The Law Society of
Jersey Law 2005
A LAW to incorporate The Law Society
of Jersey; to provide for its administration and for the disciplinary control
of advocates and solicitors of the Royal Court; and for connected purposes.
Adopted by the
States 2nd November 2004
Sanctioned by
Order of Her Majesty in Council 9th February 2005
Registered by the
Royal Court 4th
March 2005
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“advocate”
means an advocate of the Royal Court;
“bye-laws”
means bye-laws made under Article 16 by The Law Society of Jersey;
“Committee” means the Committee of The Law Society of Jersey to which Article 10
refers;
“Committee member” means the President, Secretary, Treasurer, Librarian or any
other member of the Committee;
“disciplinary committee” means a disciplinary committee selected in accordance with Article 21(1);
“disciplinary panel” means the disciplinary panel to which Article 18
refers;
“Law Society” and “Society”
mean The Law Society of Jersey to which Article 2 refers;
“officer”,
in relation to the Law Society, means the President, Secretary, Treasurer or
Librarian;
“ordinary member” means a member of the Law Society to whom Article 4(1)
refers;
“practitioner” means an advocate or solicitor;
“practitioner of at least 10
years’ standing” means a person –
(a) who
is a practitioner; and
(b) who
has been a practitioner for at least 10 years, whether or not continuously;
“President” means the President of the Law Society to whom Article 10(2)(a)
refers;
“solicitor” means a solicitor of the Royal Court;
“special resolution” means a resolution that is passed by a majority of not fewer
than two-thirds of the persons who, being entitled to do so, vote in person or
by proxy;
“this Law”
includes the bye-laws.
(2) For
the purposes of this Law –
(a) in
the case of an election, a candidate has a simple majority if he or she
receives more votes than any other candidate; and
(b) in
the case of any other question arising for decision “a simple
majority” means the majority of the votes cast,
being in either case the votes of persons who, being entitled to do
so, vote in person or by proxy.
PART 1
THE LAW SOCIETY OF JERSEY
2 Incorporation
of The Law Society of Jersey
(1) On
the commencement of this Law, the association of persons now called The Law
Society of Jersey shall become a body corporate with perpetual succession and a
common seal and may –
(a) sue
and be sued in its corporate name; and
(b) so
far is as possible for a body corporate, exercise the rights, powers and
privileges and incur the liabilities and obligations of a natural person of
full age and capacity.
(2) The
name of the body corporate shall continue to be The Law Society of Jersey.
3 Membership
of the Law Society
(1) From
the commencement of this Law, the Law Society shall consist of –
(a) its
existing members; and
(b) each
person who subsequently becomes a member in accordance with this Law.
(2) No
person shall practise law as an advocate or solicitor unless he or she is an
ordinary member of the Law Society.
(3) A
person who contravenes paragraph (2) shall be guilty of an offence and
liable to a fine.
4 Classes
of members
(1) A
practitioner who intends to practise law and is not suspended from practice
shall be entitled, on his or her application, to be admitted as an ordinary
member.
(2) The
bye-laws may provide for other classes of members.
5 Termination
of membership
(1) A
person shall cease to be an ordinary member –
(a) on
resigning, by notice in writing delivered to the Secretary; or
(b) on
transferring, in accordance with the bye-laws, to any other class of membership
provided for in the bye-laws.
(2) A
person shall cease to be an ordinary member on ceasing to be a practitioner.
(3) The
bye-laws may provide for the termination of the membership of a person who is
not an ordinary member.
(4) The
bye-laws may prescribe the period of notice to be given by any member before his
or her resignation has effect.
6 Suspension
of membership
(1) While
an ordinary member is suspended from practice as an advocate or solicitor, his
or her membership of the Law Society shall be automatically suspended by
operation of this paragraph.
(2) The
bye-laws may provide –
(a) for
the suspension from membership of an ordinary member while any money is due by
the member under this Law to the Law Society; and
(b) for
the suspension from membership of a person who is not an ordinary member.
(3) A
person whose membership is suspended shall not be regarded as a member for the
purposes of this Law.
(4) Paragraph
(3) of this Article does not affect a person’s liability under Article 7(1).
7 Liability
of members
(1) A
person shall be liable to contribute towards the Law Society’s assets and
liabilities the amounts due by the person to it under this Law.
