Case Explained: Issue raised over code of conduct for overseas lawyers – Legal Perspective

Overseas lawyers with limited admission to Cayman courts may not be subject to the same mandatory code of conduct for on-island professionals, a lawyer has said.

Colin McKie, in his address as the editor of the Cayman Islands Law Review during the 2026 opening of Grand Court on 14 Jan., said the new Legal Services Act introduced fresh sanctions against lawyers found guilty of professional misconduct.

He said the introduction of a compulsory code of conduct for lawyers was welcome and the two measures would ensure compliance with “modern standards for ethical conduct and thereby to strengthen all stakeholders’ trust and confidence in our legal profession”.

McKie said the 100 or so overseas lawyers whose firms were affiliated to Cayman firms would be granted general admission to practise in the islands and that the affiliates would ensure compliance.

But he added overseas attorneys with limited admission, which number about 250 over the past five years, would present “a different challenge”.

“Because, on limited admission, they are nevertheless attorneys and they are subject to the same code of conduct and disciplinary mechanisms as generally admitted attorneys.

“However, their principal practise is the law of their home jurisdiction. They are – usually – self-employed and they are not employees of an affiliated law firm.”

The rules will be enforced by two new bodies, the Legal Services Council and the Disciplinary Tribunal.

McKie said, “In 2026 and beyond, the council will no doubt wish to consider appropriate regulations to ensure that [all overseas attorneys with limited admission] too are compliant with the code of conduct.”

Sanctions

McKie earlier said that a voluntary code of conduct had existed, but those not members of the then- Cayman Islands Law Society, later the Cayman Islands Legal Practitioners’ Association, were not bound by it.

McKie highlighted that the now-repealed Legal Practitioners Act had only two sanctions for lawyers found by a court to be guilty of professional misconduct – disbarment or suspension.

He said that meant that only alleged misconduct cases at a more serious level that would require at least suspension were ever proceeded with.

McKie added that otherwise, all that could be imposed by the Chief Justice was a reprimand or advice could be given and that no public records were kept of lawyers in those cases.

But now the Legal Services Act allows the Disciplinary Tribunal to restrict the practising certificate of an offender and fines of up to $50,000 can be imposed. The tribunal can also issue reprimands or be advised on future conduct.

McKie added that the Legal Services Act also mandated continuing legal education in the profession.

“Not only must the programme address our many unique and bespoke laws, but it must be able to deliver it to our 1,200 resident attorneys, and to articled clerks, and to those hundred or more non-resident attorneys to be generally admitted at affiliated law firms and, presumably, to the hundred or so non-resident attorneys with limited admission.”

But McKie added he was confident that, whatever problems the profession and the Legal Services had to face, “experience has shown that we will be more than able to meet them.”

McKie said that Cayman’s higher courts had delivered 256 judgments in 2025, with 109 of them in the financial services division of the Grand Court.

There were 62 judgments, including appeals from Summary Court, handed down by the criminal division.

The Court of Appeal handled 20 civil cases and 11 criminal cases. Nine civil cases went to London’s Privy Council, Cayman’s final court of appeal.