First steps made for controversial lawyers law
(CNS): Cabinet has approved the first steps in the rollout of the still controversial Legal Services Act (LSA), which was passed over two years ago but has not been implemented. Cabinet’s decision to implement just two parts in full and two sections of another part will pave the way for the formation of the Cayman Islands Legal Services Council, provided for in the law, to oversee the profession. It will also enable Cabinet to make regulations and start the process of repealing the outdated Legal Practitioners’ Law.
“We have struggled with the issue of trying to regulate the modern dynamic practice of Cayman Islands law using a 1969 legislative framework, which has been wholly inadequate,” said Premier Wayne Panton, who has a long involvement in trying to get some form of law for the profession on which all practitioners could agree.
“The status quo is an injustice to the profession, the jurisdiction and the interests of Caymanian lawyers and we must move forward with the commencement of the LSA. If further amendments appear necessary over time in the interests of all stakeholders then we must be committed to those as well,” he added in a press release.
Well aware that the legislation will continue to stir up controversy, as not all practising attorneys support it, Panton said the controversial elements will not be implemented yet.
“Once the council, supported by members of the profession, do the foundational work, they may identify aspects which can be improved upon and the process still offers us an opportunity to make adjustments before full commencement of the LSA,” Panton noted.
He said that starting with Parts 1 and 2 and Sections 99 and 101 was an important preliminary step in bringing the council to life so it can begin the substantial amount of work that needs to be done to facilitate the implementation of the rest of the law.
“This includes the regulations, fee structure, the immigration requirements, operational procedures and disciplinary rules, amongst other things. This step helps members of the legal profession, including members of the Cayman Islands Legal Practitioners Association (CILPA) and non-CILPA members, to collaborate on methods to assist the council in commencing the remaining LSA sections, accompanying regulations and other practical matters,” the premier explained.
Once the council is appointed, it can make the preparations and administrative arrangements to facilitate the orderly rollout of the other ten parts of the law. Members of the legal profession will also need to provide input into how the work of the Cayman Attorneys Regulatory Association (CARA) will merge into the council as that association ceases to exist.
Governments have been trying to modernise the law for well over three decades but have constantly been met with conflict within the profession, especially concerns over discrimination against Caymanian attorneys. Local lawyers say this is an issue that plagues the sector but the larger firms have persistently rejected efforts to tackle it.
During the 2013-2017 PPM-led coalition government, Panton, who was at the time the minister for financial services, brought a bill to parliament that got through the first two readings. However, in the face of significant opposition from local lawyers and smaller firms, then-premier Alden McLaughlin pulled the bill ahead of the 2017 general election, fearing its impact on the PPM’s chances of retaining government.
It was not until October 2020 that the PPM brought another version of the law to parliament, which passed through all three stages but was still opposed by some members of the profession.
See the law in the CNS Library.
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Seems a lot of unparticularised moaning by people with an axe to grind.
It’s truly depressing to see so many comments from people that profess to know the law and yet who seem to think that Cayman legislation has an extra-territorial effect.
Someone sitting in Hong Kong is not subject to Cayman criminal statute any more than we sitting here are subject to Hong Kong criminal law.
As a result, all this hand waiving and these claims that this constitutes long-standing criminal behaviour is, at best, idiotic.
However much you may feel that unlicensed persons should not be holding themselves out as Cayman competent elsewhere, it is simply NOT a crime for them to do so unless the jurisdiction in which it takes place says it is.
To provide clarification to this anonymous writer, the gist of extra-territorial reach and application of Cayman law in this context is , inter alia, highlighted below. However, I am not going in detail, but just enough to make the point.
So, for example, let’s say that there have been breaches of ss.10(1), 12(3), Legal Practitioners Act taken in conjunction together with ss.2, 133-136, 142, 144, Proceeds of Crime Act and ss.2, 4, 321-322, Penal Code.
Let’s further say that the proceeds of unlawful profits from overseas practice is deposited into the formal monetary system by a foreign lawyer or by an overseas law firm (with attachment to a local law firm, whether as a multi-jurisdictional firm or as an affiliate), then there is an array of money laundering offences (depending upon the specific fact-scenario) that could apply.
