Form of application. Schedule, Form 5.
Notice of bearing.
Notices of objections.
Hearing of objections.
Dispersing with allendance.
Application of rules in Paris II and IV.
Order on application.
PART III.
APPLICATIONS AT THE INSTANCE OF A SOLICITOR HIMSELF.
18. (1) An application by a solicitor to procure his name to be removed from the roll shall be made by way of affidavit in Form in the Schedule.
(2) An affidavit made under paragraph (1) shall be sent to the Committee who shall thereupon appoint a Disciplinary Com- mittee under subsection (4) of section 10 of the Ordinance and forward such affidavit to the clerk.
19. (1) The Disciplinary Committee shall fix a day for the bearing and the clerk shall serve notice thereof on the applicant and the Society at least twenty-one days before the day fixed for the hearing.
(2) The Disciplinary Committee may require the applicant to give notice of his application and of the day fixed for the hearing by advertisement or otherwise, as they may direct.
20. If any person desires to object to the application, he sball give notice in writing to the applicant, the Society and the clerk at least seven days before the day fixed for the hearing. specifying the grounds of his objection.
21. If the objector appears on the day fixed for the bearing. and if the Disciplinary Committee are of opinion, after hearing the parties or either of them, that the notice of objection discloses a prima facie case for inquiry they may dispose of the same forthwith or they may adjourn the hearing and may give directions relating to the adjourned hearing, including directions as to the party on whom the burden of proof shall lie.
22. If no objection is made to the application, the Disci- plinary Committee may decide the same without requiring the attendance of the applicant.
23. The rules contained in Parts II and IV shall apply mutatis mutandis to the bearing of any application under this Part.
24. In respect of any application by a solicitor to procure his name to be removed from the roll, the Disciplinary Committee shall order either that the name of the solicitor be removed from the coll, or that the application be refused, and may make such order as to costs as they think fit
PART IV.
GENERAL
25. The Disciplinary Committee may at any stage of pro- ecedings against a respondent refer the case or any aspect thereof to the Committee and may adjourn the proceedings pending the consideration thereof by the Commillee so that the Committee may, if it so decides, take such further proceedings under rule 3 against the respondent or undertake on behalf of the original applicant the prosecution of his application.
26. Unless the Disciplinary Committee direct otherwise, no proceedings shall be withdrawn after they have been transmitted to the Disciplinary Committee pursuant to rule 4.
27. The Disciplinary Committee may of their own motion. or upon the application of any party, adjourn the hearing upon such terms as to costs, or otherwise, as the Disciplinary Com- mittee shall think ôt
28. In the case of an application in respect of an employee of a solicitor or an articled clerk, the Disciplinary Committee may on the application of any party or on their own motion order that any such application shall be heard prior to, in the course of concurrently with or subsequent to the hearing of any pro- ceedings under these rules against a solicitor, by whom the clerk is or was employed, or to whom the clerk is or was articled.
29. (1) If upon the hearing it shall appear to the Disci. plinary Committee that the allegations in an affidavit require to be amended, or added to, the Disciplinary Committee may permit the affidavit to be amended, or added to, in which case such affidavit shall be resworn.
(2) If in the opinion of the Disciplinary Committee, such amendment or addition is not within the scope of the affidavit, the Disciplinary Committee may require the same to be embodied in a further affidavit.
30. 1) Shorthand notes of proceedings may be taken by a person appointed by the Disciplinary Committee; and any party to the proceeding shall be entitled to inspect the transcript thereof. (2) The shorthand writer shall, if required, supply to the Disciplinary Committee and to any person entitled to be heard upon an appeal against an order of the Disciplinary Committee, and to the Committee, but to no other person, a copy of the transcript of such notes on payment of his charges.
Reference to Committee of Society.
Withdrawal of proceedings.
Adjournments.
Order of hearing proceedings.
Amending and Additional affidavits.
Shortband nates.