Black Immigrant Daily News

Yesterday, Parts 1 and 2 of the Legal Services Act, 2020 (the “Act”) were discussed by Loop in an explanatory video and article. These parts of the Act came into force on October 14, 2022, according to a government press release.

As readers will recall, those parts covered definitions to be used under the Act and the procedure for the establishment of the Cayman Islands Legal Services Council (the “Council”).

In this second part of the explainer, sections 99 and 101 of the Act will be discussed, which the government press release also said will come into force on October 14, 2022.

Section 99

In relation to section 99, this allows the Cabinet to make regulations covering access to the legal profession and training and development of attorneys-at-law.

According to the Act, the Cabinet can make these regulations after consultation with the Cayman Islands Legal Services Council which, as was mentioned yesterday, is expected to include political appointees.

In addition to the concerns raised regarding the Council comprising political appointees, its general structure is expected to cause controversial issues in connection with the mixing of the powers of the court, legislature and cabinet in one place (i.e., on the Council). This may ultimately lead to questions about possible conflicts of interest in the operation of the Council.

Before moving too far off topic, however, let’s dive in and examine the types of regulations that one can expect see the Cabinet consider and pass under section 99.

In this case, the source of the guidance for what one may expect in the 2022 regulations is the content of the 2019 consultation draft regulations.

In connection with this, the 2019 consultation draft covered the type of firm that the regulations would apply to, the requirement for such firms to have a scholarship programme in place, how scholarship recipients could win contracts to train with a law firm and what happens after their training is complete and they are finally admitted by the courts to practice Cayman Islands law.

Type of firm

According to the 2019 consultation draft, the proposed Cabinet regulations were contemplated to apply only to a law firm that had over fifteen attorneys-at-law that hold practising certificates.

The 2022 regulations are expected to take a similar shape in this regard as smaller firms may have challenges with satisfying the regulations due to the size and resources of smaller firms.

Scholarship programme

The 2019 consultation draft required a law firm to establish and maintain a scholarship programme and provide a scholarship to at least one Caymanian at all times.

Again, one would not expect this to change for the 2022 regulations, unless firms wish to be generous and commit to scholarships for at least 3 or 4 Caymanians at all times.

Training contracts (or “articles”)

In relation to training contracts or articles of clerkship that a scholarship student may win at a law firm after he or she has completed his or her law studies, the 2019 consultation draft generally says that the relevant law firm will first look at its list of scholarship students that it already sponsors. The law firm would then interview the persons on that list for a chance to complete a period of articles or training with the law firm that will ultimately lead to the person qualifying as a lawyer. However, the ability to win this prestigious seat may be dependent on how well the student does at university (i.e., the achievement of first class honours, etc.).

If the 2019 consultation draft is followed, it may also mean that any student who was not on the law firm’s scholarship programme, but who has a degree, may be left out of the race for a training contract.

Unfortunately, the manner of the preparation of the 2019 consultation draft does not offer much certainty in terms of a sponsored scholarship student being allowed to complete his or post law degree training with the very firm that gave him or her a scholarship to do the law degree.

One might therefore expect that the 2022 regulations to provide more certainty for law school graduates in that they will all be offered training contracts upon completion of their degrees, after having been sponsored by the relevant law firm.

Life after being called to the bar

If one follows the text of the 2019 consultation draft, one will see that, once a law student completes his or degree and training for 18 months with a law firm, that person will be offered an interview for an associate position i.e., a full-time job with the relevant law firm.

Again, the manner of the preparation of the 2019 consultation draft does not offer much certainty in terms of a trainee getting a full-time job at the very firm that he or she completed his or her training or articles of clerkship with.

As an improvement, one might expect that the 2022 regulations to provide more certainty for trainees or articled clerks so that, once they finish their training under the guidance of a law firm partner, they will all be offered jobs as associates in the law firm. Otherwise, there will be little or no job certainty for these persons.

Involvement in business development

If the wording of the 2019 consultation draft remains in the 2022 regulations in the case of business development, the implication is that Caymanian lawyers will only be eligible to participate in the law firm’s business development activities after they have been with the law firm for a minimum number of years.