(2) However,
no one shall be liable, by reason only of being a member or former member of
the Law Society, to contribute any other amount personally to the assets and
liabilities of the Society.
8 Objects
of the Law Society
The objects of the Law Society shall be –
(a) to
encourage and promote the upholding of the rule of law;
(b) to
promote high standards of professional conduct among practitioners;
(c) to
regulate, foster and protect the interests of its members and the practice of
law in Jersey;
(d) to
encourage and promote the study of law;
(e) to
make representations, as appropriate, on any matter affecting –
(i) the
administration of the law, the judicial system or the legal profession,
(ii) civil
rights or liberties or matters of public interest, or
(iii) the
enactment of legislation or the review or reform of existing laws; and
(f) to
do everything that is reasonably incidental or conducive to the attainment of
those objects.
PART 2
ADMINISTRATION OF THE LAW SOCIETY
9 Meetings
of the Law Society
(1) The
Law Society shall hold an annual general meeting in every year.
(2) The
Law Society may hold other general meetings.
(3) At
a general meeting –
(a) each
ordinary member shall have one vote on each question arising for decision; and
(b) each
question shall be decided by a simple majority.
(4) Paragraph
(3) of this Article is subject to –
(a) the
provisions of Article 16(3) relating to an equality of votes on a
question; and
(b) Article 17(1)
(under which the power of the Law Society to make bye-laws is exercisable only
by special resolution).
10 The
Committee of The Law Society
(1) There
shall continue to be a Committee of The Law Society, which shall be the
executive body of the Law Society and shall administer its affairs in its name
and on its behalf.
(2) From
the commencement of this Law, the Committee shall consist of the following
persons –
(a) the
President of the Law Society;
(b) the
Secretary of the Society;
(c) the
Treasurer of the Society;
(d) the
Librarian; and
(e) such
other Committee members as the bye-laws may specify.
(3) The
President, the Secretary, the Treasurer and the Librarian are the officers of
the Law Society.
(4) A
person shall be eligible to be a Committee member if, but only if –
(a) he
or she is an ordinary member of the Law Society; or
(b) he
or she is a member of any other class, and the bye-laws provide that members of
that class are eligible to be Committee members.
(5) At
a meeting of the Committee –
(a) each
Committee member shall have one vote on any question arising for decision; and
(b) each
question shall be decided by a simple majority.
(6) Paragraph
(5) of this Article is subject to the provisions of Article 16(3) relating
to an equality of votes on a question.
(7) If
the number of persons who are Committee members is for the time being fewer
than 4, the Committee may only act for the purposes of having a vacancy filled.
(8) However,
the powers of the Committee are not otherwise affected by a vacancy in its
membership.
(9) The
Committee may appoint any of its members to exercise and perform the functions,
powers and duties under this Law of any officer while that officer is for the
time being unable to act.
(10) Subject
to the other provisions of this Law, the Committee may regulate its own
procedure.
11 Election
of Committee members
(1) The
members of the Committee shall be elected by the Law Society at an annual general
meeting.
(2) Unless
the bye-laws provide for a longer term of office, a Committee member shall hold
office until the annual general meeting next following the one at which the
member is elected.
(3) Unless
the bye-laws provide otherwise, a Committee member shall be eligible for
re-election.
(4) This
Article is subject to Article 12.
12 Vacation
of office
(1) A
Committee member shall cease to hold office –
(a) on
resigning, by notice in writing delivered to the Committee;
(b) on
ceasing to be eligible to be a Committee member;
(c) on
being suspended from practice as an advocate or solicitor;
(d) on
becoming bankrupt;
(e) on
the appointment of a curator of the member’s property and affairs under
the Mental Health (Jersey) Law 1969;[1]
(f) on
being received into guardianship under the Mental
Health (Jersey) Law 1969;[2] or
(g) on
being removed by the Law Society at a general meeting.
(2) If
a Committee member ceases to hold office before the expiry of the
member’s term, the Law Society may at a general meeting elect another
person to fill the vacancy.
(3) A
person who is elected to fill such a vacancy shall hold office, subject to the
other provisions of this Law, for the remainder of the term of the Committee
member whom he or she replaces.
