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PART 6
Complaints and Disciplinary Hearings in respect of Legal Practitioners
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Construction (Part 6)
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49. (1) In this Part—
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“barrister” means, in relation to a person who is the subject of a complaint under this Part—
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(a) a practising barrister, or
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(b) a person who, at the time of the act or omission to which the complaint relates, was a practising barrister;
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“solicitor” means, in relation to a person who is the subject of a complaint under this Part—
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(a) a practising solicitor, or
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(b) a person who, at the time of the act or omission to which the complaint relates, was a practising solicitor.
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(2) For the purposes of this Part—
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(a) the legal services provided to a person by a legal practitioner shall be considered as being of an inadequate standard where, by act or omission of the legal practitioner, the legal services actually provided by him or her—
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(i) where the legal practitioner is a barrister, were inadequate in any material respect and were not of the quality that could reasonably be expected of him as a barrister, and
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(ii) where the legal practitioner is a solicitor, were inadequate in any material respect and were not of the quality that could reasonably be expected of him or her as a solicitor,
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(b) a reference to an amount of costs sought by a legal practitioner in respect of the provision of legal services means an amount of costs specified in a bill of costs issued by the legal practitioner concerned, and
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(c) a reference to the resolution of a matter in an informal manner includes a reference to the referral of the dispute concerned to mediation or other appropriate form of dispute resolution.
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