Such a regulation could be challenging if it appears in the same format in the 2022 regulations because it may mean that a Caymanian attorney working for a competing law firm for 10 years and then transferring to a new firm would not be allowed to participate in the new law firm’s business development activities until he or she has been with the new law firm for a minimum number of years.

An alternative approach to this is for partners to analyse each Caymanian attorney based on their abilities and contributions in terms of billable hours and other factors to determine inclusion in the firm’s business development activities.

Becoming a partner

Again, using the 2019 consultation draft as a guide of what to expect in the 2022 regulations, after a period of at least ten years, a Caymanian lawyer would be expected to be in a position to apply for a position as a partner in the law firm.

This is not expected to change in the 2022 regulations as it is “industry standard” for an attorney to reach the ten year mark before being considered for partner (note that this is a post that can never be guaranteed to anyone as it is based on a high level of performance, including billable hours, winning clients and being likable by other partners in the law firm).

One adjustment for the 2022 regulations, however, is that mention should be made that Caymanians may be eligible for equity partner roles as well as salaried partner roles (again, neither can be guaranteed and are based on various competencies).

Number of associates and partners

If the goal is to have as many Caymanians as associates and partners in the law firms, then the “ratio” approach mentioned in the 2019 consultation draft might be applied in the 2022 regulations.

That “ratio” approach stated in the 2019 consultation draft was that “a law firm that has a Business Staffing Plan shall maintain a minimum the number of articled clerks in accordance with the Business Staffing Plan submitted by the law firm to the Business Staffing Plan Board.”

Something similar could appear in the 2022 regulations in relation to associates and partners i.e., a suitable ratio of Caymanian associates to non-Caymanian associates and Caymanian partners to non-Caymanian partners in relevant law firms. Whatever that ratio is would be what is considered reasonable by all stakeholders.

Section 101

After significantly fleshing out possibilities for regulations that Cabinet could make under section 99 of the Act, one can now examine what savings and transitional provisions might be included in the 2022 regulations.

For illustration purposes only, such provisions may include the following:

Allowing any period of recognised training entered into under old regulations (i.e., before the 2022 regulations came into force) to continue as if recognized under the new 2022 regulationsPermitting any approval, authorisation or recognition granted under previous regulations to continue as if granted under the 2022 regulationsAllowing persons who work outside Cayman and who are advising on Cayman Islands law, but who do not have Cayman legal practice certificates, to continue to do so for a period after the 2022 regulations are passed

The reason for these types of provisions is to allow certain parties time to comply with new regulations in the event that the regulations were passed so quickly that the parties didn’t have sufficient time to comply. They also allow a smooth transition from any old regulations to the new regulations.

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Black Immigrant Daily News

Opposition Leader Mark Golding has vowed to make representation to the relevant Government agencies on behalf of residents who are scheduled to be evicted from lands in Pleasant Hill, Lluidas Vale in rural St Catherine.

“… We will proceed to make representation on your behalf with the relevant Government agencies, and if necessary, the prime minister himself, to sort this thing out on your behalf, because it can’t go any further than it has already gotten,” Golding told concerned residents on Friday.

The citizens have built homes on the lands which were reportedly originally leased from Worthy Park Estates by their fore parents some 50 years ago.

However, the residents were served with eviction notices by the Commissioner of Lands on October 6, informing them that they have until December 6 to relocate from the area.

“The reason for requiring you to cease occupation, vacate and deliver up possession of and remove any fencing and/or temporary structure(s) erected on the said property is that you are in illegal possession of property, which is owned by the Commissioner of Lands,” the notice stated.

It continued: “If you fail to cease occupation, vacate and deliver up possession of the said property as required under the terms of this notice, you will be forcibly evicted,” the notice further advised.

Interestingly, the letters were served the same day illegal housing structures were demolished on agricultural lands in the community of Clifton in the Greater Bernard Lodge Development Area.

Since the delivery of the notices, coupled with the demolition of the houses in Clifton, residents in Pleasant Hill in Lluidas Vale have been left uneasy, as they do not know where they stand relative the lands they currently occupy.

