Business Plan 2014 – 2017
Introduction
The Law Society of Jersey was first established in 1899. However, it was not until
1 January 2007 when The Law Society of Jersey Law 2005 came into force that
the Society assumed statutory regulatory powers for the legal profession in
Jersey.
Purpose
Since 2007, the Society has been through a period of significant transition in
moving from a representational role to one in which it has statutory
responsibilities for oversight of the conduct of Advocates and Solicitors of the
Royal Court. Further evolution of the Society’s statutory and regulatory
responsibilities is expected during the course of the next business plan period.
The Law Society of Jersey is the statutory regulatory body for
Advocates and Solicitors of the Royal Court of Jersey. Established in
1899, its purpose is to support and represent its members,
promoting the highest standards of professional conduct and the
rule of law.
In traversing this dual role, the Society can correctly be described as both the
‘champion’ and ‘conscience’ of the profession.
This business plan builds on the Society’s first plan, running from 2008, and
which has provided a framework from which this new plan has been developed,
assessing and reflecting upon the progress made and creating a framework for
achievement over the next four years, crystallising the Society’s position as an
effective regulator of legal services and as the voice of the legal profession in
Jersey.
Mission
The Mission of The Law Society of Jersey is to:
(i)
(ii)
(iii)
(iv)
Represent and regulate the legal profession in Jersey so
as to promote high standards of practice;
Maintain and promote the highest professional
standards and conduct;
Safeguard clients in the public interest; and
Act as the voice of the legal profession
Statutory Objects
Professional Principles
The objects1 of The Law Society of Jersey are:
Members of the Society are required to adhere to The Law Society’s Code of
A.
To encourage and promote the upholding of the rule of law.
B.
To promote high standards of professional conduct among
Conduct2, the key tenets of which are captured in five ‘professional principles’
governing expected behaviour and conduct.
practitioners.
C.
To regulate, foster and protect the interest of its members and
the practice of law in Jersey.
D.
To encourage and promote the study of law.
E.
To make representations as appropriate on any matter affecting:(i)
the administration of the law, the judicial system or the
legal profession;
(ii)
civil rights or liberties or matters of public interest; or
(iii)
the enactment of legislation or the review or reform of
existing laws; and
F.
To do everything that is reasonably, incidental or conducive to the
attainment of those objects.
Professional Principles





1
2
Article 8, The Law Society of Jersey Law 2005
The Law Society of Jersey, Code of Conduct
Act with independence and integrity
Maintain proper standards of work
Act in the best interests of clients
Comply with duty to the court
Maintain confidentiality
actions, necessitate the implementation of a robust visit programme by the
Who we are and what we do
Society.

Membership of the Society is divided into Ordinary Members, Retired
Members and Associate Members.
o
All Advocates and Solicitors of the Royal Court who practise Jersey Law,
other than Crown Officers and qualified Jersey lawyers employed by the
Law Officers’ Department are required to maintain Ordinary
Membership of the Law Society.

o
The Law Society of Jersey is the representative body of Advocates and
may maintain Associate Membership.
Ecrivains of the Royal Court. It was incorporated, with effect from 1 January
o
2007, under The Law Society of Jersey Law 2005, as, amongst other things,



As at 1 September 2013, there were 305 Ordinary Members, 14 Associate
The Society has a dual role in representing the interests of, and supporting,
Members and 6 Retired Members. Members pay subscriptions based on
its members, while regulating activity in the public interest.
category of membership. Membership numbers have risen sharply in recent
Regulation is currently based on adherence to key professional principles
years, more than doubling over the last decade.
within a Code of Conduct, with enforcement through statutory-based

Members who have retired from practice may maintain Retired
Membership.
the statutory regulatory body for Advocates and Solicitors of the Royal
Court.
Qualified Advocates and/or Solicitors who do not practise Jersey Law

The activities and responsibilities of the Society are overseen by a
disciplinary procedures.
Committee (supported by three Sub-Committees), and largely executed
No formal supervision of compliance with standards or authorisation of
through a small executive team, headed by a Chief Executive Officer (see
practitioners is currently undertaken, with breaches of the Code of Conduct
‘How we are organised’).
generally identified through complaints and reporting failures (e.g.