13 Powers
of the Law Society
(1) In
furtherance of its objects, the Law Society may –
(a) enter
into contracts;
(b) acquire
property (gratuitously or onerously, or beneficially or on trust);
(c) dispose
of its property in any manner (gratuitously or onerously, beneficially or on
trust);
(d) create,
execute or perform trusts;
(e) operate
bank accounts;
(f) invest
in stocks, funds, shares, securities and other investments;
(g) borrow
or lend money, with or without having given or taken security;
(h) guarantee
the performance of obligations by other persons; and
(i) participate
in joint ventures with other persons.
(2) The
Law Society may provide for the payment of compensation to persons who suffer
or are likely to suffer loss or hardship in consequence of the fault of a member
or of a partner or employee of a member of the Society.
(3) The
Law Society may –
(a) provide
and maintain a law library; and
(b) publish,
sell and distribute books, pamphlets, papers and other information for the
purposes of stimulating interest in and promoting its objects.
(4) In
furtherance of its objects, the Law Society may retain the services of any
person (whether or not a member) and employ staff on such terms and conditions
(including provision for pensions or gratuities) as it may agree.
(5) The
Law Society shall have such other powers as are reasonably necessary for or
incidental to the attainment of its objects.
14 Application
of assets
(1) The
assets and income of the Law Society may be applied only in furtherance of its
objects, or for such other purposes as are for the time being authorized or
required by any enactment or rule of law.
(2) The
assets and income of the Law Society shall not be distributed directly or
indirectly amongst its members without the prior approval of the Royal Court.
(3) Paragraph
(2) does not apply to the payment of remuneration by the Law Society to any of
its members for services rendered by the member to it at its request.
15 Accounts
(1) The
Committee shall keep full and accurate accounts of all money received and spent
by the Law Society, and of its assets and liabilities.
(2) The
accounts shall give a fair view of the Law Society’s affairs and explain
its transactions.
(3) The
bye-laws may provide for the auditing of the Law Society’s accounts.
16 Bye-laws
(1) The
Law Society may make bye-laws for the internal management of its affairs.
(2) In
relation to the membership of the Law Society, the bye-laws may provide for the
following matters –
(a) classes
of members other than ordinary members;
(b) the
duty of a member to inform the Society if he or she ceases to be or is
suspended from practice as an advocate or solicitor, or ceases to practise as
an advocate or solicitor;
(c) the
setting of annual subscriptions to be paid to the Society by classes of
members;
(d) the
setting of levies to be paid to the Society by ordinary members;
(e) the
suspension from membership of an ordinary member while any money is due by the
member to the Society under this Law;
(f) the
termination and suspension of the membership of persons who are not ordinary
members; and
(g) the
service of documents on members by any means other than personal service and
the conclusiveness or otherwise of any such means of service as proof that it
has been effected,
and must provide that ordinary members shall be required to maintain
adequate insurance cover, in amounts to be determined by or under the bye-laws
according to the nature of their practices, against professional liabilities
arising from practice.
(3) In
relation to general meetings of the Law Society and the meetings of the
Committee, the bye-laws may provide for the following matters –
(a) when
they are to be held, the ways in which they shall be convened, business that is
to be transacted and notice that is to be given to members;
(b) quorums,
and the persons who shall preside;
(c) proxy
voting, by persons who are entitled to vote;
(d) in
the case of an equality of votes, the decision of a question by the casting
vote of the person presiding, or by lot;
(e) the
methods of voting to be used, and the recording and counting of votes
(including the conclusiveness of a count); and
(f) generally,
the regulation of the procedures to be followed.
(4) In
relation to the Committee, the bye-laws may provide for the following
matters –
(a) the
number of Committee members to whom Article 10(2)(e) refers;
(b) the
classes of members (other than ordinary members) who are eligible to be
Committee members;
(c) longer
terms of office of Committee members than those specified in Article 11(2);
(d) the
continuance of Committee members in office (notwithstanding the expiry of their
terms) until their successors take up office;
(e) circumstances
in which Committee members are or are not eligible for re-election;
(f) the
manner in which candidates for election as Committee members shall be
nominated;
(g) the
co-opting by the Committee of other persons as Committee members;
(h) the
appointment by the Committee of subcommittees, and the delegation by the
Committee of functions and powers to them;
(i) duties
of the Committee, Committee members and members of subcommittees; and
(j) generally,
the regulation of the way in which the Committee is to administer the affairs
of the Law Society.
(5) In
relation to the disciplinary control of practitioners, the bye-laws may provide
for the following matters –
(a) the
prescription or adoption of any code or rules of professional conduct or
etiquette; and
(b) the
issuing by the Committee of directives in writing that relate to the
professional conduct of practitioners and are binding on them.
