In February 2013, a new General Legal Council was appointed for a three year term. Five members were appointed for the first time. The members elected me to serve a second term as Chairman.
One of the most significant developments in 2013 was the implementation of Continuing Legal Professional Development pursuant to the amendments to the Legal Profession Act in the previous December. In the first few months there were a number of challenges and many justified criticisms.
Most reports indicate however, that there have been significant improvements and that overall the program has been a success.
As a matter of policy, the GLC committed to making available to attorneys across the island a sufficient number of accredited papers, particularly in the compulsory areas of ethics and clients’ welfare as well as business management and finance. Pursuant to that policy, The GLC’s CLPD Committee presented 10 papers during 2013, all of which were duly accredited for CLPD purposes. These papers were presented a total of 42 times, in the parishes of Kingston, St. Andrew, St. Ann, Manchester, St. James and Portland.
Many other providers also presented CLPD accredited papers. The Accreditation Committee accredited a total of 55 presentations during 2013.
Much less publicised but equally important, the GLC was called upon to exercise the new powers under the 2012 legislation to protect clients’ assets. More than one attorney died tragically during 2013 without arrangements being in place to allow clients access to their funds or documents. At the request of clients and or other attorneys, the GLC initiated action and exercised the relevant powers under the amended act.
2014 will be no less challenging. In November 2013, the Minister of National Security executed the Proceeds of Crime (Designated Non-Financial Institution) (Attorneys-at-Law) Order. Effective June 1, 2014, attorneys-at-law in various areas of practice, including those who practise conveyancing, will be brought within the “regulated sector” for the purposes of the Proceeds of Crime Act.
During 2013 the GLC and representatives of the Bar made representations to the government in an attempt to ensure that any regime that is implemented recognizes and respects the special position lawyers have, particularly with regard to issues such as legal professional privilege.
The government has signaled that the GLC may be appointed as the competent authority for the legal profession, for the purposes of this new regime. This will be one of our major projects in 2014. In addition to preparing guidelines to assist the profession in navigating the new regulations, the GLC will seek to educate and inform the profession and the public.
In 2013 we appointed a CEO and a Director of CLPD and are in the process of interviewing applicants for other management and support positions.The GLC has established additional offices at 40 Duke Street and our services relating to CLPD, the Disciplinary Committee and the Proceeds of Crime Act can be accessed at that location.
In 2014, the GLC also plans to:
- Amend the CLPD Regulations to address various errors and weaknesses that have been identified. There will be consultations with the profession before these changes are finalized;
- Amend the Canons of Professional Ethics, including in particular, those relating to advertising by attorneys. Here also, there will be consultations with the profession before any final decisions are made;
- Work with the judiciary to implement a judicial code of conduct;
- Effect more changes to the website and our databases to allow members of the profession and the public more convenient access to information;
- Improve our communication with attorneys; and
- Improve the operations of critical committees, including the Disciplinary Committee.
I would like to thank the members and staff of the GLC for their hard work and guidance, and members of the profession for your cooperation, criticism and encouragement as we continue to discharge our statutory mandate.
B. St. Michael Hylton, Q.C.
CHAIRMAN
chairman@generallegalcouncil.org