11
WEDNESDAY, MAY 6, 1992
WAS
THE
THE PANEL COMPRISED OVER 200 SOLICITORS. IF A COMPLAINT MADE TO THE LAW SOCIETY COUNCIL, AND THE COUNCIL CONSIDERED THAT PERSON'S CONDUCT REQUIRED INVESTIGATION, THEN THE COUNCIL MIGHT APPOINT A DISCIPLINARY COMMITTEE TO LOOK INTO THE CASE.
THE COMMITTEE, CONSISTING OF NOT LESS THAN THREE MEMBERS THE PANEL, INVESTIGATED THE COMPLAINT AND MADE SUCH ORDER AS THOUGHT FIT.
MR MATHEWS SAID THE SIZE OF THE PANEL MADE IT PERMIT CONSISTENCY OF APPROACH AND THE DEVELOPMENT OF DISCIPLINARY MATTERS.
OF IT
тоо LARGE TO EXPERTISE IN
IT PROVIDED
CLAUSE 5 OF THE BILL WOULD IMPROVE THIS PROCEDURE. FOR THE APPOINTMENT BY THE CHIEF JUSTICE OF A SOLICITORS DISCIPLINARY TRIBUNAL PANEL MADE UP OF UP TO 30 SOLICITORS OF OVER 10 YEARS' EXPERIENCE AND 10 MEMBERS OF THE PUBLIC.
MR MATHEWS SAID THE SIZE OF THE PANEL WOULD PROMOTE CONSISTENCY AND EXPERIENCE IN DISCIPLINE MATTERS.
IF THE LAW SOCIETY COUNCIL CONSIDERED A COMPLAINT AGAINST A SOLICITOR, TRAINEE SOLICITOR, OR A SOLICITOR'S EMPLOYEE SHOULD BE INVESTIGATED, A SOLICITORS DISCIPLINARY TRIBUNAL WOULD BE SELECTED FROM THE PANEL.
MEMBER, DISCIPLINARY ΤΟ $500,000
THE TRIBUNAL, CONSISTING OF TWO SOLICITORS AND ONE LAY WOULD INVESTIGATE THE COMPLAINT, AND WOULD HAVE EXPANDED POWERS INCLUDING THE POWER TO IMPOSE A PENALTY OF UP AGAINST A SOLICITOR.
+
IN AN AMENDMENT UNRELATED TO DISCIPLINE, CLAUSE 27 OF THE BILL WOULD PERMIT THE LAW SOCIETY COUNCIL TO ORGANISE AND ADMINISTER ITS AFFAIRS MORE EFFICIENTLY.
THE COUNCIL WOULD BE ABLE TO DELEGATE ITS FUNCTIONS OTHER THAN ITS RULE-MAKING POWER TO ANY PERSON OR TO A COMMITTEE OF THE COUNCIL, THEREBY ENABLING IT TO CONCENTRATE UPON STRATEGIC AND OTHER MAJOR ISSUES, LEAVING OTHER PERSONS OR COMMITTEES TO CARRY OUT MANY OF THE ADMINISTRATIVE FUNCTIONS PRESENTLY CARRIED OUT BY THE COUNCIL.
MATHEWS ABOUT A
TURNING TO DISCIPLINARY PROCEDURES FOR BARRISTERS, MR SAID PRESENTLY, IF A COMPLAINT WAS MADE TO THE BAR COUNCIL BARRISTER'S CONDUCT, THE ATTORNEY GENERAL OR THE BAR COUNCIL MIGHT APPLY TO THE CHIEF JUSTICE TO APPOINT A COMMITTEE OF INQUIRY.
IF THE CHIEF JUSTICE WAS SATISFIED THAT THE APPOINTMENT' JUSTIFIED, A COMMITTEE WOULD BE APPOINTED. IN DUE COURSE, COMMITTEE WOULD SUBMIT ITS REPORT, INCLUDING ITS FINDINGS OF FACT LAW, TO THE REGISTRAR OF THE SUPREME COURT.
WAS
THE
AND
IF THE COMMITTEE CONSIDERED THAT A PRIMA FACIE CASE OF MISCONDUCT HAD BEEN MADE OUT, IT HAD TO SEND A FURTHER COPY OF THE REPORT, A TRANSCRIPT OF EVIDENCE AND ANY EVIDENTIARY DOCUMENTS TO CHIEF JUSTICE.
THE
/WHERE A