lawyers, the Cayman Bar Association on the one hand and the Law Society and major firms on the other
Cayman Islands Chief Justice, Anthony Smellie, also gave his response to all the speakers on the subject saying he was concerned to see the law passed and offered to assist with the difficulties being faced, as he has done in the past.