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Home Student Chapter/Articled Clerks Model Articled Clerk Guidelines

Model Articled Clerk Guidelines

The Caymanian Bar Association has prepared Model Articled Clerk Guidelines which sole practitioners and/or law firms may use in providing Articles of Clerkship to Articled Clerks in the Cayman Islands. 

Introduction

The purpose of the Guidelines is to ensure that Articles of Clerkships provide Articled Clerks supervised experience in legal practice through which they can refine and develop their professional skills.

The key training requirements are that Articled Clerks must:

  • (a) be paid a salary;
  • (b) gain practical experience in various areas of law, including opportunities to develop their skills in both contentious and non-contentious work. If your organisation cannot offer this range of experience, you must arrange for a secondment for the Articled Clerk to gain the relevant experience. Alternatively, you may wish to consider offering a modular Articles of Clerkship jointly with another organisation;
  • (c) be given opportunities to develop the skills they will need in practice so as to meet the skills standards;
  • (d) be closely supervised by qualified attorneys or others with the appropriate experience in Cayman Islands law; and
  • (e) receive regular feedback and appraisals throughout their training with formal appraisals during the Articles of Clerkship.

The training principal of an Articled Clerk must be an attorney-at-law who has been in continuous practice as a legal practitioner in any court in the Commonwealth for a period of at least five years (at least two of which have been in the Cayman Islands).

The Attorney-General may, where in his opinion any person in the legal or judicial departments of the public service is performing duties which are mainly legal in nature, certify that the period spent in performing such duties shall, for the purposes of this Law, be equivalent in all respects to a similar period spent in the service of an attorney-at-law under articles and such certificate shall take effect according to its tenor.

The training principal shall not, without the approval of the Attorney-General, have in his service more than two articled clerks at the same time, provided that the Attorney-General and, with the special leave of the Attorney-General, the Clerk of Court may have, in their respective service, up to four articled clerks at the same time.

The training principal must fully understand the training requirements. The training principal ensures that anyone involved in the supervision of Articled Clerks has adequate legal knowledge and supervisory experience or training and that Articled Clerks receive regular feedback and performance reviews including at least three appraisals during the Articles of Clerkship. The training principal can delegate these responsibilities to others, but the Articled Clerk must be informed of this.

At the completion of the term of Articles (which is usually 18 months), the training princiapl certifies that the term of Articles served by the Articled Clerk satisfies the requirements of the Legal Practitioners (Student) Regulations (2012 Revision) and that the Articled Clerk is a fit and proper person to be admitted as an attorneys-at-law ...   

Download the Guidelines.