In the Financial Year ending March 2018, there have been several important developments to which all attorneys-at-law and the public should be made aware.
The Full Court delivered its decision on 29th April 2017 in the action brought by Jamaican Bar Association dismissing the action challenging the application of Part V of the Proceeds of Crime Act to attorneys. An appeal was brought by the Jamaican Bar Association and the decision of the Court of Appeal remains pending. On 25th January 2018 the Court of Appeal reinstated a limited injunction, the effect of which is to prevent the Council, as competent authority, from monitoring AML compliance by attorneys who are Designated Non-Financial Institutions (DNFIs).
However, the Court of Appeal did not stay the requirements for the filing of an annual declaration of activities by attorneys pursuant to section 5(3C) of the Legal Profession Act. To date 1,298 attorneys have declared themselves to be DNFIs. Attorneys who are DNFIs are required to comply with AML obligations under the Proceeds of Crime Regulations which include compliance with customer identification and verification requirements, employee training and monitoring and the monitoring of transactions to prevent money laundering.
The Legal Profession (Accounts and Records) Regulations have been amended to remove provisions which enable attorneys practicing in Jamaica to claim exemption on the basis that they do not handle trust funds. Under the Amended Regulations all attorneys claiming that they do not receive trust funds must now file a declaration giving details in the form set out in the First Schedule to the Regulations.
Attorneys are notified that client trust funds include money advanced to an attorney on account of fees for services to be rendered and for clarity the Regulations were also amended to stipulate that an attorney cannot by agreement with a client exclude the operation of the Regulations. The Regulations take effect as law and supersede any contrary arrangements made by the attorney with a client or prospective client.
The amendment to the Legal Profession (Accounts and Records) Regulations have been accompanied by active measures to enforce the Regulations by members of Council laying complaint against attorneys who are in default. As a consequence, attorneys who are in default are liable to be struck off or otherwise sanctioned by suspension and substantial fines. Attorneys who fail to comply with the Regulations place their status as attorneys in jeopardy and the Council will continue its effort to ensure compliance with these Regulations.
The work of the CLPD Committee continues from strength to strength and in the coming year the Council is hopeful that a webinar system will be implemented. Such a system will greatly assist attorneys who do not reside in Jamaica to meet the requirements for continuing legal professional development.
In addition, the Council has approved amendments to the Legal Profession (Continuing Professional Development) Regulations to enable the accreditation of providers. Accredited Providers will not need to submit papers to the Accreditation Committee. This measure will alleviate, if not eliminate, the delays experienced in the accreditation of seminars and the amendments will take effect in the coming year.
Further, I am pleased to report that the Disciplinary Committee has implemented the Curia Case Management system which is similar to the case management system utilized by the Caribbean Court of Justice. This was implemented with the kind assistance of the President of the Caribbean Court of Justice. The President and his staff have also assisted with the training of the members and staff of the Disciplinary Committee. This system enhances the efficiencies of the Disciplinary Committee in dealing with its backlog of complaints. The implementation of the system has also been accompanied by aggressive efforts on the part of the Disciplinary Committee to clear the backlog of complaints.
The Council pays tribute to the Right Hon. Sir Charles Michael Dennis Byron as he retires as President of the Caribbean Court of Justice. We salute his vision for Caribbean jurisprudence and the industry with which he has promoted that vision. We are deeply appreciative of the efforts he has made to modernize the processes of the Disciplinary Committee and to enhance its overall efficiency for the benefit of the public. Sir Dennis Byron’s service to the Disciplinary Committee has been unique and unmatched in the history of the Disciplinary Committee. The Council wishes him a rewarding well-earned retirement.
I end this Report by extending thanks and appreciation to all Council and Committee Members and to the Council’s hard working dedicated staff who continue to serve the interests of the profession loyally and well.
DATED 29 JUNE 2018