Section 50Part 6 — PRACTISING CERTIFICATES
Issue of practising certificate
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The Council may, on an application made in accordance with section 49, issue a practising certificate.
The Council shall issue and publish guidance on the matters that the Council shall have regard to in issuing a practising certificate including —
the number of practising certificates that are issued to attorneys-at-law practising Cayman Islands law in another jurisdiction with affiliates of the law firm;
the compliance by the attorney-at-law with any applicable programme of legal education and practical legal training that will be undertaken in the attorney-at-law's principal place of practice during the currency of the practising certificate;
the jurisdiction that will be the attorney-at-law's principal place of practice during the currency of the practising certificate; and
compliance by the law firm, its affiliates and the attorney-at-law with this Act and regulations made under this Act.
The Council shall, before determining an application under subsection (1) for an attorney-at-law to practise Cayman Islands law in another jurisdiction, have regard to the matters specified in the guidance issued and published under subsection (2).
Notwithstanding subsection (1), if in an application for a practising certificate, it is stated that an attorney-at-law is —
suspended from practice; or
the subject of a disciplinary complaint or any other action that could cause or caused the attorney-at-law's name to be struck off the roll of a jurisdiction in which the attorney-at-law is or was admitted,
the Council shall not issue a practising certificate except pursuant to an order of the Court.
In determining whether to issue a practising certificate authorising an attorney-at-law to practise Cayman Islands law in another jurisdiction, the Council shall have regard to the matters specified in the guidance issued and published under subsection (2).
Notwithstanding subsection (1), the Council shall not issue a practising certificate that authorises an attorney-at-law to practise Cayman Islands law in another jurisdiction if the total number of attorneys-at-law practising in all other jurisdictions with affiliates of the law firm would exceed the number of attorneys-at-law practising in the Islands with the law firm.
Notwithstanding subsection (1), the Council shall not issue a practising certificate that authorises an attorney-at-law to practise Cayman Islands law in another jurisdiction unless the attorney-at-law swears the prescribed oath or makes the prescribed affirmation.
A practising certificate shall be in the form approved by the Council.
A practising certificate is valid from the date of its issue and expires on 31st January of the ensuing year unless before that date the practising certificate becomes void.
Cross References
- Section 49 of Legal Services Act
application for practising certificate
Referenced By
- Section 2 — Interpretation
section 50