(6) The
bye-laws may also provide –
(a) for
any other matter for which an Article provides that bye-laws may be made; and
(b) for
any other matters that are reasonably necessary for or incidental to the
purposes of this Law.
(7) The
bye-laws shall bind each member of the Law Society.
(8) This
Article is subject to Article 17.
17 Manner
of making bye-laws
(1) The
powers of the Law Society under Article 16 shall be exercisable only by
special resolution –
(a) at
an annual general meeting; or
(b) at
a general meeting that has been convened specially for the purpose.
(2) No
bye-law shall have effect unless and until it is approved by the Royal Court.
PART 3
DISCIPLINE
18 The disciplinary panel of
the Law Society
(1) There
shall be a disciplinary panel consisting of –
(a) 7
fit and proper persons, as lay members of the panel; and
(b) 4
ordinary members of the Law Society.
(2) The
lay members of the disciplinary panel shall be appointed by the States on the
recommendation of the Jersey Appointments Commission established with the
approval of the Act of the States dated 28th May 2002, after consultation by
that Commission with the Law Society.
(3) A
person shall be eligible for appointment to the disciplinary panel as a lay
member if, but only if, he or she –
(a) is
not an advocate or solicitor; and
(b) is
not admitted in any other jurisdiction as a legal practitioner.
(4) The
members of the disciplinary panel who are ordinary members of the Law Society
shall be appointed by the Society in general meeting.
(5) An
ordinary member of the Society shall be eligible for appointment to the
disciplinary panel if, but only if, he or she –
(a) is
in private practice; and
(b) is
a practitioner of at least 10 years’ standing.
(6) However,
Committee members, the Bâtonnier and the President of the Chambre des
Ecrivains shall not be eligible for appointment to the disciplinary panel.
19 Tenure
of members of disciplinary panel
(1) A
member of the disciplinary panel shall hold office for a term of 5 years to be
specified in the member’s appointment.
(2) The
member shall not be eligible for re-appointment.
(3) The
member may continue in office, after the expiry of his or her term, for the
purposes of completing any proceeding that the member has begun to hear.
(4) However,
a member of the disciplinary panel shall in any event cease to hold
office –
(a) on
resigning, by notice in writing delivered to the person or body by whom he or she
was appointed;
(b) on
ceasing (otherwise than by reason of paragraph (2)) to be eligible to hold
that office;
(c) if he
or she is an ordinary member of the Law Society, on being suspended from
practice as an advocate or solicitor;
(d) on
becoming bankrupt;
(e) on
the appointment of a curator of the member’s property and affairs under
the Mental Health (Jersey) Law 1969;[3]
(f) on
being received into guardianship under the Mental
Health (Jersey) Law 1969;[4] or
(g) on
being removed from office by the Royal Court, on grounds of misconduct proved
to its satisfaction.
(5) A
member of the disciplinary panel shall not be removed from office for any other
reason before the expiry of the member’s term.
20 Disciplinary
committees of the Law Society
(1) Three
members of the disciplinary panel, selected in accordance with Article 21(1),
shall constitute a disciplinary committee for the purposes of this Law.
(2) For
the purposes of dealing with a matter under this Law –
(a) all
3 members of a disciplinary committee constituted for that purpose shall sit;
and
(b) its
chairman shall preside,
but this paragraph is subject to paragraph (4).
(3) The
determination of any question before a disciplinary committee shall be
according to the opinion of the majority of its members.
(4) If –
(a) a
disciplinary committee has commenced dealing with a matter; and
(b) before
it determines the matter any member becomes unable to continue to act,
the other members may continue to deal with and determine the
matter, as long as their number is not fewer than two (of whom one is an
ordinary member of the Law Society and the other is a lay member of the
disciplinary panel).
21 Action
on receipt of complaints
(1) If
the Law Society receives a complaint alleging that a practitioner is guilty of
professional misconduct, the President shall promptly take the following action –
(a) if
the complaint is not made in writing, the President shall cause it to be stated
in writing;
(b) the
President shall then select from the disciplinary panel a disciplinary
committee consisting of 2 persons who are lay members of the disciplinary panel
and one person who is an ordinary member of the Society;
(c) the
President shall name as the chairman of the disciplinary committee one of the
lay members so selected;
(d) the
President shall then refer the complaint to the disciplinary committee; and
(e) the
President shall also send a copy of the complaint to the Attorney General.
