Revised Laws of Saint Lucia (2021)

Schedule 7

(Section 2)

AGREEMENT ESTABLISHING THE COUNCIL OF LEGAL EDUCATION

(Amended by Act 8 of 2007)

The Contracting Parties

Sharing a common determination to establish without delay a scheme for legal education and training that is suited to the needs of the Caribbean;

Aware that the objectives of such a scheme of education and training should be to provide teaching in legal skills and techniques as well as to pay due regard to the impact of law as an instrument of orderly social and economic change;

Convinced that such a scheme of education and training can best be achieved by—

1.  

   Firstly, a University course of academic training in a Faculty of Law designed to give not only a background of general legal principles and techniques but an appreciation of relevant social science subjects including Caribbean History and contemporary Caribbean affairs;

1.  

   Secondly, a period of further institutional training directed towards the study of legal subjects, having a practical content and emphasis, and the acquisition of the skills and techniques required for the practice of law;

Recognising the needs to vest responsibility for providing the institutional training in a Regional Council of Legal Education which should be established in advance of students being admitted to the Faculty of Law so as to give assurance that the whole scheme for legal education will be implemented in its entirety;

Hereby agree as follows:

Article 1
Constitution

There shall be a Council of Legal Education (hereinafter called “the Council”) with the following membership, status, functions and powers:

1.   Membership

1.  

   (a)     The Council shall consist of—

   1.  

      (i)     The Dean of the Faculty of Law of the University of the West Indies and another member of the faculty nominated by him;

   1.  

      (ii)     The Director of Legal Education and his Deputy or Deputies;

   1.  

      (iii)     The Head of the Judiciary of each participating territory;

   1.  

      (iv)     The Attorney General of each participating territory;

   1.  

      (v)     From each of the 4 participating territories in which there are now 2 branches of the legal profession, namely, Jamaica, Barbados, Trinidad and Tobago and Guyana, a Barrister and a Solicitor nominated by their appropriate professional bodies, or in the event of the 2 branches of the profession at any time becoming fused in any such territory 2 members of the fused profession nominated by their appropriate professional body;

   1.  

      (vi)     From each of the other participating territories one member of the profession nominated by the appropriate professional body.

1.  

   (b)     Each member of the Council appointed under paragraphs (v) and (vi) of Clause (a) above shall hold office for 3 years from the date of his appointment and shall be eligible for re-appointment. The effective date of appointment of members under the said paragraphs (v) and (vi) shall be the date on which the Council is notified of the appointment.

1.  

   (c)     Each member of the Council may be represented by an alternate to be appointed, in the case of (i) above by the Dean, in the case of (ii), (iii) and (iv) by the member himself or herself and in the case of (v) and (vi) by the body represented by the member.

1.  

   (d)     A casual vacancy, however, occurring in the case of a member appointed under (v) and (vi) may be filled by the body appointed such member and the person appointed to fill such casual vacancy shall hold office for the remainder of the period of the appointment of the member whose place he fills.

1.  

   (e)     Any committee of the Council shall have the power to co-opt such person or persons as it thinks fit.

2.   Legal Status

The Council shall possess full juridical personality and in particular, full capacity—

1.  

   (a)     to contract;

1.  

   (b)     to acquire, and dispose of movable and immovable property; and

1.  

   (c)     to institute and defend legal proceedings.

3.   Functions and Powers

The functions and the powers of the Council shall be as follows—

1.  

   (a)     to undertake and discharge general responsibility for the practical professional training of persons seeking to become members of the legal profession;

1.  

   (b)     to establish, equip and maintain Law Schools, one in Jamaica, one in Trinidad and Tobago and in such other territories as the Council may from time to time determine, for the purpose of providing post-graduate professional legal training;

1.  

   (c)     to appoint a Director of Legal Education, one or more Deputy Directors of Legal Education and all necessary staff;

1.  

   (d)     to make proper provision for courses of study and practical instruction, for the award of scholarships, studentships, bursaries, and prizes, and for holding examinations and granting diplomas and certificates;

1.  

   (e)     To evaluate courses of study provided by and to accord appropriate recognition of legal qualifications obtained at other institutions;

1.  

