Chapter 004:01 - Legal Practitioners

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/436-chapter-401-legal-practitioners/file

L.R.O. 1/2012
LAWS OF GUYANA
LEGAL PRACTITIONERS ACT
CHAPTER 4:01
Act
18 of 1897
Amended by
15 of 1901 20 of 1944 3 of 1980
28 of 1918 27 of 1948 26 of 2010
14 of 1919 68 of 1952 O. 68/1961
6 of 1921 25 of 1954 15/1970
38 of 1929 4 of 1966A 166/1974
13 of 1931 20 of 1966A 99/1975
15 of 1931 4 of 1972
18 of 1937 31 of 1974
13 of 1939 33 of 1975
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 58 ... 1/2012
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Index
of
Subsidiary Legislation
Page
Legal Practitioners (Recognition of Qualification for Admission to
Practise) Order
58
(O. 41/1983)


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CHAPTER 4:01
LEGAL PRACTITIONERS ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
PART I
ADMISSION AND ENROLMENT
2. Interpretation.
3. Existing practitioners to be attorneys-at-law.
4. Admission of attorneys-at-law.
4A. Reciprocal admission to practise law.
4B. Eligibility of person who is not a citizen of Guyana to be admitted to
practise law if that person possesses qualification recognised in
Guyana.
4C. Appeal against refusal of admission to practise law.
4D. Savings of enactments placing restrictions.
5. Deposit of documents for the purpose of admission to practise law.
6. Oath of attorney-at-law on admission.
7. Deleted.
8. Enrolment of attorneys-at-law.
9. Status of attorneys-at-law.
10. Officers of the Court.
11. Suspension and striking off roll.
12. Touts.
13. Publication of names of touts and their removal from the precincts of
Courts.
14. Appeal from decision of Registrar to judge in Chambers.
15. Rules.
16. Presumption of receipt of remuneration.
17. Preparation of legal document by unqualified persons.
18. Recovery of fees, charges or disbursements.
19. Payments in advance.
20. Bill of costs, how to be rendered, taxed and recovered.
21. Contracts for legal services.

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SECTION
PART II
DISCIPLINE
22. Legal Practitioners Committee.
23. Constitution of the Committee.
24. Tenure.
25. Chairman.
26. Acting appointments.
27. Resignations.
28. Revocations of appointment.
29. Filling of vacancies.
30. Publication of membership.
31. Procedure of meetings.
32. Production of members.
33. Expenses.
34. Code of Conduct.
35. Complaints to the Committee.
36. Powers of the Committee
37. Procedure on application for removal from Court Roll.
38. Removal from Court Roll and suspension from practice by order of
Court.
39. Committee may sit on divisions.
40. Rules of Procedure.
41. Filing effect and notice of orders of the Committee.
42. Appeals.
43. Powers of the Court of Appeal.
44. Restoration of name to the Court Roll.
45. Offences.
46. Saving of Jurisdiction.
PART III
MEMBERSHIP OF BAR ASSOCIATIONS
47. Annual subscription to the Bar Associations
FIRST SCHEDULE—Rules.
SECOND SCHEDULE—Form.
THIRD SCHEDULE—Table of fees and costs
FOURTH SCHEDULE- Code of Conduct
__________________________
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1929 Ed.
c. 26
1953 Ed.
c. 30 _______________________________________________________
18 of 1897
[3 of 1980] An Act to establish criteria for the admission of persons to
practise as attorneys-at-law in Guyana, to regulate their
functions, to provide for their professional discipline
and for matters incidental thereto and connected
therewith.
Short title.


Interpretation.
[4 of 1966A
33 of 1975
O. 99/1975
3 of 1980
26 of 2010]
c. 4:04
1. This Act may be cited as the Legal Practitioners
Act.
PART I
ADMISSION AND ENROLMENT
2. (1) In this Part of this Act—
“Agreement” means the Agreement referred to in section 2 of
the Council of Legal Education Act;
“attorney-at-law” means any person whose name is enrolled
on the Court Roll in accordance with this Act;
“Bar Associations” means “Association that represent
attorneys-at-law in Guyana”;
“the Court” means the High Court;
“Court Roll” means the Court Roll referred to under section 3;
“Legal Education Certificate” means the Legal Education
Certificate referred to in Article 4 of the Agreement;
“legal practitioner” means a person duly admitted to practise
before the Court as an attorney-at-law under this Act,
and who is actually practising the profession;
“practice certificate” means the practice certificate issued by
the Commissioner General under section 39 of the
CHAPTER 4:01
LEGAL PRACTITIONERS ACT