(2) For
the purposes of paragraph (1)(a) –
(a) the
President may require the complainant to state the complaint in writing; or
(b) the
President may cause it to be stated in writing on the complainant’s
behalf,
as the President thinks fit, having regard to the
complainant’s circumstances.
(3) Notwithstanding
paragraph (1), if the President is satisfied that a complaint does not
relate to professional misconduct or is vexatious, frivolous or trivial, he or she
may refuse to appoint a disciplinary committee and to refer the complaint to
it.
(4) In
that event, the President shall promptly inform the complainant and the
Attorney General in writing of the decision, stating the reasons for the
refusal.
22 Consideration
of complaint by a disciplinary committee
(1) When
the President refers a complaint to a disciplinary committee, it shall consider
the matter promptly in accordance with this Article.
(2) The
disciplinary committee shall first send written copies of the complaint to the
following persons –
(a) the
practitioner to whom it relates;
(b) the
Bâtonnier, if the complaint relates to an advocate; and
(c) the
President of the Chambre des Ecrivains, if the complaint relates to a solicitor.
(3) The
disciplinary committee shall sit privately.
(4) The
disciplinary committee shall give the complainant and the practitioner an
opportunity to be heard, to call evidence and to cross-examine witnesses.
(5) The
disciplinary committee shall also give the following persons an
opportunity to be heard –
(a) the
Bâtonnier, if the practitioner is an advocate;
(b) the
President of the Chambre des Ecrivains, if the practitioner is a solicitor; and
(c) the
Attorney General.
(6) With
the consent of the complainant and the practitioner, the disciplinary committee
may at any time before the complaint is determined refer the matter to a
mediator appointed by it.
23 Determination
of complaint by a disciplinary committee
(1) Subject
to Article 22(6), the disciplinary committee shall on hearing a complaint
deal with the matter in one of the following ways, as it thinks
fit –
(a) by
dismissing it;
(b) if
it is satisfied that the complaint is proved and that it constitutes
professional misconduct by the practitioner, but that it can properly be dealt
with either by way of a public reprimand or a private rebuke, by so
reprimanding or rebuking the practitioner; or
(c) by
referring the complaint to the Attorney General without making a finding.
(2) The
disciplinary committee shall inform –
(a) the
complainant, the practitioner, the Attorney General and the Secretary; and
(b) the
Bâtonnier or the President of the Chambre des Ecrivains, if he or she has been heard on the matter,
in writing of its decision and reasons, but except in the case of a
public reprimand it shall not publish them in any other way.
(3) There
shall be a right of appeal, in accordance with Article 24, against a
decision of the disciplinary committee to which sub-paragraph (a) or sub-paragraph (b)
of paragraph (1) refers.
24 Appeals
against
decision of a disciplinary committee
(1) The
following persons shall have a right of appeal to the Royal Court under this
Law –
(a) a
complainant, against a decision by a disciplinary committee either to dismiss
the complaint or to deal with it either by publicly reprimanding or privately
rebuking the practitioner to whom it relates;
(b) the
Attorney General, against a decision to which sub-paragraph (a) refers;
and
(c) a
practitioner against whom a complaint is made, against a decision by a
disciplinary committee to publicly reprimand or privately rebuke the
practitioner.
(2) The
appeal shall be lodged within one month after the disciplinary committee
complies with Article 23(2), or within such further time as the Royal
Court may allow.
(3) On
hearing the appeal, the Royal Court –
(a) may
confirm or reverse the decision of the disciplinary committee; and
(b) make
any order as to the costs of the proceedings before the Royal Court that it
thinks fit.
(4) If
the Royal Court –
(a) reverses
a decision by a disciplinary committee dismissing a complaint; and
(b) although
satisfied that the complaint is proved and that it constitutes professional
misconduct by the practitioner to whom it relates, nevertheless considers that
a private rebuke or a public reprimand is an adequate sanction,
it may impose such a sanction on the practitioner to whom the
complaint relates.
(5) If
the Royal Court –
(a) reverses
a decision by a disciplinary committee dismissing a complaint; or
(b) confirms
a finding by a disciplinary committee that a complaint is proved and, being
satisfied that it constitutes professional misconduct by the practitioner to
whom it relates, considers that a neither a private rebuke nor a public
reprimand is an adequate sanction,
the Royal Court may deal with the matter in such of the ways
specified in paragraphs (8) and (9) of Article 26 as it thinks fit.
