Solicitors Act, 1954

Procedure where charge is made against solicitor.

16.—(1) Where an application under paragraph (b) or (c) of subsection (1) of section 14 of this Act is duly made, the Disciplinary Committee shall consider the application and supporting affidavit and documents and—

(a) if they decide that a prima facie case has not been shown, they shall so notify the applicant and the solicitor and shall take no further action,

(b) if they decide that a prima facie case has been shown, they shall serve on the solicitor—

(i) a copy of the application,

(ii) a copy of the affidavit,

(iii) copies of the documents or, at the discretion of the registrar, a list of the documents, and

(iv) a notice requiring the solicitor to send to the Disciplinary Committee, within a specified period, an affidavit by him in answer to the application, together with any documents, or copies thereof, which he relies on in support of his answer.

(2) Where a notice under subsection (1) of this section is served, either party may inspect the documents furnished by the other.

(3) After the expiration of the period specified in a notice under subsection (1) of this section, the Disciplinary Committee shall consider the application and the supporting affidavit and documents and such (if any) affidavit and documents as have been furnished by the solicitor and—

(a) if they decide that there is no cause for further inquiry, they shall so notify the applicant and the solicitor and shall take no further action,

(b) if they decide that there is cause for inquiry, they shall hold an inquiry.

(4) Where an applicant has been notified under paragraph (a) of subsection (1) or paragraph (a) of subsection (3) of this section, the Disciplinary Committee shall, if so required by the applicant, make a formal order embodying their decision.