The Disciplinary procedure
Who determines the complaint?
The complaint is decided by a Disciplinary Board. This Board will consist of one attorney and two lay members. The Disciplinary Board will invite the complainant and the attorney or firm to file any facts or evidence in support of their case and upon which they intend to rely. Any submissions by one party will be copied to the other party who may submit a response. Once these submissions are complete both the complainant and the attorney or firm will be invited (but are not required) to make oral submissions to the Disciplinary Board at a formal hearing.
The Disciplinary Board will issue a written decision. If the complaint is upheld there are a number of sanctions that can be applied. These are set out in the Rules of Disciplinary Procedure but range from a warning or reprimand to a fine or being struck off the Register either temporarily or permanently.
However the Disciplinary Board cannot make any order of financial compensation to the complainant, although it can award costs.
Normally the decision of the Disciplinary Board will conclude the matter. It is possible to file an appeal against the Disciplinary Board’s decision to an independent appeal board but that appeal will be limited to a review of the earlier decision and will not amount to a re-hearing of the case.