Legal Profession Act (Revised 2020)

Summary

This is the Legal Profession Act (Revised 2020), the Virgin Islands statute governing the admission, enrolment, regulation and discipline of legal practitioners. It establishes the Virgin Islands General Legal Council and a Disciplinary Tribunal, and sets out the rules for practising certificates, pupillage, remuneration for legal work, and temporary admission of foreign practitioners.

• Admission and enrolment: Sets qualifications, age, residency/belonger status and character requirements for admission to practise law, and requires payment of prescribed fees before admission.
• Roll and record-keeping: Requires the Registrar to maintain a public Roll of legal practitioners with personal and qualification details, and requires practitioners to notify changes.
• Practising certificates and fees: Requires annual (13 month) practising certificate fees under Schedule 2, with different classes of practitioner potentially paying different amounts.
• Accounts and remuneration: Empowers rules on client accounts, bills of costs, payments in advance, and non-contentious business remuneration agreements.
• Discipline: Establishes a Disciplinary Tribunal with powers to hear complaints, impose sanctions, and creates offences for unlawful practice and related conduct.
• Pupillage: Regulates pupillage contracts, cession of pupillage, and restrictions on the number of pupils a practitioner may take.
• Foreign and non-resident practitioners: Provides for temporary admission of foreign legal practitioners and temporary practising certificates, and for admission of non-resident persons on the Roll.

The Act consolidates amendments through 2016 and remains in force as revised to 1 January 2020, with transitional provisions preserving rights of persons entitled to practise before its commencement.

Key obligations

• Every legal practitioner must pay the prescribed fees for admission to practise and for the annual practising certificate (covering a thirteen month period commencing 1 January each year).
• A legal practitioner must, within twenty one days of any change in name or address, notify the Registrar in writing of the change.
• A person may not be admitted to practise law unless they meet the age, residency/belonger, qualification, fee payment and good character requirements and have served the prescribed pupillage.
• Applicants for admission must serve a copy of their High Court application on the Attorney General and the Council and obtain their certification before proceeding.
• Persons subject to Disciplinary Tribunal proceedings must furnish a list of documents relied upon to the other party and the Tribunal Secretary at least fourteen days before the hearing.
• A party must furnish a copy of any listed document to the other party within three days of receiving a request for it.
• Persons admitted as Queen's Counsel must pay the fees prescribed in Schedule 2.
• Legal practitioners must comply with rules governing client accounts, costs and non-contentious business remuneration made under the Act.

Applies to

legal practitioners, law firms, pupils, Disciplinary Tribunal, Virgin Islands General Legal Council, BVI Bar Association, foreign legal practitioners, Registrar of the High Court

Deadlines

• 21 days: A legal practitioner must notify the Registrar in writing of any change of name or address within twenty one days of the change.
• thirteen months commencing 1 January each year: Period covered by the practising certificate fee payable by legal practitioners.
• 14 days before the hearing: A party to Disciplinary Tribunal proceedings must furnish a list of documents relied upon to the other party and the Tribunal Secretary at least fourteen days before the fixed hearing date.
• 3 days after receipt of application: A party must furnish a copy of any listed document to the other party requesting it within three days of receiving the request.
• 21 days after receipt of request from Governor: The Premier or Leader of the Opposition must submit the name of their Council nominee within twenty one days of the Governor's request.