   (f)     in the exercise of any of the above functions or powers to enter into any such agreements with the University of the West Indies, and the University of Guyana as the Council shall think fit;

1.  

   (g)     to appoint Committees of the Council and to delegate to any such Committees such of its powers as the Council shall think fit provided that the Council shall nevertheless maintain overall responsibility for co-ordinating training throughout the area on a planned and integrated basis paying due regard to the needs of the several participating territories.

1.  

   (h)     to make regulations for the due discharge of its functions, for the courses and examinations at the Law Schools, and for prescribing fees to be paid and disciplinary rules to be paid and disciplinary rules to be observed by persons admitted to the Law School and, subject to the provisions of Articles 7 and 8, to regulate its own procedures;

1.  

   (i)     to do all such other acts and things whether incidental to the powers aforesaid or not as may be requisite in order to further the objects of the Council.

Article 2
Director Of Legal Education

The Director shall be responsible to the Council for the organisation and administration of the Law Schools and of the courses of study and practical instruction and shall exercise such other functions of the Council as the Council may from time to time entrust to him. The Director may delegate to a Deputy Director any of his functions or powers.

Article 3
Admission To Law Schools

Every person who holds a University of the West Indies LL.B. degree shall be eligible for admission to the Law Schools and every person who holds a degree of a University or Institution which is recognised by the Council as being equivalent to the University of the West Indies LL.B. degree shall, subject to the availability of places and to such conditions (if any) as the Council may require, be eligible for admission to the Law Schools. Provided that any national who prior to 1 October 1972 was holder of a University degree or had commenced upon a degree programme other than in law and completed that programme before 1 October 1975, shall be eligible to be admitted to one of the Professional Law Schools without being required to obtain a degree of LL.B. from the University of the West Indies or a Law Degree recognised by the Council of Legal Education as equivalent thereto but subject to such other terms and conditions as the Council of Legal Education shall after consultation with the Faculty of the Law of the University of the West Indies determine.

Article 4
Legal Education Certificate

On satisfactory completion by any person of the course of study and professional training at one of the Law Schools established by the Council of Legal Education, he will be awarded by the Council a certificate herein referred to as a Legal Education Certificate.

Articles 5-12 (Repealed by Act 8 of 2007)

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ANNEX “A”

1.  

   ANTIGUA

1.  

   BAHAMAS

1.  

   BARBADOS

1.  

   BRITISH HONDURAS (BELIZE)

1.  

   THE BRITISH VIRGIN ISLANDS

1.  

   DOMINICA

1.  

   GRENADA

1.  

   GUYANA

1.  

   JAMAICA

1.  

   MONTSERRAT

1.  

   ST. KITTS—NEVIS—ANGUILLA

1.  

   ST. LUCIA

1.  

   ST. VINCENT

1.  

   TRINIDAD AND TOBAGO

1.  

   THE TURKS AND CAICOS ISLANDS

1.  

   THE UNIVERSITY OF THE WEST INDIES

1.  

   THE UNIVERSITY OF GUYANA

1.  

   PROTOCOL TO PROVIDE FOR THE RESERVATION MADE BY THE GOVERNMENTS OF THE BAHAMAS TO

1.  

   PARAGRAPH 1 OF ARTICLES 5 OF THE AGREEMENT ESTABLISHING THE COUNCIL OF LEGAL EDUCATION

The contracting parties to the Agreement establishing the Council of Legal Education hereby agree that notwithstanding the provisions of paragraph 1 of article 5, the Government of the Bahamas shall be able to admit to practise in the Bahamas, person holding qualifications other than a Legal Education Certificate awarded by the Council of Legal Education. The Government of the Bahamas undertakes to review the position within 5 years of the coming into force of the Agreement with a view to implementing fully the provisions of paragraph 1 of Article 5.

FURTHER PROTOCOL TO PROVIDE FOR THE ADHESION OF THE GOVERNMENT OF THE CAYMAN ISLANDS NOTWITHSTANDING PARAGRAPH 1 OF ARTICLES 5 OF THE AGREEMENT ESTABLISHING THE COUNCIL OF LEGAL EDUCATION.