Further, they are worried about where they will now move to, having invested their livelihoods on building their homes.

Golding, who, along with several other members of the leadership of the People’s National Party (PNP), met the residents on Friday, said he did not understand the rationale behind issuing the notices, as the residents have indicated their willingness to realise their ownership of the land.

“I do not understand what is the thinking behind these notices. It doesn’t make sense to me. I don’t see why the Government would want to do such a thing,” Golding said, reiterating that the Opposition PNP will be making enquiries about the notices.

He warned that if necessary, the Opposition will also take “other forms of action, because a land owner cannot stand by and watch people put their blood, sweat and tears and all their earnings investing in houses, and when the houses are in an advanced stage, (they) come and say, ‘Oh, well,

The PNP president advised the residents that they may have to pay for the land, to which the residents responded in unison that they have no problem in doing so.

“It is frankly unbelievable that a Government agency would treat a community – 65 families – in such a way, out of the blue to serve them notices at a time when things are so hard anyway and life is so tough with prices being high…,” declared Golding.

“… This is a community that has been here for many, many years and the people are born and grow here…,” said Golding, who was then interrupted by a female resident.

She told him that, “It is ancestral land…

“We already pay fah with blood sweat and tears from our great grandparents to our grantparents to our parents then now to me, then now to my children – that is five generations!” she insisted.

Prime Minister Andrew Holness reacted in Parliament on Tuesday to the issues relative to the pendin in the House, Phillip Paulwell, questioned him on the eviction notices that were received by the residents.

“I’ve seen the issue for Lluidas Vale. It is totally coincidental. It has nothing to do with this (the demolition of unfinished housing houses in Clifton),” Holness stated.

According to him, the National Land Agency (NLA), Housing Agency of Jamaica (HAJ) and other agencies of Government that own a registry of lands, “from time-to-time go about regularising and rectifying communities that are irregularly settled.”

Holness said it was unlikely that persons will be thrown off the lands in Pleasant Hill.

“There is no coordination at this time to have any mass rectification of irregular settlements.

“However, based upon what has happened, I think it is quite timely that we take a serious look at this, and any engagement like that would obviously have to have enough time, public engagement, and we would have to provide the alternatives for people,” said Holness.

There have been reports by residents of Pleasant Hill that they have tried to get titles for the land in the past, but were not successful.

Holness has vowed to take a stand against what he referred to as land grabs island-wide, and the acquiring of Government lands for illegal housing by residents and criminals locally.

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Black Immigrant Daily News

Medical Benefits & Social Security Reparations For RastafariObservation

Fifty years ago as the Revelation of Rastafari made its presence of felt in Antigua & Barbuda, the war zones were established in the hills of Antigua where the young men built their trash houses and shacks.

Thus began a program of ostracism by the Christian minded citizens, orchestrated by the Police, under the hand of the Attorney General of the day.

The trickle down effect of police wars carried all the negatives which they linked with the use of marihuana, ganja, weed, the holy herb, now legally cannabis.

As a result there was such a wave of anti-Rasta sentiment that even parents and grand-parents were glad to cooperate with police.

Often going as far as walking to the police station in Graysfarm to report Rastas smoking in their yard or on the block, and begging police to come lock them up.

In those days no business and nobody would hire Rastafari for any job, for fear of police and marijuana, or worse because of their own fear of Rastaman! Additionally, Rastafari were considered ungodly because of their Revelation, and their insistence on their diet, dress and contempt for the continuing colonial life.

This exclusion from the system has ultimately defined their exclusion also from Social Security and Medical Benefits.

When one considers that today we now have young men and women who were forced to grow up without participation in the health system, and outside the Government Social Services, all for the most part by exclusion.

Additionally the youths who first ran to the hills are now grown men and women, some old and some even dead. None of these dreads have benefitted from Social Security and Medical Benefits.

Whereas the Social and Medical systems came into being within the past fifty years, certain entitlements were supposed to be built in for those who were no longer working, still alive without having contributed.

Government should now consider establishing reparatory measures to include Rastafari within certain age groups, in some participatory link to benefits from the two Social Services systems, established to insure the livelihood of our people as they age, and not able to work.

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