Law of Jersey - Jersey Legal Profession

Jersey Legal Profession

The Jersey legal profession has three types of Jersey-qualified lawyers - Advocates, Solicitors and Notaries Public. Advocates have rights of audience to represent clients in all courts. Jersey solicitors have no general rights of audience. Notaries have no rights of audience. The Law Society of Jersey is the professional body responsible for professional conduct. Notaries are regulated by the Faculty Office of the Archbishop of Canterbury through the Dean of the Arches, referred to as the Master of the Faculties, who is normally an English QC.

Some law firms focus on legal practice relating to Jersey's finance industry, the largest being: Appleby; Bedell Cristin; Carey Olsen; Mourant Ozannes; and Ogier, all of which are regarded as part of the "offshore magic circle". Smaller firms and sole practitioners also provide a wide range of legal services. Several law firms now have offices in both Jersey and Guernsey but the legal professions of the two islands are separate, as they are separate from those in England, Wales and Scotland. Most notaries in Jersey are employed by, or are partners in, local firms of Jersey Advocates or Solicitors, although some are in English solicitors firms or practising purely as notaries, independent of the general legal profession. There is a local Jersey Notaries Society.

The Law Officers of the Crown are responsible for criminal prosecution work and for providing legal advice to the Crown, ministers and other members of the Assembly of the States of Jersey. The Attorney General and his deputy, the Solicitor General, are non-voting members of the States Assembly.

The process of qualifying as a Jersey lawyer is regulated by the Advocates and Solicitors (Jersey) Law 1997 and is similar for both advocates and solicitors. Since 2009, candidates for the Jersey law examinations are required to enrol on the Jersey Law Course run by the Institute of Law, Jersey. They are required to take five compulsory papers: (i) Jersey legal system and constitutional Law; (ii) Law of contract and the law relating to security on moveable property and bankruptcy; (iii) testate and intestate succession; law of immoveable property and conveyancing; and civil and criminal procedure. In addition, candidates must take one of three option papers: (i) company law; (ii) trusts law; or (iii) family law.

The admission of lawyers as Notaries in Jersey is governed by an order of the Master of the Faculties. It is necessary to show that a prospective Notary has been in actual practise in Jersey as a Jersey-qualified Advocate or Solicitor for a period of 5 years and is required to pass an examination in Notarial Practice. The Master does however retain a discretion to admit those who are not so qualified "...in appropriate circumstances".