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c. 80:01
Act 3 of 1980.
Tax Act.
“the Registrar” means the Registrar of the Supreme Court;
“the registry” means the registry of the Supreme Court;
“tout” means a person who procures in consideration of any
remuneration moving from any legal practitioner or
from any person on his behalf, the employment of
such legal practitioner in any legal business, or who
proposes to any legal practitioner to procure, in
consideration of any remuneration moving from such
legal practitioner or from any person on his behalf,
the employment of the legal practitioner in such
business, or who for purposes of such procurement
frequents the precincts of any court and includes a
person declared by the Registrar to be a tout in
pursuance of section 13.
(2)Any reference (however expressed) in any
written law or any document having legal effect to a barrister
or a solicitor as respects the conferring of any right or
privilege, the exercise of any function or in relation to the
qualification for appointment to any office shall, after the
coming into operation of this subsection, be deemed to
include a reference to an attorney-at-law.
(3) For the purposes of any written law whereby
the qualification of any person for holding any office depends
upon his having held any legal professional qualifications for
a specified period, any period during which an attorney-at-
law was previously a barrister or solicitor shall be treated as
part of the period during which he was qualified as an
“Practise law means practise as an attorney at law lawfully
could before the coming into operation of the Legal
attorney at law;
Practitioners (Amendment) Act 19 0 and includes
practising at one and the same time both as such
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Existing
practitioners to
be attorneys at
law.
[3 of 1980]

Admission of
attorney at law.
[25 of 1954
4 of 1972
33 of 1975
O. 68/1961
3 of 1980]
attorney-at-law.
3. All persons enrolled on the Court Roll immediately
before the coming into operation of this section shall be
deemed for all purposes to be attorneys-at-law and to have
been duly admitted to practise law and enrolled on the Court
Roll in accordance with section 8.
4. (1) The Court may at any time admit any person to
practise law if—
(a) he is a national;
(b) he has attained the age of twenty-one
years;
(c) he is of good character; and
(d) (i) he holds a Legal Education
Certificate; or
(ii) he is entitled to be recognised
as professionally qualified for
admission to practise law in
Guyana by virtue of the
operation of Article 6 of the
Agreement or of subsection (4).
(2) In subsection (1) “national” has the same
meaning as in Article 6(2) of the Agreement.
(3) (a) Any person holding office as a Law Officer
shall, so long as he continues to hold such office, have and
enjoy all the rights and privileges of an attorney-at-law
entitled to practise in the courts of Guyana.
(b) In this subsection, the expression “Law
Officer” means any person holding office as the Attorney
General or as the Director of Public Prosecutions or on the
staff of their Chambers.
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Reciprocal
admission to
practise law.
[3 of 1980]
(4) The Minister may by order, which shall be
subject to negative resolution of the National Assembly,
provide for persons or any class of persons who, by reason
only of any date or dates specified in Article 6 of the
Agreement, are not entitled thereunder to be recognised as
professionally qualified for admission to practice law in
Guyana, to be entitled to be so recognised subject to any
conditions specified in the order.
4A. (1) The Minister may by order provide that
subject to such exceptions, conditions, qualifications and
modifications as may be prescribed in the order any legal
practitioner of any country (not being a participating country
within the meaning of Article 6 of the Agreement) shall as
from a date specified in the order be eligible to be admitted by
the Court to practise law if the Minister, after consultation
with the Chancellor, is satisfied—
(a) that the law of that country relating to
the admission of persons to practise
law in the superior courts of that
country are such as to ensure that
they possess suitable qualifications
and competence; and
(b) that by the law of that country
attorneys-at-law of Guyana are
entitled or would, if an order were
made under this subsection, be or
become entitled to admission as legal
practitioners of the superior courts of
that country; and
(c) that such entitlement to admission
would be on terms as favourable as
those on which legal practitioners of
that country would, if an order were
made under this subsection, be or
become entitled to admission to
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Eligibility of
person who is
not a citizen of
Guyana to be
admitted to
practise law if
that person
possesses
qualifications
recognised in
Guyana.
[3 of 1980]
practise law in Guyana.
(2) The Court may at any time admit any person to
practise law under this section if he has attained the age of
twenty-one years and satisfies the Court of his qualifications
and good character.
4B. (1) The Minister may by order provide that,
subject to such exceptions, conditions, qualifications and
modifications as may be prescribed therein, a citizen or
national of any country (not being a participating country
within the meaning of Article 5 of the Agreement) who holds
a Legal Education Certificate shall be eligible to be admitted
by the Court to practise law if the Minister, after consultation
with the Chancellor, is satisfied—
(a) that the law of the country relating to
the admission of legal practitioners to
practise law in the superior courts of
the country is such as to ensure that a
citizen of Guyana who has obtained
the qualifications and satisfied the
conditions which would entitle a
citizen or a national of that country to
be admitted to practise as a legal
practitioner in that country, is entitled
or would, if an order were made
under this subsection, be or become
entitled to admission as a legal
practitioner of the superior courts of
that country; and
(b) that such entitlement by a citizen of
Guyana to admission would be on
terms as favourable as those on which
citizens or nationals of that country
would, if an order were made under
this subsection, be or become entitled
to admission to practise law in
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Appeal against
refusal of
admission to
practise law.
[3 of 1980]