The contraction parties to the Agreement establishing the Council of Legal Education hereby agree that notwithstanding the provisions of paragraph 1 of Article 5, the Government of the Cayman Islands shall be able to admit to practise in the Cayman Islands persons holding qualifications other than a Legal Education Certificate awarded by the Council of Legal Education.

Provided that the Government of the Cayman Island may, at any time not later than 5 years from the date on which that Agreement entered into force adhere unconditionally to the full terms of that Agreement but if, at the conclusion of the said period of 5 years, the Government of the Cayman Islands has not so adhered, it shall cease forthwith to be a participating Government in the Council of Legal Education.

CHAPTER 2.04
LEGAL PROFESSION ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Legal Profession (Law Offices) Order – Section 26(1)

(Statutory Instruments 50/2001 and 181/2021)

Statutory Instrument 50/2001 .. in force 7 April 2001

Amended by S.I. 181/2021 .. in force 15 November 2021

ARRANGEMENT OF ORDERS

LEGAL PROFESSION (LAW OFFICES) ORDER – SECTION 26(1)

Commencement [7 April 2001]

1.   Citation

This Order may be cited as the Legal Profession (Law Offices) Order.

2.   Declaration of law offices

The offices listed in the Schedule to this Order are declared to be law offices for the purpose of the Legal Profession Act.

Schedule

1.  

   Adjudicator

1.  

   Attorney General

1.  

   Clerk of Parliament

1.  

   Crown Counsel

1.  

   Deputy Clerk of Parliament

1.  

   Deputy Director of International Financial Services

1.  

   Deputy Director of Legislative Drafting

1.  

   Deputy Director of Public Prosecution

1.  

   Deputy Registrar of Civil Status

1.  

   Deputy Registrar of Companies and Intellectual Property

1.  

   Deputy Registrar of High Court

1.  

   Deputy Registrar of Lands

1.  

   Director of International Financial Services

1.  

   Director of Legislative Drafting

1.  

   Director of Public Prosecution

1.  

   Legal Officer

1.  

   Legislative Drafter

1.  

   Magistrate

1.  

   Registrar of Civil Status

1.  

   Registrar of Companies and Intellectual Property

1.  

   Registrar of International Business Companies and International Trust

1.  

   Registrar of High Court

1.  

   Solicitor General

1.  

   Senior Crown Counsel

1.  

   Senior Magistrate

Legal Profession (Fees) Regulations – Section 67

(Statutory Instruments 49/2001 and 55/2003)

Statutory Instrument 49/2001 .. in force 7 April 2001

Amended by S.I. 55/2003 .. in force 16 June 2003

ARRANGEMENT OF REGULATIONS

LEGAL PROFESSION (FEES) REGULATIONS – SECTION 67

Commencement [7 April 2001]

1.   Citation

These Regulations may be cited as the Legal Profession (Fees) Regulations.

2.   Interpretation

In these Regulations “principal Act” means the Legal Profession Act.

3.   Annual subscription

The annual subscription fee under section 12(1) of the principal Act is as prescribed in Schedule 1.

4.   Admission of citizens

The fee under section 15 of the principal Act for admission of a citizen of Saint Lucia to practise is as prescribed in Schedule 2.

5.   Admission of person who is not a citizen

The fee under section 16 of the principal Act for admission of a person who is not a citizen of Saint Lucia to practise is as prescribed in Schedule 3.

6.   Certificate of enrolment

The fee for a certificate of enrolment under section 19 of the principal Act is as prescribed in paragraph 1 of Schedule 4.

7.   Practising certificate

The fee for a practising certificate under section 23 of the principal Act is as prescribed in paragraph 2 of Schedule 4.

Schedule 1

Schedule 2

Schedule 3

Schedule 4

Sections

Enrolment, Admission and Status

Law Officers

Removal from Roll and Suspension

Restoration of name to Roll and termination of suspension

Accounts

Discipline

Disciplinary Committee and proceedings

Other Disciplinary Offences

General Offences

Recovery of Costs

Legal Profession (Remuneration of Arbiters) Regulations – Section 67

(Statutory Instruments 22/1965, 7/1967, 11/1968, 24/1970, 17/1973, 8/1974 and 21/1993)

Statutory Instrument 150/2006 .. in force 4 September 2006

ARRANGEMENT OF REGULATIONS

PART 1
PRELIMINARY

LEGAL PROFESSION (REMUNERATION OF ARBITERS) REGULATIONS – SECTION 67

Commencement [1 October 1965]

PART 1
PRELIMINARY

1.   Citation

These Regulations may be cited as the Legal Profession (Remuneration of Arbiters) Regulations.