In Drafting Cayman Islands Trusts (2006, Kluwer Law International) at p.8, when discussing s.10(1) of the Legal Practitioners Act (which, if breached, on summary conviction is a criminal offence, that carries — in isolation — a CI$200-fine) for a drafter of trusts governed by Cayman law, James Kessler and Tony Pursall remarked:
“Drafting requires formal qualifications. The general rule is that the drafting must be done by an attorney-at-law admitted to practice in the Cayman Islands and enrolled. The non-attorney, who, for a fee, ‘draw[s] or prepare[s] any instrument relating to movable or immovable property’, commits an offence…The only safe course of action, therefore, is to assume that the offence applies in relation to any document governed by Cayman Islands law.
[I]t is a criminal offence for a firm of accountants; a trust company (in Cayman or anywhere else) or a lawyer admitted in another jurisdiction (who is not also admitted in the Cayman Islands) to draft a trust governed by Cayman Islands law. This is so even if the work is done by an employee of the firm who is himself a Cayman Islands attorney; for it is the firm which supplies the service and receives the reward.”
Sections 2(2) and (10), Proceeds of Crime Act (2020 Revision), provide:
“(2) This Law applies to property wherever situated…(10) Any provision in this Law which refers to criminal property, criminal conduct, money laundering…shall be read as referring also to suspicion of the same whether or not the property concerned is thought to be in the Islands, outside the islands or at whereabouts unknown…”.
In R v Rogers [2014] EWCA Crim 1080 at [52], when commenting that money laundering offences under the UK Proceeds of Crime Act have extra-territorial effect, the English Court of Appeal stated, inter alia, that:
“The offence of money laundering is par excellence an offence which is no respect of national boundaries. It would be surprising indeed if Parliament had not intended the Act to have extra-territorial effect (as we have found).”
Please also see s.4 of the Penal Code (2022 Revision), which read as follows:
“4. When an act which, if done wholly within the jurisdiction of the court, would be an offence against this Law, is partly done within and partly beyond the jurisdiction, every person who within the jurisdiction does or takes any part in such act may be tried and punished under this Law in the same manner as if such act had been done wholly within the jurisdiction.”
I am afraid that the above, while no doubt long, misses the mark in a number of places.
The reference to the Proceeds of Crime Act is irrelevant to the point at hand since it presupposes an offence has been committed. This is precisely the point being contended.
It also misses the fact that it is a standard cannon of statutory interpretation that statutes are not intended to have extra-territorial effect. For as simple a summary are possible see: https://en.wikipedia.org/wiki/Extraterritorial_jurisdiction
While it is OPEN to the authorities of a jurisdiction (including the Cayman Islands) to seek to make it a criminal offence to undertake actions entirely outside its jurisdiction, that would generally require clear language to that effect. In the UK (as but one example), extra-territorial effect is the EXCEPTION, not the rule.
This is why, for example, there have been entities in the Cayman Islands that have been involved for years in investment in medical cannabis on an entirely legal basis: i.e. because the jurisdiction in which the activity took place allowed for the same, regardless of whether it would be an offence to do so in the Cayman Islands at the time.
Of course, it is correct that if aspects of the offence are committed here, the persons committing such offence in Cayman may be liable, but that misunderstands how most Asian outposts operate.
Ultimately, the notion that Cayman law has, or should have the effect of being able to make criminals of persons who are based entirely outside of the Islands and who have never and will never come here, is wish think from those that have a particular political aim – it is not grounded in sound legal reasoning.
I wonder how you would feel if HK were to introduce a law making it a criminal offence to, say, keep turtles in captivity? Does the Proceeds of Crime Act now apply to the Turtle Farm?
It appears to it is you that are failing to pick up what is being put down.
Nope. Not really.
It appears you seem to think Cayman Statute operates differently than any other jurisdiction’s legislative provisions.
Argument to the contrary is all about what people want the law to be, not what it is.
Sorry.
