Chairman’s Message 2019

A new Council was appointed with effect 25th April 2019 for a term of 3 years. Seven members were appointed to the Council for the first time while an eighth member had held previous appointment. Special thanks is extended to the outgoing Members of the Council.

The outgoing Members of Council can rightly look back with satisfaction at what has been achieved. Perhaps the signal achievement has been the enactment of the Legal Profession (Contingency Fees) Regulations in compliance with the mandate given to Council by the amendment to the Legal Profession Act promulgated in 2007. The Contingency Fee Regulations prescribe measures regulating the form and content of contingency fee agreements and prescribing limits on the percentages that can be charged in legal proceedings, including personal injury actions and family law proceedings. Restriction is also imposed on taking contingency fees from damages awarded for future medical care.

Guidelines and amended regulations were also enacted with respect to the Legal Profession (Accounts and Records) Regulations. The objective of these measures is to close loopholes with regards to the filing of accountant’s reports and to withhold practising certificates from attorneys who have been non-compliant for multiple years thereby reducing the necessity for the filing of complaints with the Disciplinary Committee against such attorneys.

The General Legal Council has been compelled to intervene in protection of client property in a number of instances where attorneys have died without arrangements in place for the handing over of client property. This has resulted in considerable strain on the limited resources of Council. However, Council has successfully intervened and where necessary obtained orders from the Supreme Court so to do. The Legal Profession (Canons of Professional Ethics) Rules has been amended to require sole practitioners to put in place arrangements to protect client property in event of death or incapacity and also requiring that Council be notified of such arrangements.

In March 2018, case management software similar to that utilized by the Caribbean Court of Justice was acquired for the Disciplinary Committee. The adoption of the case management system coupled with training and the dedicated work of the members and staff of the Disciplinary Committee has met with phenomenal results whereby the Disciplinary Committee has more than tripled the number of complaints concluded in this year as compared to the preceding year.  This has virtually cleared the backlog of complaints.

The Continuing Legal Professional Development Program (CLPD) continues to be a success and a webinar system has been implemented whereby attorneys who are unable to attend seminars can now participate. This is intended to facilitate attorneys who require CLPD credits but are unable to attend sessions whether by reason of being overseas or otherwise. This should greatly alleviate the difficulty that such attorneys have experienced in obtaining their CLPD credits.

In addition, the Continuing Legal Professional Development Regulations have been amended to permit the Accreditation Committee to accredit established providers such as the Jamaican Bar Association. No longer will such providers have to obtain accreditation of their programs from the GLC’s Accreditation Committee. This measure will alleviate the difficulties experienced in preceding years where the Accreditation Committee has had a backlog of programs awaiting accreditation to the inconvenience of participating attorneys.

The new Council will pursue its mandate to regulate the Legal Profession in the public interest.  I extend thanks and appreciation to all Members of Council, the Disciplinary Committee and the Council’s dedicated staff who continue to serve loyally and well.

DATED  1st JULY 2019

Allan S. Wood
CHAIRMAN

GENERAL LEGAL COUNCIL


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