The objects of the Society are set out in Article 8 of The Law Society of Jersey
Continuing Professional Development compliance). No regulatory visits to
Law 2005 as detailed above. The objects create the operating framework for
firms or individuals are made by the Society. As such, the regulatory regime
the Society, underpinning agreed strategic objectives.
may be considered to be ‘light touch’, with a reliance on self-certification

The Society operates in accordance with The Law Society of Jersey Law 2005
Regulation of
(as amended) and The Law Society of Jersey Bye-Laws 2007 (as amended).
adherence by law firms to Anti Money Laundering provisions (which includes
Eligibility to practise as an advocate or solicitor (and thus membership of the
a visit/inspection programme) is currently undertaken by the Jersey Financial
Society) is defined within the Advocates and Solicitors (Jersey) Law 1997. Its
Services Commission. Full or partial assumption of this responsibility, which
disciplinary function is subject to The Law Society of Jersey (Disciplinary
is expected during the course of this business plan, may, amongst other
Proceedings) Rules 2010 (as amended).
and matters brought to the attention of the Society.
How we are organised

The administration of the Society is undertaken in accordance with Part 2 of
The Law Society of Jersey Law 2005 through a Committee structure. The
Law Society Committee is elected by members at its Annual General Meeting
from amongst Ordinary Members of the Society.

Elected officers are the President, Secretary, Treasurer and Librarian. Four
Ordinary Members also sit as members of the Committee. The Bâtonnier
(elected by Advocate Members) and the President of the Chambre des
Ecrivains (Elected by Solicitor Members) sit on the Committee on an exofficio basis.

The administration of the Society is supported by a small executive team.
Since 2008, the Society has employed a Chief Executive Officer. Until 2013,
this role had been undertaken on a part time basis by a Jersey qualified
lawyer. The role is now full time and is held by a non-lawyer.


The Society acquired office premises in March 2013, providing a base for the
CEO and Registrar (see below) and which provides public access to the
Administrator) act as Clerks to the Disciplinary Panel on a retainer basis.

Society.

elect fellow members to undertake the following responsibilities:
o
Bâtonnier (Advocates only)
President and Committee. This role is part-time. The postholder largely
o
President of the Chambre des Ecrivains (Solicitors only)
o
Members of Board of Examiners
Treasurer, to facilitate smooth discharge of these honorary functions.
o
Lawyer members of the Disciplinary Panel
In relation to disciplinary matters, the Society is recruiting on a part time
o
Members of the Rules Committee
basis, a Registrar to manage the complaints process in relation to allegations
of misconduct by members.

In addition to Officials and Committee Members, Members of the Society
The Society employs an Executive Administrator to support the CEO,
undertakes the day-to-day responsibilities of the Society’s Secretary and

To support disciplinary committees, two individuals (including the Executive
It is
intended that the Registrar will take over the decision-making process from
the President and the requisite amendments to the Law have been
requested but are not expected to be effected until 2014.
The Committee may appoint Sub Committees, without reference to the
membership, to manage specific issues or workstreams, on behalf of the
This role will replace the use of case delegates, who have been used since
the Society assumed responsibility for the discipline of members.

Society.
Strategic Objectives

The Society has agreed six Strategic Objectives, the purpose of which is to:
o Define activity in support of the Society’s statutory objects
o Enhance the Society’s external positioning and reputation
o Improve the level of engagement with, and support of, its members.

Notwithstanding substantive progress during the lifetime of the 2008 Plan,
THE LAW SOCIETY OF JERSEY
STRATEGIC OBJECTIVES
limited progress was made in some fundamental areas, consequent, in part,
upon resource constraints, changes in the external environment and the lack
from government and judicial interference and to represent the
significance to the profession (e.g. the funding and structure of Legal Aid),
interests of members and their firms to government and other official
although the recent establishment of the Jersey Access to Justice Group by
bodies on key issues.
2.
While the Strategic Objectives, which guide the principal activities of the
Society, generally remain valid, this plan details the specific activities and/or
needed to preserve or improve the Society’s position and/or where
3.
To promote excellence in the practice of law in Jersey and advance the
study of Jersey Law.
4.
continued attention and resources are required to maintain the momentum
and progress in key initiatives.
To promote and protect the interest of the legal profession and its
members in Jersey.
areas of focus where the greatest benefits can be achieved, where change is

To ensure the independence in thought and action of the profession
of engagement by some stakeholders (notably Government) on key issues of
the Chief Minister represents an important step forward.