Wait until partners of Cayman law firms are charged and prosecuted for being accessories for assisting and for conspiracy to vomit money laundering offences pertaining to proceeds of unlicensed-illegal profits or gains.
9:38 am — This is misdirection, which is a diversionary tactic, that magicians use all the time. Nice try, but no cigar.
I dare you. Declare yourself to be an expert in Hong Kong Law. Open an office here providing Hong Kong Legal services. Watch what happens.
What criminal statute would be being breached?
This already occurs too. Other jurisdictions laws are practiced out of the Cayman Islands.
This is why, in addition to covering practice of Cayman law outside of the Cayman Islands, the Legal Services Act 2020 also provides for practice of another jurisdiction’s law from inside the Cayman Islands — albeit neither of these Parts of the LSA 2020 has been brought into force yet.
What will happen? I’m all ears.
There was never a suggestion that the law firms were at any fault. Every firm wants to attract top talent (unless that talent is a threat to say a “coaster” who just so happens to be “connected” and that person is a decision maker). And certainly it would not benefit anyone to be unreasonably confrontational and try to bust up anything. But if improvements and awareness are achieved it benefits society. If something is proven to be wrong should it not be corrected? Would that be a challenge to the status quo?
Grades, at law school or otherwise, should be a sacred and honourable assessment of any person. It is what every person will, in part, be judged by (until the grades no longer matter) in their pursuit and continuance of their chosen career.
If it is found that those responsible for administrating such grades are not doing their job properly, would that be considered a barrier to entry/promotion if its effect manifested in job applications / reviews?
So while there may be “basically zero” barriers to entry there is always the possibility of error and/or bad actors. Apparently from this thread, those things exist and are documented.
When those errors / bad actors are identified/proven they need to be addressed in a fair and transparent process. Time and again that is not the case in Cayman (and the whole world) and it is that status quo to which I refer which should be challenged with a view not of persecution but of improvement.
If a Caymanian (specifically, a Caymanian) has shown their desire and ability to contribute effectively and positively to the legal profession in Cayman they should not be hindered in respect of their entry – and the LSA could be written as such as it is quite literally their constitutional right to be treated that way. If they can’t “make it” there are simple and effective provisions in laws through which they can be “unemployed” at that/any firm at any time within reason. And while used sparingly, there are mechanisms through which they can be removed from the profession entirely – and this applies to all nationalities equally. This is where the code of conduct becomes vital.
This is not only about Caymanians as there are several examples of “expats” who genuinely invest money, time, energy and knowledge in the people of this blessed country and I admire and follow their example and, too, try to live in that way.
I think we’re mixing up the issues a little bit here and have gone a little off topic.
I don’t think any reasonable person can argue against the idea that the LSA should protect opportunities for Caymanians and set them up for the best possible chance of success.
It’s interesting though, to see the strong view being expressed here that these unqualified foreign lawyers, primarily in Asia, are taking jobs away from Caymanians.
I don’t think they are at all. I don’t think very many capable Caymanian attorneys are unemployed or underemployed. I think that there are plenty of people who believe they’re underemployed but have no sense of their own abilities or limitations. This is true of all people, it’s not unique to Caymanians.
Sometimes it’s a lot easier to blame your problems on hordes of “unqualified” foreigners than taking a hard look in the mirror.
I have no love for most of the law firms here. I think they are run by many greedy, ungrateful people who attribute too much of their success to their own abilities when most of it should be attributed to good fortune. I don’t believe they do enough for the community or to help young Caymanian lawyers develop. I hate their attitudes, especially the top few who think you’re a piece of dirt if you didn’t go to the “right” school.
That said, there are two sides to every coin. Banging on about the law being broken doesn’t help anything. It may be correct and it may not, but it doesn’t matter at all. It doesn’t make sense to force the firms to fire their foreign workers. The rep offices are obviously useful and make money for the firms and money for Cayman.
Should some reasonable limit be imposed on it? Should more direct revenue be captured from it? Almost certainly. Dealing with this is long overdue and I hope the government is able to strike a reasonable balance between being business friendly while also doing right by aspiring Caymanian attorneys. Unfortunately the antics of both the current government and the opposition make me feel like this is wishful thinking and this will be kicked down the road for another couple years, just like the dump,immigration and transportation which are all far more important than this.
