Legal Practitioners Amen Act 2010

33 Pages·2013·1.38 MB·English

GUYANA
ACT No. 26 of2010
LEGAL PB~CTITIONERS (AMENDMENT) ACT 2010
L
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Amendment of section 2 of the Principal Act.
3. Amendment of section 15of the Principal Act.
4. Repeal of Part II of the I:rincipal Act and substitution of the following as
Part II and Part III.
5. Repeal and re-enactment of the First Schedule to the Principal Act.
6. Amendment of the Fourth Schedule.
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ANACT to amendtheLegalPractitionersAct.
A.D....2010
Enacted bytheParliament ofGuyana:-
Shorttitle. 1. This Act, which amends the Legal Practitioners Act, may be cited as the
Cap. 4:01 LegalPractitioners (Amendment)Act2010.
Amendment 2. Section2ofthePrincipal Act isamended bythe insertion ofthe following
ofsection2
defmitions intheir correctalphabeticalorder-
ofthe
Principal
Act.
"Bar Associations" means"Associations thatrepresent attorneys-at-
lawinGuyana";
"practice certificate" meansthepractice certificate issuedbythe
Commissioner Generalundersection39oftheTaxAct.".
Cap.80:01
3. Section 15of the Principal Act is amended by the substitution for the
Amendment
ofsection words "The Chancellor may with the concurrence of the other members of the
15ofthe
Principal rule making authority constituted under section 29", of the words "The
Act.
Committee may inconsultationwiththeBarAssociations.".
4. Part IIofthe Principal Act isrepealed andthe following substituted asPart
Repealof
PartIIof
IIandPartIII-
the
Principal
Actand
substitution
ofthe
following
asPartII
andPartIII.
"PART II
DISCIPLINE
22. (1) For the purposes of this Act, there is established a
Legal
Practitioners Committee, to be known as the Legal Practitioners Committee
Committee.
(hereinafter referred to as "the Committee") which shall be charged
withhearinganddetermining complaints against attorneys-at-law.
(2)TheRegistrar,oranyperson deputedbyhim,shall
perform thedutiesofSecretarytothe Committee.
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23. (1) The Committee shall consist of not more than fourteen
Constitution
ofthe members,being-
Committee.
(a) the Attorney General and the Solicitor General, who
shallbe ex officio membersofthe Committee;and
(b) twelve attorneys-at-law appointed by the Chancellor
afterconsultationwiththeBarAssociations.
(2)The appointed members ofthe Committee shall includefour
attorneys-at-law each having not less than ten years
standingasanattorney-at-law.
Tenure. 24.Themembers ofthe Committee, shall, subjectto theprovisions of
this Part,hold officeforaperiod ofthree years and shallbe eligiblefor
re-appointment.
Chairman. 25. (1) There shall be a Chairman of the Committee who shall be
elected by the members of the Committee from among the members
whohaveatleasttenyears standingasattorneys-at-law.
(2) Ifthe Chairman ofthe Committee isabsent orunable to act,
the members present shall elect another member to act as Chairman.
26.Where amemberofthe Committee isabsent orunableto act,the
Acting
appoint- Chancellor may appoint an attorney-at-law to act in the place of the
ments.
member, after consultation with the Bar Associations.
27. Anappointed member ofthe Committee may at anytimeresign
Resignations.
hisofficebyletterdeliveredtotheRegistrar.
28. The Chancellor shall,upon the request ofthe Bar Associations if
Revocation of
appointment. theythink itexpedientto doso,revoke the appointment ofanymember
oftheCommittee.
29. Where an appointed member of the Committee vacates his seat
Filling of
vacancies. beforetheexpirationofhisterm ofoffice,the Chancellormayappoint,
in like manner as under section 23, an attorney-at-law to fill the
vacancy fortheremainderofthatterm ofoffice.
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Publication of 30. The Registrar shall cause the names of all members of the
membership.
Committee as ftrst constituted, and every change in membership of
the Committee,tobepublished inthe Gazette.
