We have identified various errors in the CLPD Regulations, and other amendments have been suggested. We will be taking steps to amend the Regulations in the next few weeks. The following are the amendments that have been proposed so far, with a brief explanatory note for each.
Please let us have any comments or suggestions by February 24, 2014.
| Regulation 5 (d)(ii) – Functions of Committee
5… (i) ethics and client welfare; |
Regulation 8 (1)(b) – CLPD requirements for first three years of practice
8. – (1) Subject to regulation 24, an attorney who commences practice on or after October 1, 2012 shall during each of the first three years in practice obtain a minimum of sixteen CLPD credits consisting of not less than – (a) six credits earned in a CLPD course in ethics and client welfare; and |
Amend to state “business management, finance or clients’ accounts”
Note:
Clients’ accounts is a subject which is of critical importance and should therefore be one of the compulsory subjects for young attorneys. The original intention in using the word “finance” was to cover clients’ accounts but this is not clear.
It should also be made clear that the 2 credits required by reg. 8(1)(b) may be in either business management or finance or clients’ accounts or any combination of those subjects, thus the use of the word “or”.
Regulation 10 (7) – Credits for participation in a CLPD programme
10…
(7) Repeat presentations shall qualify for one-half of the credits available for the original presentation.
Amend to read:
“Repeat presentations shall qualify for one-half of the credits available for the original presentation for the presenter”
Note:
The present regulation is ambiguous in that it does not make clear whether it relates to both presenters and attendees.
Regulation 11- Course or activity for CLPD to be accredited
11. – Subject to regulation 9(3), a person shall not offer a course of training or other activity for the purposes of CLPD unless the course or activity is accredited under these Regulations.
Amend to read:
“Subject to Regulation 10(3) a person who offers a course in training for CLPD which has not yet been accredited under these Regulations must notify the participants prior to the presentation and make an application for accreditation prior to the presentation.”
Note:
The reference to reg. 9(3) is an obvious error and should be changed to 10(3). As worded this regulation prevents the offering of a course of training or other activity for the purposes of CLPD where it has not yet been accredited and although the approval may be given retroactively, the offer would still have been made prior to accreditation and therefore constitute a breach.
Regulation 12(2) – Application to be Provider
12. – …
(2) In considering the application, the Committee shall have regard to the standards specified in regulation 12.
The reference to regulation 12 should be changed to regulation 17.
Note:
This is an obvious typographical error
Regulation 14 – Notification of Results
14. The Committee shall no later than 30 days after receiving the summary of results and the list of participants referred to in regulation 18, in writing, notify participants of their results.
Substitute 60 days for 30 days in this regulation.
Note:
The imposition of a time limit of 30 days on the Committee is unduly onerous especially as it may include vacation periods.
Regulation 18(4) – Obligations of CLPD Providers
18…
(4) The Provider shall furnish each participating attorney with written confirmation of his participation in a CLPD programme, immediately upon completion of the programme and retain a copy of the record of participation for at least six years and produce it to the Committee and the Council on request.
Substitute “shall make available a written confirmation” for “shall furnish” and “within 7 days” for “immediately”
Note:
Where there are large numbers of attorneys participating in a course it is extremely difficult to “furnish” everyone with written confirmation of participation and in any event many attorneys leave immediately after the conclusion of the presentation. The requirement that a written confirmation shall be furnished immediately is unduly burdensome and there is no practical reason for it to be done immediately.
Regulation 19(2) – Reporting
19…
(2) On or before June 30 in each year, the Committee shall send to each attorney, a report indicating the Committee’s assessment of the credits earned by the attorney for the preceding year and the credits, if any, carried forward for the current year and if the attorney failed to meet the minimum CLPD requirements for the preceding year, the report shall inform the attorney and require him to satisfy the Committee that, that requirement has been met or remedied by September 31.
Delete “the credits if any, carried forward for the current year and”
Note:
It was decided that attorneys will not be allowed to carry forward credits from year to year and no provision has been made for it. Those words were included in error.