2.   Remuneration of arbiters

The remuneration of arbiters of the Appeals (Professional Misconduct Commission) pursuant to section 40 (4) of the Legal Profession Act is as specified in the Schedule.

Schedule

(Regulation 2)

Legal Profession (Eligibility) Order – Section 16(1)

(Statutory instruments 38/2015, 47/2015, 60/2015, 95/2015, 99/2015, 47/2016, 48/2016, 49/2016, 76/2016, 93/2016, 95/2016, 111/2016, 3/2017, 32/2017, 33/2017, 52/2017, 53/2017, 61/2017, 68/2017, 81/2017, 117/2017, 118/2017, 5/2018, 22/2018, 23/2018, 28/2018, 41/2018, 116/2018, 120/2018, 123/2018, 30/2019, 57/2019, 63/2019, 110/2019, 139/2019, 146/2019, 12/2020, 101/2020, 102/2020, 103/2020, 104/2020, 105/2020, 106/2020, 112/2020, 113/2020, 135/2020, 141/2020, 142/2020, 143/2020, 150/2020, 157/2020, 158/2020, 159/2020, 160/2020, 163/2020, 174/2020, 175/2020, 176/2020, 177/2020, 178/2020; 45/2021; 50/2021; 51/2021; 91/2021; 92/2021; 140/2021; 161/2021; 170/2021; 179/2021; 187/2021; 195/2021; 205/2021)

Roger Cephas Forde Q.C. S.I. 38/2015 .. in force 16 April 2015

Nardia Vastinie Morgan S.I. 47/2015 .. in force 15 May 2015

Ruggles Low Ferguson S.I. 60/2015 .. in force 11 June 2015

Kozel Kendra Creese S.I. 95/2015 .. in force 22 October 2015

Derick Fields Sylvester S.I. 99/2015 .. in force 4 November 2015

Geoffery Ronald Robertson Q.C. S.I. 47/2016 .. in force 18 April 2016

David Reynolds S.I. 48/2016 .. in force 18 April 2016

Ann-Alicia Natalie Fagan S.I. 49/2016 .. in force 18 April 2016

Terry-Ann Natasha Moe S.I. 76/2016 .. in force 22 August 2016

Lalita Anuradha L. Vaswani S.I. 93/2016 .. in force 14 November 2016

Danielia Sereta Chambers S.I. 95/2016 .. in force 14 November 2016

Jodi-Ann Kimberley Stephenson S.I. 111/2016 .. in force 28 December 2016

Vestricia Keisha Llewellyn S.I. 3/2017 .. in force 30 January 2017

Nadia Nicole Evette Alleyne S.I. 32/2017 .. in force 18 April 2017

Rowana-Kay Althea Gillian Campbell S.I. 33/2017 .. in force 18 April 2017

Sherene Stephanie Francis S.I. 52/2017 .. in force 12 June 2017

Vilette Gisela Benjamin S.I. 53/2017 .. in force 12 June 2017

Lorie Neto Christina Yarde S.I. 61/2017 .. in force 3 July 2017

Lashona Raphae'La Toshowia Andrews S.I. 68/2017 .. in force 10 July 2017

Algernon Gilbert Russell Drummond Kodilinye S.I. 81/2017 .. in force 14 August 2017