Procedure of 31.(1)TheCommittee shallmeetatthetimes asmaybenecessary or
meetings.
expedient forthe transaction ofbusiness, and meetings shallbe held
attheplaces andtimes andonthedaysasthe Committeedetermines.
(2) The quorum of the meeting shall be five members.
(3) The validity of any proceedings ofthe Committee shallnot
be affected by any vacancy among the members or by any defect in
theappointmentofa memberoftheCommittee.
(4) Subject to the provisions of this Part, the Committee shall
havethepowertoregulate itsownproceedings.
32. A member of the Committee shall not be personally liable for
Protection of
members. any act or default of the Committee done or omitted to be done in
good faith in the performance of its functions under this Act.
Expenses. 33. Any expenses lawfully incurred by the Committee in the
performance of its functions under this Act, shall be paid out of
moneys fromtheConsolidated Fund.
34. (I) The Code of Conduct set out in the Fourth Schedule shall
Code of
Conduct. regulate the professional practice, etiquette, conduct and discipline
Fourth ofattorneys-at-law.
Schedule.
(2) Any attorney-at-law who breaches the Code of Conduct
commitsanactofprofessional misconduct.
(3) The Chancellor may, in consultation with the Bar
Associations, amendtheFourth Schedule.
Complaints to 35. (I) A client or, by leave of the Committee, any other person
the
Committee. ~ alleging himself aggrieved by an act of professional misconduct,
committed byan attorney-at-law, otherthan the Attorney General or
a Law Officer, may apply to the Committee to require the attorney-
at-law to answer allegations contained in an affidavit made by a
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client or other person, and the Registrar or any member of the
Committee may make a likeapplication to the Committee inrespect
of allegations concerning any professional misconduct or any
criminal offence as may for the purposes of this section be
prescribed by the Chancellor with the approval of the Bar
Associations.
(2) In any matter or hearing before any Court, where the
Court considers that an act referred to in subsection (1) has been
committed by an attorney-at-law other than the Attorney General or
J a Law Officer, the Court may make or cause the Registrar to make
an application to the Committee in respect of the attorney-at-law
underthatsubsection.
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(3) Any application under subsection (1) shall be made to
and heard by the Committee in accordance with rules made under
section40.
Powers of 36. (1) On the hearing of an application under section 35,
the
theCommitteemay-
Committee.
(a)dismisstheapplication;
(b) impose on the attorney-at-law to whom the application
relates, a fine not exceeding two hundred thousand
dollarsastheCommitteethinksproper;
(c) reprimand the attorney-at-law to whom the application
relates;or
(d)make an order asto costs of proceedings as itthinks fit,
and in addition, except where the application is
dismissed, the Committee may order the attorney-at-law
topaytheapplicantorperson aggrieved asumbywayof
compensation andreimbursement and any further sumin
respect of expenses incidental to the hearing of the
application and the consideration of the report as it
thinksfit.
(2) The removal from the Court Roll of the name of an attorney-
at-law shall not be a bar to the continuation of the hearing and
determination ofanapplication.
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(3) Where the Committee is of the opinion that a case has been
made out which justifies punishment more severe than may be
imposed by it under this section like suspension from practice or
removal from the Court Roll, the Committee shall forward to the
Chancellor and to the Attorney General a copy of the proceedings
before itanditsfindings.
(4) Every order made under this section shall be
drawn up, settled and signed by the Registrar who shall
keep awrittenrecord ofalldecisions andrecords.
(5) Whereanattorney-at-law isordered bythe Committee to pay
compensation or to make reimbursement to an applicant or other
aggrieved person,any compensation orreimbursement may betaken
into account in the assessment of damages recoverable against the
attorney-at-law in any civil proceedings brought against him by the
applicant or other aggrieved person in respect of any act or default
which was the subject matter of the application which gave rise to
theorderoftheCommittee.