Regulation 19(7) – Reporting
19…
(7) The files and records of the Committee shall be confidential and shall not be disclosed except in furtherance of the duties of the Committee; statistical abstracts, however, may be drawn therefrom in an anonymous fashion.
After “records of the Committee” insert “or of the Council or Disciplinary Committee”
Note:
This is obviously necessary since non-conformity with the CLPD regulations constitutes a disciplinary offence and the Council exercises appellate functions under the Regulations.
Regulation 20(1) – Exemptions
20. – (1) An attorney may apply to the Committee in the form set out as Form 4. Form 4 in the Schedule for exemption from the CLPD requirements under these Schedule. Regulations on particular grounds which may include, unemployment, pregnancy, illness, employment outside Jamaica, and the Committee in the exercise of its discretion may grant such total or partial exemption as it considers appropriate.
After “the exercise of its discretion may” insert the words “in writing” before the word “grant”
Note:
The attorney is required to ensure that the exemption is made in writing so the duty should be imposed on the Committee to provide the exercise of its discretion in writing.
Regulation 21(2) – Noncompliance with CLPD requirements
21…
(2) The Committee shall by December 31 of each year report to the Council the names of all attorneys who have not complied with the minimum CLPD requirements for the preceding year and in respect of each attorney provide details of the number of credits earned and the number of credits outstanding along with any requests for additional time and the Committee’s recommendation on any such requests.
Substitute November 30 for December 31.
Note:
If the names of the attorneys who have satisfied the requirements of the Regulations are only supplied to the Council on the last day of the year it will be impractical to require the staff, on the first day of the new year, to determine which attorneys are not eligible to receive practicing certificates by reason of default under these regulations or for the Council to exercise its discretion under regulation 21(4).
As a consequence, the dates in paragraphs 2 and 3 of Regulation 19 should also be revised as follows:
- May 31 for June 30
- July 31 for September 31
- September 30 for October 31
- November 15 for December 15
Regulation 19(2) – Reporting
19…
(2) On or before June 30 in each year, the Committee shall send to each attorney, a report indicating the Committee’s assessment of the credits earned by the attorney for the preceding year and the credits, if any, carried forward for the current year and if the attorney failed to meet the minimum CLPD requirements for the preceding year, the report shall inform the attorney and require him to satisfy the Committee that, that requirement has been met or remedied by September 31.
(3) The Committee shall, by October 31, in each year send a final report to all attorneys who are not in compliance with these Regulations and each shall be given until December 15 to satisfy the Committee that they are in compliance and have made up any deficiency for the preceding year.
Regulation 22 – Appeal to Court of Appeal
22. An attorney may appeal to the Council from any decision of the Committee and, except for decisions of the Council under regulation 5(2) and 10(2), which are final, an appeal shall lie from any decision of the Council to the Court of Appeal in accordance with section 16 of the Act.
Substitute regulations 6(2) and 12(4) for the references to regulations 5(2) and 10 (2).
Note:
These are obvious errors in citation.
Schedule – Part I – Section 1(b)
1. The Committee shall consist of-
(a) a member of the Council (herein called the “nominated member”); and
(b) eight other members (herein called the “selected members”) who may be selected from
Amend to read: “not less than seven other” etc.
Note:
There is no need to have a maximum number of members.
Schedule – Part II – FORM 1 – Application for Accreditation…
Title of
Course/ Activity: ……………………………………………………………………………………………
(e.g. “Constructive Trusts between Vendors and Purchases“)
“Purchases” in the example to be changed to “Purchasers”
Note:
This is an obvious typographical error
Schedule – Part II – FORM 4 – Application…for Exemption
(insert grounds, particulars and documentary evidence in support where appropriate).
Amend to read “insert grounds, particulars and attach documentary evidence in support where appropriate”
B. St. Michael Hylton, Q.C.
CHAIRMAN
GENERAL LEGAL COUNCIL
chairman@generallegalcouncil.org