LEGAL PROFESSION ACT*

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
General Legal Council and enrolment and practice in the Legal Profession

   3   General Legal Council and its functions

   4   Registrar to keep Roll of attorneys-at-law

   5   Status of attorney-at-law and practice as a lawyer

   6   Qualification for enrolment

   7   Legal officers deemed to be attorneys ex officio

   8   Penalty for unlawful practice

   8A   Admission to practice gained by fraud or misrepresentation

 

PART III
Legal Education

   9   Arrangements for legal education

   10   Power to make regulations

 

PART IV
Discipline

   11   Disciplinary Committee

   12   Complaints to Committee

   12A   Power to suspend filing of orders

   12B   Committee may hear applications pending criminal proceedings

   13   Power of Disciplinary Committee to sit in divisions

   14   Rules of procedure

   15   Filing, effect and notice of orders made by the Committee

   16   Appeal against order of the Committee

   17   Powers of Court of Appeal

   18   Restoration of name to the Roll

   19   Review of suspension from practice

   20   Employment by attorney of person struck off the Roll or suspended

 

PART V
Recovery of Fees

   21   Agreement as to fees

   22   Bill of fees

   23   Taxing officer

   24   Where application is not to be granted

   25   Non-attendance of party at taxation

   26   Costs of taxation

   27   Certification by taxing officer subject to review by Court

   28   Proof of compliance with Act

   29   Power to vary provisions

 

PART VI
Preparation of legal documents

   30   Name and address of draftsman to be endorsed on documents

   31   Unqualified persons not to prepare documents

   32   Agreement to pay fee or reward to unqualified person to be void

   33   Regulations

   34   Savings for public officer and engrossing

 

PART VII
Keeping of Accounts

   35   Regulations in respect of accounts

   36   Consequences of failure to comply with regulations

   37   Saving for full-time employees of Government, etc

   38   Saving for part-time practitioners

 

PART VIII
Miscellaneous

   39   Fees to be paid in the funds of the Council

   40   Power to make orders adapting existing law

      SCHEDULES

 

THE LEGAL PROFESSION ACT

[Date of Commencement: 3rd January, 1972]

Acts
15 of 1971,
4 of 1981,
19 of 1994,
8 of 2007.

LN 295/1973.

PART I
Preliminary (sections 1-2)

1   Short title

   This Act may be cited as the Legal Profession Act.

2   Interpretation

   (1) In this Act-

   "alien" has the meaning assigned to it in the Jamaican Nationality Act;

   "appointed day" means the 3rd January, 1972;

   "attorney-at-law" or "attorney" has the meaning assigned to it by section 5;

   "Court" means the Supreme Court;

   "enrolment" means the entry of a name on the Roll;

   "fees" includes charges and disbursements;

   "former disciplinary body" means a committee which prior to the appointed day had been constituted under section 25 of the Solicitors Law (repealed) or section 5 of the Bar Regulation Law, 1960 (repealed)

   "functions" includes duties and powers;

   "General Legal Council" or "Council" means the General Legal Council established under section 3;

   "international agreement on legal education" means any agreement between the Governments of territories in the Western Hemisphere including Jamaica, for the establishment of a body responsible for legal education within such territories,

   "legal document" means any document conferring, transferring' altering or extinguishing or purporting to confer, transfer, alter or extinguish any right, title or interest in property, moveable or immoveable, or any document (including a letter) indicating that legal proceedings may be brought against the person to whom it is addressed or any other person;

   "Legal Education Authority" means-

   (a)   the General Legal Council; or

   (b)   any other body for the time being designated by the Minister as the Legal Education Authority, being a body established pursuant to the terms of an international agreement on legal education;

   "Minister" means the Minister responsible for the Law Courts;

   "practise as a lawyer" means practise as a barrister or a solicitor or both as provided or recognised by law whether before or after the passing of this Act;

   "practising certificate" means a certificate issued by the Council pursuant to subsection (2) of section 5;

   "qualifying certificate" means a certificate issued by the Legal Education Authority pursuant to section 9;

   "qualified person" means a person qualified for enrolment in accordance with section 6;

   "Registrar" means the Registrar of the Supreme Court;

   "Roll" means the list of attorneys kept by the Registrar in accordance with section 4.

   (2) Any reference (howsoever expressed) in any law to a barrister or a solicitor as respects the conferring of any right or privilege, the exercise of any function or in relation to the qualification for appointment to any office, shall from and after the appointed day be deemed to include reference to an attorney-at-law.

PART II
General Legal Council and enrolment and practice in the Legal Profession (sections 3-8A)

3   General Legal Council and its functions

   (1) There shall be established for the purposes of this Act a body to be called the General Legal Council which shall be concerned with the legal profession and, in particular-

   (a)   subject to the provisions of Part III, with the organisation of legal education; and

   (b)   with upholding standards of professional conduct.

   (2) The Council shall have power to do all such things as may appear to it to be necessary or desirable for carrying out its functions under this Act.

   (3) The Council shall appoint on such terms and conditions as it thinks fit a secretary and such other officers as it may think necessary for the proper carrying out of its functions.

[8/2007 s 2(a) and (b).]

   (4) The provisions of the First Schedule shall have effect as to the constitution of the Council and otherwise in relation thereto.

4   Registrar to keep Roll of attorneys-at-law

   (1) The Registrar shall keep, in accordance with the provisions of this Act and any regulations made thereunder, an alphabetical list of attorneys-at-law (in this Act referred to as the Roll) and subject to the provisions of this Act and regulations made thereunder and to the payment to the Registrar of the prescribed fees, every qualified person shall be entitled to have his name entered on the Roll and to receive a certificate of enrolment in the prescribed form from the Registrar.

   (2)(a) Forthwith upon the appointed day the Registrar shall cause to be entered on the Roll the name of every person who immediately prior thereto was a barrister or a solicitor and shall issue to every such person a certificate of enrolment in the prescribed form without the payment of any fee.

   (b) For the purposes of any provision whereby the qualification of an attorney-at-law for holding any office depends upon his having been enrolled for a specified period, the number of years during which he was previously enrolled as a barrister or a solicitor, as the case may be, shall be treated as part of the period of his enrolment as an attorney-at-law.

   (3) The Registrar-General shall, upon the entry in the Register of Deaths of the death of an attorney-at-law, forward to the Registrar particulars of such entry, and the Registrar shall cause such particulars to be entered on the Roll.

   (4) The Registrar upon receiving satisfactory proof of the death at any place outside Jamaica of an attorney-at-law shall cause the particulars of the date and place of such death to be entered on the Roll.

   (5) The Registrar shall have the custody of the Roll and of all documents relating thereto, and shall allow any person to inspect the Roll during office hours without payment.

   (6) Rules of Court may be made prescribing-

   (a)   the form of the certificate of enrolment, the procedure for the enrolment of qualified persons and the fees to be paid in relation thereto;

   (b)   the duties of the Registrar with respect to the keeping of the Roll; and

   (c)   fees to be charged in relation to the issue of practising certificates.

   (7) For the purposes of subsection (2)-

   "barrister" means a barrister as defined in section 2 of the Bar Regulation Law, 1960 (repealed) , and whose name appears on the Roll kept in accordance with that Law;

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