All these people calling for blood are misguided. A huge chunk of the budget for this tiny rock comes from the financial services industry running smoothly. We mess with it at our peril. The “status quo” understands this. People like you who argue to challenge it with a view to improvement in a reasonable manner are right to do so. Most of these posters don’t have a clue.
Misguided focus, which private and public sector seem to focus on, where profits trump legal principles and the rule of law.
“ If they can’t “make it” there are simple and effective provisions in laws through which they can be “unemployed” at that/any firm at any time within reason. ”. LOL. Do you actually believe that – think you may find the major law firms on the island have no shortage of stories about how expensive it was to get rid of Caymanians who couldn’t make it, and for that matter deal with under qualified Caymanians who wanted to be hired ir given articles. One of the unintended consequences of the work permit and labour laws that make employers reluctant to take in Caymanians, because the “simple and effective “ provisions you refer to are certainly not effective, and come with a range of practical consequences if you try and employ them. Whereas you hire an expat lawyer and you can drop them like a hot potato if they are not up to snuff or some hidden character issues come to light – revoke their WP and off island in a week.
The truth is spoken. At least honestly comes out. Caymanians are too much of a risk because they are harder to get rid of.
When they tell you who they are, believe them.
Perhaps – but ask yourself this: if these people are a credit to their employer, why should the ability to fire them be a major factor?
The truth is – I know some exceptional Cayman attorneys and any merely decent one has a position if they want it. There are simply almost no hard working and talented Caymanian lawyers out of work.
There are Caymanian attorneys, who are of substance and the right attitude, that are not desirous of working, whether as an associate or partner, in a law firm, but who desire to see other present and future Caymanian attorneys enjoy a fair and equitable opportunity to advance in law firms, provided that’s their desire and they are persons of substance and are appropriate for upwards mobility within a firm.
I do agree, however, that being Caymanian is not enough, because it must be paired with the proper abilities, skill set and right attitude based upon merit.
Despite me not being desirous of joining a law firm, there are other Caymanian attorneys, who are very competent and have the right attitude, that feel that opportunities for advancement and obtaining partnership are, perhaps, not as easy to obtain.
For clarity, I have practiced for over 13 years as a sole practitioner and do not desire to work for any law firm and, therefore, feel comfortable to voice this express concern on behalf of others (who I shall not name).
All these comments about “big firms” practicing Cayman law overseas illegally are perplexing to me. What kind of work are you talking about? Do these firms not have qualified Caymanian lawyers supervising or doing the work? The ones I have dealt with over the years have lots of Cayman qualified lawyers. What would be the point of having unqualified lawyers do the work? Lawyers are not cheaper elsewhere, if anything they are more expensive. I’m sure there are young Caymanian citizens who have been unable to break in to the world of international finance/corporate law practice but this is true everywhere. You need top school credentials just to start. Then you need impressive writing and speaking skills. There are at most a handful of Caymanian citizens who can meet these requirements. There is no overseas Cayman law gravy train where the undeserving and unqualified are feasting at your expense.
The short is no they do not. Most of the lawyers concerned are not Cayman qualified and never have been. Many cannot even qualify if they tried. They do not meet the criteria required. The result has been overt unlawful conduct with the obvious approval of the regulators. Not a good look.
Agree. Many have not even set foot in the Cayman Islands. The new LP Act now admits Chinese qualified lawyers in Cayman (via Hong Kong admission) and also Irish Lawyers (since the large firms have Irish offices where they can back office work to). PPM sold us out on this. PACT please fix such patent errors.
Hint- it is not cheaper to “back office work to” Ireland so why bother. I don’t know about HK but your claim that Caymanian law is practiced there requires more proof than your say-so. Seems implausible.
The Law firm websites advertise it. Potentially hundreds of unqualified lawyers now practice Cayman law in Hong Kong, including in the service of Cayman firms.
Hundreds of unqualified…?
