Solicitors (Amendment) Act, 1960
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Inquiry by the Disciplinary Committee into the conduct of a solicitor alleged to have committed misconduct. |
7.—(1) An application by another person or by the Society for an inquiry into the conduct of a solicitor on the ground of alleged misconduct shall, subject to the provisions of this Act, be made to and heard by the Disciplinary Committee in accordance with rules made under section 16 of this Act. | |
(2) Where an application in relation to a solicitor is duly made under this section and the Disciplinary Committee, after consideration of the application, are of opinion that there is no prima facie case for inquiry, they shall so inform the applicant in writing and shall take no further action in relation to the application. | ||
(3) Where an application in relation to a solicitor is duly made under this section and the Disciplinary Committee, after consideration of the application, are of opinion that there is a prima facie case for inquiry, the following provisions shall have effect— | ||
(a) they shall proceed to hold an inquiry; | ||
(b) on completion of the inquiry, the Disciplinary Committee shall embody their findings in a report to the High Court, specifying therein the nature of the application and the evidence laid before them and any other matters in relation to the solicitor which they may think fit to report, including their opinion as to the fitness or otherwise of the solicitor to be a member of the solicitors' profession having regard to the contents of the report; | ||
(c) if the Disciplinary Committee find that there has been misconduct on the part of the solicitor in respect of any matter complained of in the application or that the solicitor has not answered satisfactorily the allegations against him, the Society shall bring the report before the High Court. | ||
(4) Where an application is made under this section, the Disciplinary Committee may, at any stage of the proceedings in relation to the application and before making a report to the High Court, postpone the taking of any steps or further steps in the matter for a specified period and, if they do so, then, if before the expiration of that period the applicant applies to the Disciplinary Committee for leave to withdraw the application, the Disciplinary Committee may, if they think fit, allow the application to be withdrawn and, if they do so, no further action shall be taken by them in relation to the application. | ||
(5) The Society— | ||
(a) shall be entitled to make an application to the Disciplinary Committee in accordance with the provisions of this section, notwithstanding that any other person may be entitled to make such an application, and | ||
(b) may authorise any person on their behalf to do all such things and acts as may be necessary for the purposes of such application. |