(6) The
practitioner and the Attorney General, but not the complainant, shall have a
right of appeal to the Court of Appeal against a decision or order of the Royal
Court under this Article.
25 Reference
of complaint by Attorney General to Royal Court
The Attorney General may refer to the Royal Court –
(a) a
complaint which the President has refused to refer to a disciplinary committee,
pursuant to Article 21(3); or
(b) a
complaint referred to the Attorney General under Article 23(1) by a
disciplinary committee.
26 Consideration
of complaint by Royal Court on Attorney General’s reference
(1) If
the Attorney General refers a complaint to the Royal Court, it shall hold a
hearing.
(2) At
the hearing, the Attorney General shall present the complaint to the Royal
Court.
(3) The
Royal Court shall give the Attorney General and the practitioner an opportunity
to be heard, to call evidence and to cross-examine witnesses.
(4) The
complainant shall be entitled to be present.
(5) With
the consent of the complainant and the practitioner, the Royal Court may at any
time before the complaint is determined refer the matter to a mediator
appointed by it.
(6) Subject
to paragraph (5), the Royal Court shall on hearing the matter decide
whether or not the complaint is proved.
(7) If
the Royal Court is not satisfied –
(a) that
the complaint is proved; and
(b) that
it constitutes professional misconduct by the practitioner,
it shall dismiss the complaint.
(8) If
the Royal Court is satisfied that the complaint is proved, and that it
constitutes professional misconduct by the practitioner, it may deal with the
matter in one of the following ways, as it thinks fit –
(a) by privately
rebuking the practitioner;
(b) by
reprimanding him or her publicly;
(c) by
imposing a fine on the practitioner;
(d) by
suspending him or her from practice as an advocate or solicitor for a specified
period not exceeding 6 months; or
(e) by
ordering that the name of the practitioner be removed from the roll of
advocates or solicitors, as the case may be.
(9) The
Royal Court may make any order as to the costs of the proceedings before the
Royal Court that it thinks fit.
(10) The
practitioner and the Attorney General, but not the complainant, shall have a
right of appeal to the Court of Appeal against a decision or order of the Royal
Court under this Article.
27 Investigation
of complaints
(1) For
the purposes of investigating a complaint against a practitioner –
(a) the
Committee of The Law Society may require the practitioner or a member of his or
her firm to produce or deliver to it any relevant documents in the
practitioner’s custody or control; and
(b) the
Committee may retain possession of those documents until its investigation and
any disciplinary proceedings that arise from the investigation are completed.
(2) A
person who, without lawful excuse, fails to comply with a requirement made by
the Committee under paragraph (1) shall be guilty of an offence and liable
to a fine.
(3) This
Article does not limit –
(a) a
right to decline to produce or deliver a document, to the Committee, on the
ground of legal professional privilege; or
(b) the
rule against self-incrimination.
(4) The
Committee shall not use a document obtained by it under this Article, or any
information obtained by the Committee in consequence of its production or
delivery under this Article, for any purpose except –
(a) the
investigation of the complaint; or
(b) the
purposes of any disciplinary or criminal proceedings that arise from the
complaint.
28 Powers
of disciplinary committees to take evidence
(1) A disciplinary
committee may, by notice in writing signed by the person presiding, require a
person –
(a) to
attend and give evidence before it in a matter on which it is proceeding; and
(b) to
produce to it any documents in the person’s custody or control that
relate to the subject matter of the proceedings.
(2) A disciplinary
committee may require a person to give evidence on oath or under affirmation,
and for that purpose any member of the disciplinary committee may administer an
oath or take an affirmation.
(3) A
person who, without lawful excuse –
(a) fails
to comply with a requirement made by a disciplinary committee under paragraph (1);
or
(b) on
being required to do so under paragraph (2), refuses to take an oath or
make an affirmation, or to give evidence,
shall be guilty of an offence and liable to imprisonment for a term
not exceeding 3 months, or to a fine not exceeding level 2 on the
standard scale,[5] or both.
(4) A
person giving evidence (on oath or otherwise), or appearing before a disciplinary
committee, shall have the same privileges and immunities as if he or she were
giving evidence in or appearing before a court of law.