Check how many of our Architects are Qualified from a recognized university or college, as opposed to draftsmen who have no qualms about lying.
this is an underrated comment
So easy proof, post links to the website(s). Even just one good one should put this question to bed.
What until persons come forward with what is being collected over the years.
Be careful what you ask for, because you might just get it.
Why should we admit Chinese lawyers (HK is China) in Cayman just to feed foreign offices of large firms? HK offices of some Cayman firms already hire Chinese lawyera and call them legal managers as they are not qualified for UK admission. These legal managers are providing Cayman legal advice. Nobody in Cayman cares.
Well said.
PACT is (like PPM was) part of the problem, not part of the solution.
Perfectly put.
PACT is not living up to its acronym. Bad leadership.
If it’s overt, post some examples. Otherwise it sounds like gossip. As to lawyers who have never stepped foot in Cayman, how do you know what they are doing and what “obvious regulator approval” are you talking about? Your regulators have no power overseas—you remember jurisdiction is required, right? They also need facts, not unsubstantiated allegations.
Exactly, it’s easy to write about all of these unqualified people far away acting as Cayman counsel. Can you show us where, or are they so well hidden it remains your theory?
They have been pointed out, including to regulators, numerous times. Google lawyers advising on Cayman Law in Hong Kong. Then compare the names to those on the court roll in Cayman. Every mismatch is likely an offense.
Kaboom 💥
I’ve dealt with 3 partner level attorneys at big name firms, just in the last year, and each has proposed outsourcing the grut work to UK-based specialists on a flat fee basis. It’s rationalised as being cheaper than having the Cayman-based partner occupy their time and churn the work out here. You wind up getting a credible specialist opinion from someone very proficient in UK law and circumstance, but with no local understanding of the nuance or absence of reciprocal law in Cayman. Mid five figures later, it doesn’t necessarily hold up.
5.08 PM….How do you know there are only a handful of Caymanian Citizens who can meet these requirements?
Because there are only a handful of Caymanians. Maybe 35,000? There’s an expat pool of what, a billion?
This is the most important point on the thread. How many world class corporate lawyers, accountants and administrators does anyone think a population of 35,000 can realistically produce? How many would you expect to find at the top firms in London all from the same small town of 35,000; 1? 2? 5? None? Now how many would you expect if that town had the worst exam results in the UK? What do we have? Hundreds? By what metric is it being claimed these firms are discriminating against Caymanians? Wasn’t Wayne Panton managing partner of Walkers? I’m not a lawyer but statistically the claim doesn’t look like it stands up to much scrutiny.
Imagine if you were a Caymanian lawyer that discovered that your employer was acting unlawfully.
Imagine that in compliance with your obligations as an officer of the court you drew the issue to your employer’s attention and tried to work with them to resolve it.
Imagine you lost your job in consequence.
Imagine that the regulators sworn to uphold the law did nothing.
Imagine that the issue became so big that they had to prepare legislation to cover up their actions.
Imagine that the only people participating in the preparation of that legislation were those benefitting from the unlawful conduct.
Imagine.
Imagine that this was reality and not a figment of the imagination. Imagine if public officials are part of the problem, not the solution. Just imagine.
Pathetic. Everyone good enough and local makes it and lots that aren’t good enough make it too. Those that don’t moan.
And those that openly commit crimes, lie to regulators, and call themselves officers of the court? What of them?
Aren’t officers of the court supposed to uphold the rule of law?
Is there perhaps an alternative where the “really good ones” don’t make it because they are a threat to the status quo? Also, it wouldn’t be unusual for someone who is capable of taking on the “establishment” being silenced. The most common way of doing such things is the use of legal action. Doesn’t even matter if they win/lose – the end game is to bleed the other party dry financially… and destroy them psychologically.
Keep taking the tablets.
^ 8:29 am. This is also a common strategy used, and especially so by abusers against their abused.
In much the same way as putting forward
nonsensical conspiracy theories is a common strategy when people don’t have a clue what they are talking about.
By definition if they want to overturn the status quo, they won’t “make it”. Presumably “making it” is becoming an equity partner at a large offshore firm. Obviously you’re not going to “make it” if you bust it up and try to cost them money.