Procedure 37. (I) Where any application has been heard, the Committee shall
on
application
for removal
(a) where a case of misconduct has, in their opinion, been
from Court
Roll. established against the attorney-at-law, report their findings to the
judges ofthe Court;or
(b) where, in their opinion, no case of misconduct is
established against the attorney-at-law, dismiss the application and
report their fmdings to thejudges of the Court and may make such
recommendations inrelationtotheir findingsastheymaythinkfit.
(2) The report of the Committee shall be signed by the
Chairman and filed in the Registry but shall not be open to public
inspection.
(3) The Registrar shall in each case submit the report with the
record oftheproceedings to thejudges ofthe Court who shalldirect
whether any and what further proceedings shall be taken, either by
wayofreferencebacktothe Committee orotherwise.
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.....•....',..'..'" ..."-"-'-"
(4) TheRegistrar shall, if sodirected bythejudges ofthe Court,
setdown thereport forconsideration by the Court constituted ofnot
lessthanthreejudges.
(5) At the hearing by the Court, the attorney-at- law shall be
required to showcause why an order shallnot be made against him,
and the Attorney-General or an attorney-at-law nominated by him
mayalsobeheard.
(6) At the conclusion of the hearing the Court may make an
orderonthereportastheCourtmaythink fit.
Removal 38.(I) TheRegistrarshallmaketheappropriate entryoralteration in
from Court
the Court Roll and publish the appropriate notice in the Gazette
Roll and
suspension whenever the Court orders the name of an attorney-at-law to be
from
practice by removed from the Court Roll or that the attorney-at-law be
order of
Court. suspendedfrompractising law;wherebyvirtue ofany law,thename
ofan attorney-at-law isremoved fromthe Court Roll or anattorney-
at-lawissuspendedfrompractising law,but wherethere isanappeal
against any order from which the removal or suspension results, the
Registrar shall take no action under this section until the order has
beenconfirmed onappeal.
(2) Where the name of an attorney-at-law is removed
fromthe CourtRoll hispractice certificate ceases to be valid forthe
period ofthatsuspension.
(3) During the period of suspension of an attorney-at-law from
practising law,no practice certificate shall be issued to him and any
practice certificate issued to him prior to suspension, ceases to be
valid fortheperiod ofthatsuspension.
Committee 39. (I) For the purposes of hearing applications made
may sit in
divisions. pursuant to section 35, the Committee may sit in more than one
division.
(2)Subjecttothedirections ofthe Committee,the Chairmanof
the Committee shalldeterminethe composition ofeach division,and
eachdivisionshallelectitsownChairman fromamong itsmembers:
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Provided that a division shall not consist of less
than fivemembersofthe Committee.
(3) Each division shall be entitled to hear and determine any
application, and shall be entitled to exercise all the powers of the
Committee; and any hearing by or determination or order of such
division shallbedeemedtobe ahearing byordetermination ororder
oftheCommittee.
Rules of 40. (1)TheCommitteemaymakerules-
procedure.
(a) regulatingthepresentation, hearing and determination of
applicationstotheCommittee underthisAct;
(b) providing for the payment of any costs by the applicant
orattorney-at-law;
(c) prescribingthe feesto bepaid byan attorney- at-law for
the restoration of his name to the Court Roll, or any
otherthing which maybe or isrequired to be prescribed
forthepurposes ofthisPart; and
(d) generally for the better performance of its functions
underthisPart.
(2)The Rules contained inthe First Schedule shallbe in force
First Schedule.
until they are amended or revoked by rules made by the Committee
undersubsection(1).
(3) For the purposes of any application made to it under this
Act,the Committee shallhavethe powers ofthe Courtto issuewrits
of subpoena ad testificandum or duces tecum, and to examine
witnessesandpartiesconcernedonoath.
41. (1) Every order made by the Committee under section
Filing,
effect and
36 shall be prefaced by a statement of the Committee's fmdings in
notice of
orders of relation to the facts of the case and shall be
the
Committee signed by the Chairman of the Committee, or division of the
Committee as the case may be, so, however, that ifthe fmdings are
not unanimous, dissenting opinions may be expressed in the
statement.
