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Lawyer raises concerns over new draft Practitioners Bill

Monday, February 12, 2007

Hon Alden McLaughlin
Minister of Education


One lawyer has already contacted the Government with concerns regarding the first draft of the Legal Practitioners Bill which was distributed to the industry recently for public comment.

Hon Alden McLaughlin, Minister of Education, told the press recently that he had received an e-mail from a partner at one of the major law firms with concerns about various aspects of the draft bill.

“The whole question of whether or not we license lawyers who practice Cayman Islands law in other jurisdictions has always been a very sensitive and controversial issue,” he said.

“It is increasingly an issue now as more and more firms set up operations elsewhere and the vehicles being used – fund administration or various other matters - are Cayman Islands instruments, so Cayman Islands law is relevant.

“This is going to be the subject of continuing discussion between us and the profession, but I am sure we will reach a decision which is satisfactory.”

The Law Reform Commission began work on the draft bill in September 2005 and the public consultation period ends on 20 February this year.

Of the major inserts in this draft that are not in the current law is the provision of a Complaints Committee to hear grievances against practicing attorneys-at-law.

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

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