There are basically zero barriers to any competent Caymanian attorney to become the next Clarence Darrow. You can get a job at Maples or similar and work your way up. If they don’t make you equity after 10-15 years of hard labour (same for expats),you can start your own firm. The opportunities are there. I’ve worked at these firms. They actually want Caymanian talent, believe it or not. Key word is talent. Not someone who barely passed their law school exams. This is the same in the real world. There are many UK and Canadian and American lawyers who graduate law school and don’t get the job the want. Sometimes because they didn’t work hard enough, they’re not smart enough, they’re not connected, or they’re just plain unlucky.
Welcome to the real world.
Imagine that in coming to the conclusion that any laws were being broken you had unwittingly demonstrated that you were not a very good lawyer in the first place.
So why lie to the Hong Kong Regulator claiming they were all practicing English Law?
And you have of course had sight of all of those filings. And can explain the mechanism by which the Legal Practitioners Law has extra territorial effect.
Yes.
Our Legal Practitioners Act criminalized the unqualified practice of Cayman Law worldwide. The Law Society of England and Wales prohibits anyone in Cayman calling themselves a solicitor. See a pattern?
Well said.
Territorial limits of the practice of Cayman law (under the Legal Practioners Act) are not defined, and thus apply to any document governed by Cayman law.
Perfectly put.
Perfectly wrongly.
Imagine if our Financial Services Industry dared to assemble their grievance list of “controversial or non-money-making issues” in effort to block PCAMLCTF or regulator to regulator exchanges, and were successful…it would be global news, and not good news.
Just imagine if the Financial Action Task Force finds out the truth.
Then Cayman would be in big trouble with the international community for failing to address adequately.
Very true.
The profession is a public calling protected from open competition. It owes the public a reasonable amount of free representation. Do a little pro bono work, or if you’re too busy and expensive, hire someone to do it for you. It’s tacky not to.
After you have spent 7 years of your life training for your job, come and talk to me about how much free time and effort you want to give away.
20% of it. Every year. Since I qualified more than 20 years ago.
It’s called charity. It won’t kill you.
Charity is the voluntary giving of help: not coerced. I guess you had a rich daddy to pay off all your law school debts. Some of us don’t. Plus as a new employee work takes precedence over any free time. Get real!
I like the suggestion that it could be amended to improve it before it fully comes into force. This legislation not only threw young Caymanian lawyers under the bus but also spat on them. It is one of many examples of legislation desired by the handlers of the government and not the people.
Yep but Wayne is the Premier and his lawyer buddies are calling in the favours now! This will only get worse.
Wayne is still his old firm’s landlord. Why would he mess up the money train.
Who else in PACT is in a similar boat? Easy connection to make.
Minister of Financial Services
How did it do that?
For these people (charging $1000 an hour and the like) they should be committed to carrying out a substantial amount of pro-bono work for the Caymanian community, and prove it. Legal services are beyond what regular folks can afford meaning we have no access to advice or way to enforce our rights when we are wronged. Good luck to those becoming multimillionaires, but please spare a thought, and some of your time, for those on minimum wage who have legal needs too.
The vast majority charging that kind of money, are corporate lawyers and would not be a great deal of use, if any, dealing with the kind of personal legal needs most of us have from time to time.
Many are of no use but not for that reason.
Then why would you want their services pro bono? Seems to me you just don’t like them.
How about this. The government properly charges the big firms at minimum practicing certificate fees and even better the equivalent to a work permit fee to allow them to continue having people outside the jurisdiction practicing cayman law. Then they take this money and use it to improve the court system including funding legal aid so they hire specialists in criminal law and family law.
How about this. Big firms and others stop practicing Cayman law illegally through unlicensed attorneys in other jurisdictions, which is criminal offence. What a novel idea.
It’s as if our law enforcement and regulatory officials are in on it!
And others accuse us of being corrupt? The Humanity!!
Wayne knows all this. Still no consequences to violators. Who is Wayne protecting?
Are you suggesting a fiscal solution as quid pro quo for criminal activity of lawyers to improve the court system? How about the DPP’s office starts bringing criminal charges? If not, how about some private prosecutions?