Andrè Charles McKenzie S.I. 117/2017 .. in force 6 November 2017

Shaunita Akira Jordan S.I. 118/2017 .. in force 6 November 2017

Cara Charissa Shillingford S.I. 5/2018 .. in force 22 January 2018

Jilane-Milani Prevost S.I. 22/2018 .. in force 19 March 2018

Sherlyn Lavina Christopher S.I. 23/2018 .. in force 26 March 2018

Peter Andrew Hadyn Marshall S.I. 28/2018 .. in force 3 April 2018

Hamilton Carl Daley S.I. 41/2018 .. in force 30 April 2018

Sirah Marie Abraham S.I. 116/2018 .. in force 26 November 2018

Chévanev Andrei Yevgeny Charles S.I. 120/2018 .. in force 10 December 2018

Jewel Ann Barrow S.I. 123/2018 .. in force 17 December 2018

Patrick Adrian Thaddeus Thompson Jr. S.I. 30/2019 .. in force 1 April 2019

Kara-Je Jovita Kellman S.I. 57/2019 .. in force 27 May 2019

Kendrickson Hugh Kentish S.I. 63/2019 .. in force 3 June 2019

Stephen Wayne Corrington S.I. 110/2019 .. in force 5 August 2019

Jeville Augustine John S.I. 139/2019 .. in force 14 October 2019

Andrew Ramjohn S.I. 146/2019 .. in force 4 November 2019

Taylor Rose Laurayne S.I. 12/2020 .. in force 3 February 2020

Tanya Nzangia Katherine Alexis-Francis S.I. 101/2020 .. in force 29 June 2020

Chanika Jovita Oneka Dhanika Carrington S.I. 102/2020 .. in force 29 June 2020

Simone Blanche Bowman S.I. 103/2020 .. in force 29 June 2020

Kelly Marie Thomson S.I. 104/2020 .. in force 29 June 2020

Mark Anthony Fulford S.I. 105/2020 .. in force 29 June 2020

Andrae Shawn Silburn S.I. 106/2020 .. in force 29 June 2020

Nassoma Monifa Cammock S.I. 112/2020 .. in force 13 July 2020

Marie-Ange Symmonds S.I. 113/2020 .. in force 13 July 2020

Damian Earle Stefan Kelsick S.I. 135/2020 .. in force 7 September 2020

Arthur David Compass S.I. 141/2020 .. in force 15 September 2020

Fyard Hosein S.I. 142/2020 .. in force 15 September 2020

Sasha Dawn Shalini Bridgemohansingh S.I. 143/2020 .. in force 15 September 2020

Magali Guadalupe Marin-Young S.I. 150/2020 .. in force 28 September 2020

Loriann Felecia Tugwell S.I. 157/2020 .. in force 6 October 2020

David Robert Kitson Sharpe S.I. 158/2020 .. in force 6 October 2020

Jordan Alexander James Jarrett S.I. 159/2020 .. in force 6 October 2020

Candace Renae Fletcher S.I. 160/2020 .. in force 6 October 2020

Kimberley Kaye Williams S.I. 163/2020 .. in force 19 October 2020

Westmin Richard Anthony James S.I. 174/2020 .. in force 16 November 2020

Cilma Daniella Shenaire Wade S.I. 175/2020 .. in force 16 November 2020

Richard John Harwood S.I. 176/2020 .. in force 16 November 2020

Weiden Orlando Daley S.I. 177/2020 .. in force 16 November 2020

Adlai David Samuel Dorsett S.I. 178/2020 .. in force 16 November 2020

Rushaine Ronjel Cunningham S.I. 45/2021 .. in force 23 February 2021

Tito Jerome Holder S.I. 50/2021 .. in force 1 March 2021

Anselm Colin Caines S.I. 51/2021 .. in force 1 March 2021

Jason Kelvin Mootoo S.I. 91/2021 .. in force 21 June 2021

Vanessa Shanice Pinnock S.I. 92/2021 .. in force 21 June 2021

Vanessa Marie Morgan S.I. 140/2021 .. in force 6 September 2021

Melissa Sasha Modeste-Singh S.I. 161/2021 .. in force 11 October 2021

Richelle Maria Nichols S.I. 170/2021 .. in force 25 October 2021

Mequissa Josephine Baptiste S.I. 179/2021 .. in force 8 November 2021

Roysdale Alton Forde S.I. 187/2021 .. in force 22 November 2021

Janelle Zarasa Bernard S.I. 195/2021 .. in force 29 November 2021

Shane Antonio Omar Thompson S.I. 205/2021 .. in force 14 December 2021

1.   Short Title

This Order may be cited as the Legal Profession (Eligibility) Order.

2.   Eligibility

The following persons are declared eligible to be admitted by the High Court to practise law in Saint Lucia: