Lay members to be involved in lawyers disciplinary system

Lay members to be involved in lawyers disciplinary system

The Legislation Committee is proposing that a committee of legal practitioners and lay members should be responsible for the initial handling of complaints.

he Draft Law Society of Jersey Law will also incorporate the Society by statute as the professional association for Jersey advocates and solicitors.

urrently the Society has limited disciplinary controls, relying on members’ co-operation.

Complaints about professional misconduct are investigated by the Bâtonnier where the complaint concerns an advocate, or by the president of the Chambre d’Ecrivains if the complaint involves a solicitor.

If the complaint is substantiated the only options are a formal rebuke or referral to the Royal Court.

nder the new system the president of the Law Society will be able to refer complaints to the disciplinary committee of practitioners and lay members and, if the complaint is upheld, the committee may issue a public reprimand or private rebuke, or refer it to the Attorney General, who in turn may refer it to the Royal Court.

The court will have the power to fine or suspend the lawyer or remove his or her name from the roll of advocates or solicitors.

2318November2003

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