AG and DPP do not seem to care. There is a selective application of the rule of law, which does not give credence equality before the law.
Ah yes – there’s no harm in letting foreign lawyers practice Cayman law as long as they pay for a work permit theory. And then, with the cost of living and salaries here, the law firms start reducing the size of the teams here and on shoring all the work. Government still gets the work permit revenue but loses all the indirect taxes on the consumption those lawyers would have spent here. Every local vendor from landlords to supermarkets loses revenue too.
To be honest the majority of the expat lawyers on island are an obnoxious lot. If you work at a corporate services provider independent of the law firm’s own CSP, you get treated like **it. The fewer of these lawyers on the island, the better.
Amen.
Honesty is a virtue. Reality is reality.
It has nothing to do with being an expat. Law as a profession generally has a majority of obnoxious people, it goes with the personality type.
True, but they get the job done.
You really are just parroting what you have heard from others and no understanding of global legal practice or how our economy works. The government gets significant revenue from the overseas practice. The overseas practice allows Cayman to compete with the other offshore jurisdictions in markets outside of our time-zone. If Cayman didn’t have a presence overseas, most of the work would simply be done by firms that practice the laws of other offshore jurisdictions. That would equate to zero revenue for Cayman. A work permit fee would simply be a disincentive to Cayman as a jurisdiction being a global player in legal services. Wake up! This is about more than the work on your desk….
Why is overseas practice of Cayman law being done illegally?
Ummm, because our robust law enforcers permit it?
Does the FATF permit it without consequences?
What about CFATF?
Is that so?
You have no actual evidence of any of this. No one is siphoning work from local Caymanians.
Is that so?
Law is a business. No one should work for free. Thats not fair. If you want free legal, ask your government to set something up.
No. Law is a profession. If you do not understand that distinction you should play no part in it.
I don’t. As a client it sure seems like a business… like every other “profession”.
The $40,000 work permit should be a good start in terms of contribution to Cayman society!
At $1,000 an hour, that would be a week’s work, leaving 51 weeks of gravy.
I had an issue with an opposing lawyer where the dirt-bag altered an agreement on a family law case and tried to pressure me into signing it. I had nowhere to place a complaint against this bloated reputation bag of filth. I hope the new law can help others who come across the unethical practices of these POS’s
there is a complaint procedure. while I feel your pain you can also practice some self help. that said, the outcome may not be what you are hoping for. speaking from experience…
You could lodge a complaint with the chief justice.
Is that so?
Like the fact that people are illegally practicing Cayman Law with impunity? You can also report things the authorities have not noticed ranging from illicit status grants, the Stan Thomas affair, and pension thefts to the RCIP. Hell, tell the Governor and the ACC while you are at it!
It all looks so good, don’t it?
or lodge a complaint with the Lodge?
No one is asking Sir Alden or Wayne for any favors.
The complaint procedure at present does not work. You go to the Chief Justice and he ignores you. According to one attorney, there are no rules governing procedures for complaints. How many lawyers have you heard who were disbarred or suspended from practice in Cayman?
Candid, you’ve hit the nail right on the head! Thank you!
brb, fixing popcorn
Clever by half! “When the grass is cut, the snakes will show” (Carmelo Anthony, 24 February 2011).
“For what will it profit a man if he gains the whole world, and loses his soul?” (Mark 8:36).
“For the love of money is the root of all kinds of evil” (1 Timothy 6:10).
It is not unjustifiable discriminatory treatment for “any law that makes provision…with respect to the entry into or the exclusion from…engaging in any business or profession…within the Cayman Islands of persons who are not Caymanian” (pursuant to s.16(4)(b) of our Constitutions Bill of Rights).
In any event, I am committed to working towards the best interests of the Cayman Islands legal profession as a whole, especially providing for a fair and equitable opportunity for both current and future Caymanian attorneys to practice Cayman Islands law, and it is, at the very least, hoped that other stakeholders and public officials share these same sentiments.
