Questions

Question 1

How can a disciplinary committee of the Jersey Law Society deal with a complaint referred to it under Article 22? (4 marks)

Answer 1

• ‘Law Soc of J takes any complaint made vs member seriously, investigates it fully & ensures that the appropriate disciplinary action is taken in cases where a member’s performance is found to have fallen short of Law Soc of J’s standards.’
• Disciplinary regime -The Law Soc of J Law 2005, Part 3. Upon receipt of complaint, President of the Law Soc establishes disciplinary committee, unless satisfied complaint either unrelated to professional misconduct or is frivolous, vexatious or trivial. Disciplinary committee 2 lay members of disciplinary panel & a member of Law Soc who is on the panel. Committee chaired by 1 of lay members, sits in private & gives both complainant & practitioner right to be heard, to call evid & cross-examine Ws (RC said Adv duty to cooperate promptly, openly & fully (see Re An Advocate [2003]. AG right to be heard & Bâtonnier practitioner Adv or President of the Chambre des Ecrivains re solicitor. Before it reaches determination committee may refer complaint to mediator (The Law Soc of J Law 2005, Art 22). Unlikely mediation wld be appropriate where serious complaint concerned.
• Committee can:

1. dismiss complaint,
2. find professional misconduct proved & administer either a private rebuke or a public reprimand, or
3. make no finding & refer matter to AG.

Question 2

Who has a right of appeal to the RC against a decision of a disciplinary committee? (3 marks)

Answer 2

• Committee can:
  
  • dismiss complaint,
  • find professional misconduct proved & administer either a private rebuke or a public reprimand, or
  • make no finding & refer matter to AG.
• 1st 2 situations, right of appeal to RC vs determination (The Law Soc of J Law 2005, Art 24).
• Where RC upholds appeal by complainant or confirms finding of prof misconduct & considers rebuke or reprimand inadequate, may fine practitioner, suspend him from practice for up to 6 mths or order name removed from the roll (The Law Soc of J Law 2005, Art 26(8) e.g AG v Begg [2012] (fined £25,000).)
• AG right to refer complaint to RC by statute where President does not accept it or where a disciplinary committee referred it to him (The Law Soc of J Law 2005, Art 25) re lawyers who are not members of Society, as the partie publique.
• RC also has inherent jurisdiction to exert disciplinary control over its practitioners (The Law Soc of J Law 2005, Art 32).
• Re dispute b/w client & lawyer, or b/w lawyers, matter may be taken to Committee of Law Soc. Committee will endeavour to resolve matter informally, through conciliation or mediation. Lawyer not bound by any suggestion / recommendation which Committee may make.

Question 3

What are the powers of the RC if it either reverses a dismissal or confirms that a complaint is proved and amounts to professional misconduct? (6 marks)

Answer 3

• Where RC upholds appeal by complainant or confirms finding of prof misconduct & considers rebuke or reprimand inadequate, may fine practitioner, suspend him from practice for up to 6 mths or order name removed from the roll (The Law Soc of J Law 2005, Art 26(8) e.g AG v Begg [2012] (fined £25,000).)

Question 4

Who, if anyone, has a right of appeal against such a decision of the Royal Court and to who/what is the appeal made?