This is a
translation of the
Loi (1961) sur
l’exercice de la profession de droit à Jersey
(Chapter 07.315)
as in force on 1
January 2019
This is not an
authoritative translation of the Law. Whilst it is believed to be correct, no
warranty is given that it is free of errors or omissions or that it is an
accurate translation of the French text. Accordingly, no liability is accepted
for any loss arising from its use.
LAW (1961) ON THE EXERCISE OF THE
LEGAL PROFESSION IN JERSEY
A LAW to regulate the exercise
of the legal profession in Jersey
Article 1
In this Law, the words “qualified person” mean the Attorney General, the
Solicitor General, an Advocate of the Bar or a Solicitor of the Royal Court,
and the words “unqualified person” refer to a person other than a qualified
person.
Article 2[1]
(1) Any unqualified person who shall sign a summons or
institute in any manner whatever an action before the Courts of the Island
shall be guilty of a contravention of this Law:
Provided that the
provisions of this paragraph shall not apply to the litigant himself or
herself.
(2) Any unqualified person who presents to the Bailiff[2]
a contract between private persons, a power of attorney or administratelle[3],
shall be guilty of a contravention of this Law.
Article
3[1]
Any unqualified person who wilfully passes himself or herself off as a
person having qualifications which render that person fit to institute
proceedings or to give advice concerning the laws and customs of this Island or
who makes use of a name, title, or indication of a title or qualifications or
designation implying that such person possesses such qualifications shall be
guilty of a contravention of this Law.
Article 4
Any Advocate of the Bar or Solicitor of the Royal Court who wilfully
assists any unqualified person for the purpose of avoiding the provisions of
this Law shall be guilty of a contravention of this Law.
Article 5
Any person contravening this Law shall be prosecuted by the Attorney
General before the Inferior Number of the Royal Court and shall be liable to a
fine not exceeding £500 for each contravention and, in the case of a
contravention of Article 4, the Court may suspend the offender from practising[4]
for such period as the Court considers fit.
Article 6
Article 7
This Law does not derogate in any way from any other Law conferring on
an unqualified person the power to bring or defend a case or otherwise to act
in relation to proceedings.
Article 9
This Law may be cited as the Law (1961) on the Exercise of the Legal
Profession in Jersey.
[1] See The Law
Society of Jersey Law 2005, Article 17A(2) as regards a body recognized as
a legal services body by the Law Society.
[2] The Bailiff is referred to in this Law as the ‘Chef Magistrat’ –
see now Departments of the Judiciary and the Legislature (Jersey) Law
1965
[3] A council of
electors formed to appoint an administrator of property of a person absent from
the Island. Now defunct: see Royal Court Rules 2004 – Rule 4
[4] suspendre le contrevenant de ses fonctions
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