Disciplinary Process & Procedures

By 19/12/2017 Notices No Comments
  1. The Complainant shall present his/her complaint in writing against the lawyer in question to the Secretariat of the General Legal Council.
  2. A copy of the complaint may be given to the lawyer in question for his or her response.
  3. The lawyer in question must respond to the complaint within 14 days of receipt of the petition if the complaint is sent to him for his response.
  4. The lawyer’s response is then forwarded to the complainant for his or her comment.
  5. The complainant’s comment is also forwarded to the Secretariat of the General Legal Council for onward transmission to the lawyer for his or her further comments.
  6. The Disciplinary Committee of the General Legal Council may then invite the parties for the commencement of the preliminary hearing of the petition.
  7. At the preliminary enquiry stage, the complainant is required to be present with or without a lawyer.
  8. The Disciplinary Committee will then establish whether or not there is a prima facie case to be investigated.
  9. After the preliminary enquiry stage, there may or may not be the need to prefer charge (s) against the lawyer.
  10. If a prima facie case is established, Counsel for the Disciplinary Committee shall then prepare a formal charge.
  11. If the lawyer pleads not guilty to the formal charge, the Committee shall then set a date for a formal hearing or inquiry which takes the form of a trial even though the Committee is not a Court.
  12. The Panel comprises three members of the Committee with the Chairman/Acting Chairman presiding.
  13. At the formal hearing legal representation is allowed.
  14. Both parties are permitted to produce evidence if they have any which is usually on oath and are also allowed to cross-examine witnesses.
  15. Counsel for the complainant may only ask a few questions.
  16. When the hearings are brought to an end, the Panel will present their written decision on whether or not the charges preferred against the lawyer have been made out to the full Committee.
  17. The Disciplinary Committee will then debate its final ruling with respect to the sanctions to be imposed.
  18. The draft ruling may be discussed among the members of the General Legal Council, which is then finalized by the Disciplinary Committee.
  19. A date is then fixed for the ruling to be read to the parties.
  20. Sanctions imposed include formal written letter of reprimand, order for an oral or written apology, suspension or disbarment.
  21. A Lawyer has the right to appeal the decision to the Court of Appeal.