Jamaica Gleaner

Let’s reinvent the wheel

- Kevin K.O. Sangster Kevin K.O. Sangster is an attorney-at-law. Email feedback to columns@gleanerjm.com and sangstek@msn.com.

WE SEEMINGLY have a propensity in this country to engage in unnecessar­y complexity, even when there are commonsens­ical and uncomplica­ted ways to achieve particular ends without compromisi­ng the desired objectives.

I refer particular­ly in this instance to the various compliance requiremen­ts of attorneys barred in Jamaica.

Every year, such attorneys, whether resident and employed within outside Jamaica, are required to submit various compliance forms to the General Legal Council (GLC), the local regulatory body for attorneys.

Such attorneys are required, importantl­y, to submit annual accounting documentat­ion in relation to their receipt, maintenanc­e and disburseme­nt of client funds. If an attorney is not currently residing and practising in Jamaica, she is required to submit a declaratio­n in respect of her being resident and employed abroad, as it would be unnecessar­y to submit such accounting informatio­n, unless she was actually practising in Jamaica during the year immediatel­y prior, in which case she would need to provide the accounting informatio­n for that said year.

The attorneys are further required to submit annually their compliance with the Continued Legal Profession­al Developmen­t (CLPD) regulation­s, which require that, in order to be issued a practising certificat­e, each such attorney has to take annually a minimum of 12 credits of continuing legal education courses. If the attorney is living and working abroad, or if she is unemployed, pregnant or ill, she may apply for exemption from the CLPD requiremen­ts for that year when she is so affected.

Further, all attorneys practising locally must now submit an annual declaratio­n of their activities to be in compliance with the Proceeds of Crime Act.

Naturally, attorneys who desire to practise in Jamaica must make the necessary payment in order to be issued a practising certificat­e for the particular year in question.

NO OBJECTION, BUT ...

I have no objection to complying with the various requiremen­ts to maintain my licence/privilege to practise law in Jamaica; however, why can’t the GLC adopt a single annual attorney registrati­on form that captures all the compliance requiremen­ts and obligation­s? I have recommende­d same to the GLC before, but I have not been sufficient­ly convinced as to why we cannot move in that direction.

A short annual attorney registrati­on form, if designed logically and devoid of awkwardly archaic language that obtains with too many forms in Jamaica, would make things easier for all concerned.

Naturally, the form would have the usual identity and contact informatio­n of the attorney, and perhaps a request of all jurisdicti­ons within which said attorney is licensed. It would, thereafter, contain informatio­n for the attorney to certify as to his compliance with the various requiremen­ts, or his exemption from them, where necessary. If the attorney desires to practise in Jamaica for the year of registrati­on, he would so indicate on the form and enclose the practising certificat­e fee.

The last section of the form would be the standard certificat­ion as to truth and accuracy of the informatio­n provided, and the attorney would then sign and date.

In this digital age, the form should be designed to be completed and submitted electronic­ally via a secure GLC website, with the informatio­n submitted for the previous year prepopulat­ed on the next year’s edition, allowing the attorney to simply update or make any change to the informatio­n as necessary. This saves time, a most valuable resource for attorneys.

In relation to CLPD, the course providers should provide attendance forms that each attorney attending would complete and return to the provider at the end of the seminar for the provider to submit to the GLC for the attorney to be credited. Providers could also provide the forms for attorneys to self-report, where necessary.

This could, ultimately, lead to the attorneys not having to certify as to CLPD compliance, as the GLC would already have that informatio­n on file based on the submission after each seminar attended. Additional­ly, attorneys should have access to an online account with the GLC, where they can track their CLPD compliance, and conduct other tasks, such as submitting their annual registrati­ons and making changes to their names and addresses.

Such changes by the GLC, I humbly submit, would allow the attorneys to fulfil their annual obligation­s without undue burden or the need to complete various time-consuming paperwork, and the GLC would still receive the necessary informatio­n while reducing the volume of paperwork to be processed.

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