(2)TheCommittee shall, subjectto rules made under section40,
cause a copy of every order of the Committee to be filed with the
Registrar.
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,
(3)Everyorderfiledpursuantto subsection (2)shall,assoonasit
has been filed,be acted upon bythe Registrar and be enforceable in
the same manner as a judgment or order of the Court to the like
effect.
(4)TheRegistrar shalluponthe filing ofanyorder underthisPart,
cause anotice statingthe effect ofthe operative part of the order to
bepublished inthe Gazette.
(5)The fileoforders madeby the Committee may be inspected at
the Registry by any person, during office hours, on payment of the
prescribed fee.
Appeals. 42. An appeal against any order made by the Committee under this
Act shall lie to the Court of Appeal by way of rehearing at the
instance of the attorney-at-law or person aggrieved to whom the
order relates, and every appeal shallbe made within the time and in
the form and shall be heard in the manner as may be prescribed by
rulesoftheCourtofAppeal.
Powers of 43. (I) TheCourtofAppeal may dismissthe appeal andconfirmthe
the Court of
orderormayallowtheappealandsetasidetheorder ormayvarythe
Appeal.
order or may allow the appeal and direct that the application be
reheard by the Committee and may also make an order as to costs
before the Committee and as to costs of the appeal, as the Court of
Appealmaythinkproper:
Provided that in the rehearing of an application by the
Committee following an appeal by the attorney-at-law, no greater
punishment shall be inflicted upon the attorney-at-law concerned
than was inflicted by the order made at the first hearing unless new
andadditionalinformationcomesto light.
(2) Where the Court of Appeal confrrms the order of the
Committee, whether with or without variation, it shall take effect
fromthedateoftheorderofCourtofAppeal confrrmingit.
Restoration of 44. (I) An attorney-at-law whose name has been removed from the
name tothe
Court RolL CourtRoll,orwhohasbeen suspended frompractice may, subjectto
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,
subsection (2), apply in writing to the Court by petition to have his
name restored to the CourtRoll, orthe order ofhis suspension from
practice withdrawn,asthecasemaybe.
(2) On the hearing of an application under subsection (l), the
Court may refer it to the Committee for a report, and may, if
satisfied thatthe applicant is a fit and proper person to practise law,
order that his name be restored to the Court Roll, or that the order
suspendinghimfrompracticebe withdrawn,asthe casemaybe.
(3)Anyordermadebythe Courtunderthis sectionrestoringthe
name of an attorney-at-law or terminating the suspension of an
attorney-at-law shallbepublished inthe Gazette bytheRegistrar.
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(4) Upon the publication in the Gazette of an order
madeunder subsection(3)andonthepayment ofany feeprescribed,
the Registrar shallmake the appropriate entry onthe Court Roll and
where appropriate restore the name of the attorney-at-law to the
CourtRoll.
45. (1) If any person, whilst suspended from practice or
Offences.
whosenamehasbeenremoved fromthe CourtRoll-
(a) practiseslaw;
(b) wilfullypretendstobe entitledtopractise law;or
(c) wilfully makes use of any name, title or description
implyingthatheisentitledtoberecognised orto actas
anattorney-at-law,
he isguiltyof anoffence and isliableon summary conviction to a
fine not exceeding five hundred thousand dollars and to
imprisonment foroneyear.
(2) If any person whilst suspended from practice, or whose
name has been removed from the Court Roll, seeks or accepts
employment from an attorney-at-law in connection with the practice
of that attorney-at-law, without previously informing him of the
suspension or his name being removed from the Court Roll, he is
guilty ofanoffenceandisliableonsummary convictiontoafinenot
exceedingtwohundredthousand dollars andto imprisonmentforsix
months.
(3) No attorney-at-law shall in connection with his practice,
employ or remunerate any person who to his knowledge is
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