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FRIDAY, APRIL 24, 1992
A
EMPOWERED SOLICITOR'S
BE IT IS ALSO PROPOSED THAT THE LAW SOCIETY COUNCIL TO REQUIRE PRODUCTION OF DOCUMENTS WHEN INVESTIGATING FITNESS TO PRACTISE.
IF THE COUNCIL CONSIDERS THAT THE SOLICITOR MAY BE UNFIT TO PRACTISE, IT SHALL REFER THE MATTER TO THE TRIBUNAL AND MAY SUSPEND THE SOLICITOR FROM PRACTICE PENDING A DECISION OF THE SOLICITORS DISCIPLINARY TRIBUNAL.
WHERE THE COUNCIL RECEIVES A COMPLAINT AND CONSIDERS THAT THE
SHOULD CONDUCT OF A SOLICITOR
BE INVESTIGATED, THE COUNCIL SHALL SUBMIT THE COMPLAINT TO THE TRIBUNAL.
IF THE COUNCIL DOES NOT SO REFER COMPLAINANT MAY APPLY TO THE CHIEF JUSTICE TO THE TRIBUNAL.
THE COMPLAINT, SUBMIT
THE
THE MATTER TO
WHEN THE TRIBUNAL RECEIVES A COMPLAINT FROM THE COUNCIL OR THE TWO CONSISTING OF CHIEF JUSTICE, A SOLICITORS DISCIPLINARY TRIBUNAL SOLICITORS AND ONE LAY PERSON SHALL BE APPOINTED
INVESTIGATE THE
COMPLAINT.
ΤΟ
AFTER COMPLETING ITS INVESTIGATION, THE TRIBUNAL WILL HAVE POWER, IN ADDITION TO EXISTING POWERS TO SUSPEND ALLOW THE SOLICITOR TO PRACTISE SUBJECT TO CONDITIONS.
OR
STRIKE
OFF,
TO
THE MAXIMUM PENALTY THAT THE TRIBUNAL CAN IMPOSE WILL BE INCREASED TO $500,000 FROM $50,000.
THE TRIBUNAL WILL HAVE THE POWER TO ORDER THE SOLICITOR TO REPAY THE FEES AND EXPENSES CHARGED TO THE COMPLAINANT.
THERE ARE PROVISIONS FOR AN APPEAL FROM A DECISION OF THE TRIBUNAL TO BE HEARD IN OPEN COURT BY THE COURT OF APPEAL.
SIMILAR
PROPOSED.
DISCIPLINARY
PROCEDURES
FOR
BARRISTERS HAVE BREN
THE CHIEF JUSTICE WILL APPOINT A BARRISTERS DISCIPLINARY TRIBUNAL PANEL CONSISTING OF NOT MORE THAN SIX QUEEN'S COUNSEL, SIX PRACTISING BARRISTERS, AND FIVE LAY PERSONS.
WHEN THE TRIBUNAL RECEIVES A COMPLAINT FROM THE BAR COUNCIL CHIEF JUSTICE, A BARRISTERS DISCIPLINARY TRIBUNAL CONSISTING OF QUEEN'S COUNSEL, A BARRISTER AND A LAY PERSON, SHALL BE APPOINTED INQUIRE INTO THE COMPLAINT.
OR
ONE
TO
THE BARRISTERS DISCIPLINARY TRIBUNAL WILL HAVE POWERS TO
ORDER IMPOSE A MAXIMUM PENALTY OF $500,000 AND
THE PAYMENT TO THE COMPLAINANT OF THE AMOUNT PAID TO THE BARRISTER
IN RELATION TO THE COMPLAINANT'S MATTERS IN DISPUTE.
AN APPEAL FROM A DECISION OF THE BARRISTERS DISCIPLINARY TRIBUNAL SHALL BE HEARD IN OPEN COURT BY THE COURT OF APPEAL.
THE BILL WILL BE INTRODUCED INTO THE MAY 6 THIS YEAR.
LEGISLATIVE COUNCIL ON
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