1.
To provide effective regulation and disciplinary and other matters and
to uphold the standards of the legal profession in Jersey.
5.
To communicate effectively with the Society’s internal and external
This plan also benefits from the opinions of members expressed through a
stakeholders and to encourage participation in the business of the
survey undertaken in late 2012. Specific and targeted actions need to be
Society by those stakeholders.
identified and closely monitored to ensure that objectives are achieved or
6.
To consider legislation promulgated by the government of the Island of
substantive progress maintained during the lifetime of the new business
Jersey and to lobby for appropriate and necessary amendment to
plan.
protect the interests of the profession and its clients
So what have we achieved against our objectives?

The disciplinary process has been subject to review, since its introduction as
part of the new structure for the Society, based on application of the process
Update on progress since 2008
and experience to date. Changes in the law, to include the appointment of a

Work has commenced in developing a strategy for ongoing liaison with the
Government and other official bodies. A strong relationship has now been
Registrar, are in train, to further improve the process.

forged with the Chief Minister’s department, Senator Gorst having now
implemented successfully. Clients are now able to request the adjudication
assumed responsibility for oversight of legal services, which includes the
or mediation of fees via the Law Society, although practitioners are not
relationship with the Law Society. These links will be further developed
currently obliged to agree to a matter being subject to adjudication or
going forward.

mediation.
After a number of attempts by the Law Society to secure a review of Legal

Aid, the Chief Minister has established a working group to look at Access to
public on legal aid and the contribution that our members make to Jersey
Society, whose representatives form an integral part of the working group.
The Society’s operational and management infrastructure has been
enhanced. The Society now has an office in St Helier and has appointed a
The Society now takes a more proactive approach to media enquiries, which
is having a positive effect, particularly as we look to educate the general
Justice, which will include a review of Legal Aid. This is a positive step for the

A process for dealing with fee complaints was introduced and has been
society and the economy.

We continue to work well with the Institute of Law to support the practice of
law and the value of the legal profession.
full time Chief Executive. There remains considerable work to be done, but
good progress was made towards the end of the plan period.

We have improved the communications infrastructure with the launch of a
new website and developments such as the newsletter to enhance
engagement with members.
This will be further developed over the
forthcoming period.

With the introduction of AML responsibilities, briefings were provided to
firms. We are now embarking on the next phase which will potentially see
the Law Society assume responsibility for the regulation of firms in this area.
This will be a material activity for the Society going forward.

Continuing Professional Development requirements were implemented in
2010. Completion of CPD is now incorporated as a requirement under the
Code of Conduct.
In summary, while good progress has been made against the objectives the
Society set itself in 2008, there remains a considerable amount of work to be
done to enhance the support to members and in representing the interests of
the profession, while upholding the highest standards of professional conduct.
However, we now believe that we have the infrastructure, as well as the will, to
make it happen over the period of the forthcoming plan.
Business Plan Priorities


Improved representation of, and support for, members of The Law Society of
Jersey
The Law Society being recognised as the Voice of the Legal Profession in
Jersey
The Strategic Objectives detailed above provide the specific actions that need to
be undertaken, in discharging the Society’s Strategic Objects. By necessity, some
of the actions are ‘ongoing’ and will remain valid for the lifecycle of the plan. The
plan will be subject to a formal implementation plan.
The Business Plan is a living, working document, designed to prompt action and
activity, and monitor progress, during its four-year lifecycle. It should be
reviewed, formally, at least every six months, with appropriate adjustments and
additions made in the light of extent of progress, successes, failures, issues
encountered or changes in the external environment.
An effective plan embraces the key actions that the organisation needs to focus
on in support of its mission and underlying statutory objects.
This plan seeks to achieve the following:




The creation and maintenance of positive, effective and meaningful dialogue
with Government, the Community, and the General Public, to improve the
standing, reputation, influence and perception of the Law Society and the
legal profession in Jersey and the value of its contribution to the wider
community and economy.
Development of the Society’s regulatory credentials in relation to
professional conduct and adherence to international standards (e.g. Anti
Money Laundering)
Continue to make improvements to the administration and infrastructure of
the Society
Improvements in the operating environment for the profession through
changes in the Legal Aid scheme and other legislation which encourages and
supports the legal profession and its activities.
What we are planning to do – the key actions – 2014-17
2.
To promote and protect
the interest of the legal
profession
and
members in Jersey.
1.
To
ensure
the
1.
independence in thought
and
action
of
profession
the
from
government and judicial
interference
represent
and
interests
to
2.
of
members and their firms
3.
to government and other
official bodies on key
issues.
4.
Develop and implement strategy for ongoing
liaison with government and official bodies
including regular meeting programme with Chief
Minister, States Ministers, Bailiff, Judicial Greffier,
Attorney General, Magistrates, Police, CICRA,
CAB, Jersey Finance, Institute of Law and Other
Key Associations, Representative Organisations
and Stakeholders
Proactive consultation response process to
ensure views of profession courted and
presented on key matters.
Consider the establishment of user groups for
Royal Court and Court of Appeal. Use outputs
(including from Magistrates’ Court Focus Group)
to consider reform of, or improvement to, the
Courts system and process.
Maintain momentum on reform of Legal Aid to
ensure interests of profession are maximised and
positioning/rights maintained.
Priority Actions
2014 – 2015
2015 – 2016
2016 – 2017
Activities and deliverables
Improve Government/stakeholder relationships
Lead intellectual debate on reform of Legal Aid
Effect more pro-active membership consultations on key issues
for legal profession
Drive change in Legal Aid post States review
Establish user groups to enhance courts system and process
Implement and embed changes in Legal Aid system
its
1.
Maintain and enhance robust management
structure with adequate resources to facilitate
achievement of objectives and effective
representation of member interests.
2. Review of functions/roles/responsibilities of
Committees and individuals. Consider credit
scheme for contributions to profession/Society.
3. Enhance membership communication on
activities, committee decisions and outputs,
consultations and general industry developments.
4. Mitigate risks through implementation of
effective IT system, online archive of records and
disaster recovery processes
5. To consider improvements to legislative
framework to support the operational needs of
firms (e.g. LLPs) and promote/effect change.
6. Review potential for co-location of Legal Aid
office with Law Society office and Registrar
7. Implement effective and sustainable PR and
Marketing Strategy to enhance public information
and perception (contribution to island, legal aid,
impact on community) and member confidence
8. Review evolution of legal profession and
associated regulation/supervision in other
jurisdictions. Implementation of industry best
practice where appropriate (e.g. Regulation, Code
of Conduct, Discipline, Bye-Laws)
9. Review level of member support and consider
use/implementation of guidance or practice
notes and member/firm support infrastructure
(crisis management to assist in meeting
regulatory obligations and client service)
10. To consider formal accreditation of Law Society
by Lexcel or other accreditation body
Priority Actions
2014 – 2015
2015 – 2016
2016 – 2017
Activities and deliverables
Enhance Society’s operational and management infrastructure
Review Committee functions and roles
Review necessary changes to legislative framework
Develop member support activities/best practice guides
Consider firm support/crisis management infrastructure
Implement improvements to legislative framework (e.g. re LLP)
3.
To promote excellence in
1.
the practice of law in
Jersey and advance the
study of Jersey Law.
2.
3.
4.
5.
6.
7.
Develop and maintain effective relationship with
Institute
of
Law.
Consider
joint
initiatives/training events to present collective
and coherent vision on importance of excellence
in practice of law.
Ongoing liaison (IoL and JLIB) to ensure that legal
education meets current/future needs and
expectations for Jersey’s evolving business
environment.