(5) A
person who is required to attend and give evidence before a disciplinary
committee, or to produce or deliver a document to it, shall be reimbursed by
the Law Society for his or her reasonable expenses (including loss of earnings)
in doing so.
29 Recovery
of fines and costs
Any fine that is imposed on a practitioner under Article 24(5)
or Article 26(8), or costs that are awarded to the Attorney General under
this Part, shall constitute a debt due and payable to the States, and shall be
enforceable by the Treasurer of the States in the same manner as an order for
the payment of costs made by the Royal Court in a civil case.
30 Prohibition
of employment of practitioners removed from roll for misconduct, or suspended
(1) No
practitioner shall in connection with his or her practice employ, retain or
remunerate –
(a) a
person whose name has been removed from the roll of advocates or solicitors, on
grounds of misconduct, and has not been restored to that roll; or
(b) a
practitioner who is suspended from practice as an advocate or solicitor,
without the prior approval of the Committee and in accordance with
such conditions (if any) as it may specify in giving its approval.
(2) Before
it gives any approval under this Article, the Committee shall consult the
Attorney General.
(3) A
practitioner who contravenes paragraph (1) shall be guilty of professional
misconduct.
31 Protection
of persons acting in good faith
No person shall incur criminal or civil liability in respect of any
act or omission by the person in the exercise or intended exercise of any
disciplinary function conferred on him or her by or under this Part unless it
is proved that the act or omission was in bad faith.
32 Inherent
jurisdiction of Royal Court
Nothing in this Law limits the inherent jurisdiction of the Royal
Court to exercise disciplinary control over practitioners.
PART 4
OTHER PROVISIONS
33 Election
of the Bâtonnier
The ordinary members who are
advocates shall elect every 3 years one of their number as the Bâtonnier,
to be their head and to oversee the interests of the Bar.
34 Rules of Court
The power to make Rules of Court under the Royal Court (Jersey) Law 1948[6] shall include a power,
subject to the other provisions of this Law, to make rules regulating and
prescribing the procedures to be followed –
(a) by disciplinary
committees;
(b) on
references to the Royal Court by the Attorney General; and
(c) on
appeals to the Royal Court against decisions of disciplinary committees.
35 Availability
of bye-laws
(1) Article 3(1)
of the Official Publications (Jersey)
Law 1960[7] shall apply to bye-laws as
it applies to enactments mentioned in that paragraph and accordingly, as soon
as may be after such bye-laws are made, the Secretary shall transmit a
certified copy of them to the Greffier of the States.
(2) A
person may purchase a copy of the bye-laws on payment of a reasonable fee to be
fixed by the Committee.
36 Repeals
The following enactments
shall be repealed –
(a) Article 6 of the Loi (1961) sur
l’exercice de la profession de droit à Jersey;[8]
(b) Article 10 of the Advocates and Solicitors (Jersey) Law 1997,
and the Second Schedule and paragraph 7 of the Third Schedule to that Law.[9]
37 Transitional
provisions
(1) The
persons who constitute the Committee of The Law Society of Jersey immediately
before the commencement of this Law shall continue to constitute the Committee
as its members, subject to Article 12, until the Law Society first elects
Committee members under Article 11.
(2) Until
the Law Society at a general meeting appoints members of the disciplinary panel
under Article 18(4), the power of appointment of those members under that paragraph
shall be exercised by the Committee.
(3) Notwithstanding
Article 19(1), but subject to the other provisions of that Article, a
person appointed under paragraph (2) of this Article to be a member of the
disciplinary panel shall only hold office until the Law Society exercises its
power to make that appointment.
(4) Notwithstanding
the repeal of Article 10 and the Second Schedule of the Advocates and Solicitors (Jersey) Law 1997[10] by Article 36 of this
Law, if a complaint or other matter under Article 10 of that Law[11] is pending but has not been
determined before the commencement of this Law, it shall be determined as if
this Law had not been enacted.
38 Citation
and commencement
(1) This
Law may be cited as The Law Society of Jersey Law 2005.
(2) Except
as provided in paragraph (3), this Law shall come into force on such date
as the States may by Act appoint.
(3) Paragraphs
(2) and (3) of Article 3 shall come into force on the expiry of the period
of 3 months following the date appointed by the States under
paragraph (2) of this Article.
a.h. harris
Deputy Greffier of the States.