I guess time will tell the story. We shall see.
wait until the public catches wind of what the gatekeepers aka those holding the keys for caymanians to gain entry into the profession are doing – and charging an arm and a leg!
Well, you could do worse than insist that every single lawyer that claims Cayman as its permanent residency must do at least 10% of its hours on local issues (within Cayman borders is fine).
Could also insist on $$$$ for hourly rates these lovely not egomaniacal folks at all enjoy….especially when doing local work
If they can charge $1K per HOUR doing a property transaction for someonone seeking to morally free avoid taxation by purchasing a condo on SMB they’ll enver live in but which results in driving the price of real estae for locals upwards….they can at LEAST
insist that any legal costs for local (resident to resident) sales is FIXED at $250 per hour (o r whatever)
the point stands…most high earning lawyers (yes, you Maples/Walkers/Orangeby/etc/etc) are living here tax free ejnoying all the perks and facilitating non resident transactions avoiding taxation….fine, its legal
But the locals deserve better and a fair shake.
All attorneys should HAVE to hit XYZ % of their hours on local biz (not passed off to poor paralegals or legal secs) AND they can only charge $XYZ
its fair. come on.
you need to do a Ted talk
How about we come to your business and demand you work for 15% of your market rate? It is fair, come on.
can also consider consumer protection as that too, is fair.
there are some top class attorneys in Cayman both in terms of skill and morality. some genuinely embrace the spirit of the profession. others simply want $ and will turn a blind eye to anything which jeopardizes their pocket. it’s fair and all but what about the human element in all of this?
anyway, one look over at Europe and I can gladly say I am still blessed to be in Cayman.
And yet you will happily pay your CIREBA agent 7% which in most cases will be far more than a lawyer chargers. Why not insist they drop their commission rates for Caymanians/locals?
All that is really needed is the government to enforce immigration laws….PPM made it policy to ignore for sake of permit fees and with the creation of the worthless WORC. Now we have Saunders who doesn’t even understand Caymanian priority in their own country.
It would also be nice to see enforcement of ss.10(1), 12(3) of the Legal Practitioners Act read together with ss.2, 133-136, 142, 144 of the Proceeds of Crime Act and ss.4, 321-322 of the Penal Code (along with some other provisions and case-law authorities, which I need not telegraph).
Orrie, you and I both know of multiple offenses committed by firms and lawyers for decades – with the apparent connivance of regulators, and to the detriment of Caymanians and officers of the court. Our profession is worthy of little but disdain. It is disgusting.
And one single case of misconduct put before the courts — and even that case also had elements of questionable conduct of the judiciary itself,for which the Court of Appeal had to comment on. Misconduct is rife and it is in all sectors of the profession – from criminal overcharging, to forging documents, to harassment in the workplace, to the weaponising of legislation and education — hell, even some of the official policies and procedures are legal fallacies — and those that work are being skirted. It might be worthwhile to consider the situation from an anti-trust legislation perspective. The old guard had a hell of a ride and the benefits were enormous — the least that can happen is those who contributed to the current circumstances can assist in correcting some of the issues. The main points should be honesty, fairness, transparency and accountability — instead of “justice” the cayman legal landscape is dominated by the “profit motive”. C’mon guys — let’s get at least some of this stuff right — or at least try to. Thanks- every single Caymanian present and future. Last point — please, please, please invest in Caymanians. Any by invest I qualify that by saying invest without an expectation of any return, perhaps consider it simply an investment in the country or an investment in the future — your reward will be in heaven if you believe in such things. Our people need help and it is impossible for us to rise up when we are constantly being pushed down. Thank you and all of this said in good faith.
I’m all for this if it prevents criminals from being MPs.
We need professional standards and regulations which will effectively penalise and sanction any admitted lawyers and/or firms that propose illegal conduct, actions, violations of fundamental rights, or drafting overtly contemptible agreements – and even if it was at their dubious client’s insistence. There are lawyers here, so comfortable in a lawless status quo, that have lived a full career off-leash, and are conditioned to do anything they are paid by client to do. Even typing in emails and stating with a martini in hand, that “it is not illegal if the other party accepts it”. Clean these bad actors out of the profession.