Maintain Examination Board membership (rota to
be established if appropriate). Consider
appropriate system for incentives to members
Develop ongoing AML awareness training
programme in line with international standards.
Preparation for potential assumption of
supervision of firms (wholly or partially) by Law
Society.
Review of adequacy of CPD for profession.
Ongoing monitoring/audit of adherence.
To co-operate with existing practice groups such
as JPIMS, JFLA and external stakeholders such as
JFSC to sponsor/promote training programmes
Consider development of Student Member
category to encourage early participation in Law
Society and provide support to future lifeblood of
Society.
Priority Actions
2014 – 2015
2015 – 2016
2016 – 2017
Activities and deliverables
Enhance relationship with IOL (and develop joint initiatives)
Improve AML awareness and profile in profession
Review CPD infrastructure and adequacy
Ensure Examination Board membership maintained
Improve/develop relationships with practice groups
Consider potential for Student Member category
4.
To
provide
effective
1.
regulation and disciplinary
and other matters and to
uphold the standards of
2.
the legal profession in
Jersey.
3.
4.
5.
6.
Implementation
of
revised
disciplinary
procedures and changes in 2005 Law to reflect
appointment of Registrar. Ongoing review of
disciplinary process to ensure approach is robust
and sustainable.
Review inclusion of public sector lawyers in
professional standards/disciplinary procedures in
the public interest (in line with comparable
jurisdictions)
Conduct review of Code of Conduct and make
recommendations for revisions/reform. Consider
jurisdictional best practice on professional
standards.
To finalise and implement effective and
compliant system for oversight/governance of all
AML and related Regulation, in liaison with JFSC
and other stakeholders
Review regulatory approach to consider whether
it is sufficiently robust to stand up to scrutiny
(compared to approaches in other comparable
jurisdictions)
To review complaints process (non misconduct
related) to consider effectiveness of fee
complaints process (notably re adjudications) and
management of service complaints, including
consideration of mediation processes, in the
public interest (while being fair to practitioners).
Priority Actions
2014 – 2015
2015 – 2016
2016 – 2017
Activities and deliverables
Implement revised disciplinary process
Review Code of Conduct
Commence AML supervision review process
Examine scope of supervision of lawyers/firms and practising
certificate regime
Review complaints process (non misconduct)
Implement agreed AML supervision regime
Review efficacy of disciplinary regime
5.
To
communicate
effectively
Society’s
with
the
internal
and
external stakeholders and
1.
2.
to encourage participation
in the business of the
Society
by
stakeholders.
3.
those
4.
5.
6.
Regular communication (newsletter, website,
meetings) to members to improve membership
knowledge of and participation in the Society’s
activities.
Review approach re timing/location of general
meetings of Society and methods of
representation at general meetings
Further develop website and content to enhance
member and public awareness. Develop content
to include member-only accessible archive
information.
To review branding/identity for the Society
Consider the establishment of programme of
events to engage membership and to focus on
issues of importance to legal profession in Jersey
Develop communications strategies/protocol for
media enquiries
6.
To
consider
promulgated
appropriate and necessary
amendment
the
2016 – 2017
to
interests
protect
of
2.
To establish standing committees relating to
particular areas of law or practice to proactively
promote or consider proposed legislation before
it is passed whether referred to the Society for
consultation or otherwise
Proactive approach to, and encouragement of,
consultations and States propositions to provide
views of profession on key issues (of relevance to
profession).
the
profession and its clients
Priority Actions
2015 – 2016
2015 – 2016
the
of Jersey and to lobby for
Priority Actions
Activities and deliverables
Continue to enhance member/public communications
Further develop/populate website
Develop and implement media strategy
Consider development of events to enhance membership
engagement
Review meeting protocols and Bye Laws
Review adequacy of communications infrastructure and effect
improvements
by
1.
government of the Island
2014 – 2015
2014 – 2015
legislation
Activities and deliverables
Proactively respond to consultations and lobby for change for
benefit of legal profession
Consider and implement new committees/working groups on
areas of interest