Savings of
enactments
placing
restrictions on
persons other
than citizens of
Guyana.
[3 of 1980]
Deposit of
documents for
the purpose of
admission to
practise law.
[3 of 1980]
Guyana.
(2) The Court may at any time admit any person to
practise law under this section if he has attained the age of
twenty-one years and satisfied the Court of his qualifications
and good character.
(3) For the purposes of this section the expression
“national” means, in the case of a country where there is no
law in force conferring citizenship of that country, a person
who is regarded as belonging to that country under any law
in force in that country.
4C. (1) An appeal shall lie to the Court of Appeal from
an order of the Court refusing to admit any person to practise
law under section 4, 4A or 4B.
(2) Rules of court may prescribe the practice
and procedure to be followed in relation to appeals under this
section.
4D. Nothing in sections 4 to 4C (both inclusive)
affects any law relating to the placing of restrictions on any
person, not being a citizen of Guyana, entering, residing or
working in Guyana.
5. A person who desires to be admitted to practise
law in Guyana shall apply by petition to the Court for
admission as an attorney-at-law and shall file with the
petition such certificate or other document as proof of his
qualification for admission under this Act, together with a
statutory declaration of identity and such other information
in support thereof, as the Court may require for the purpose:
Provided that—
(a) the Court may, on special grounds, and
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Oath of
attorney-at-law
on admission.
[3 of 1980]

Enrolment of
attorneys-at-
law.
[3 of 1980]

Status of
attorneys-at-
law.
[33 of 1975
3 of 1980]
c. 80:01
upon any terms it thinks reasonable, exempt
any such person from complying with any
formalities prescribed by this section either
absolutely or for a specified period; and
(b) after the Court has dealt with the petition,
the petitioner shall be entitled to receive his
certificate or other document.
6. Everyone admitted to practise law shall, upon his
admission, have administered to him in the presence of one of
the judges and shall take the oath or declaration and
affirmation following:
“I, A.B., do swear (or solemnly, sincerely and truly
declare and affirm) that I will well and truly serve the people
of Guyana according to the best of my learning and
knowledge in the law, and I will truly counsel and advise
them that retain me according to the best of my skill, and I
will not defer, protract, or delay their causes willingly for
lucre or hope of reward.”
7. [Deleted by Act No. 3 of 1980.]
8. Every person admitted to practise law shall be
enrolled by the Registrar on the Court Roll and shall be
entitled to a certificate of enrolment under the seal of the
Court, and, subject to section 4, no person whose name is not
enrolled as aforesaid shall be entitled to practise law in any of
the courts of Guyana.
9. Every person whose name is enrolled on the Court
Roll shall be known as an attorney-at-law and—
(a) subject to this Act and to section 39 of the
Tax Act shall be entitled to practise law
before any court in Guyana and to sue for
and recover his fees for services rendered in
that respect;
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Officers of the
Court.
[15 of 1931
3 of 1980]
Suspension and
striking off roll.
[3 of 1980]

Touts.
[20 of 1966A
6 of 1997]

Publication of
names of touts
and their
removal from
the precincts of
Courts.
[20 of 1966A
33 of 1975
6 of 1997]
(b) shall be subject to all such liabilities as
attached by law to a barrister and a solicitor
prior to March 1980, and, without prejudice
to the generality of the foregoing, be liable
for any negligence committed by him when
practising law save in respect of the conduct
of any case in court and in respect of any
preliminary decision affecting the way the
case is to be conducted when it comes to
hearing.
10. A person practising law under this Act shall be
deemed to be an officer of the Supreme Court of Judicature.
11. The Court shall have power, upon petition or
motion, for reasonable cause to suspend an attorney-at-law
from practising within Guyana during any specified period,
or to order his name to be struck off the Court Roll.
12. Any person who acts as a tout shall be liable on
summary conviction to a fine of sixteen thousand two
hundred and fifty dollars and to imprisonment for six
months.
13. (1) Subject to subsection (2), the Registrar shall
publish in the Gazette the name of any person who he is
satisfied, whether on evidence of general repute or otherwise,
has acted as a tout and shall by such publication declare that
person to be a tout.
(2) No person shall be declared a tout by the
Registrar under the preceding subsection unless he has been
given an opportunity to show cause to the Registrar why such
a declaration should not be made with respect to him.
(
3) The Chief Justice may, by order, prohibit any
person declared a tout as aforesaid from entering the
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Appeal from
decision of
Registrar to
judge in
chambers.
[20 of 1966A]
Second
Schedule
precincts of any court except—
(a) for the purpose of attending
proceedings to which he is a party or
in which he is a witness; or
(b) with written permission granted by
the Chief Justice and for any purpose
specified in such permission.
(4) Every person who, otherwise than for a
purpose mentioned in subsection (3) (the proof whereof shall
lie upon him), enters any precincts which he is prohibited
under that subsection from entering, shall be liable on
summary conviction to a fine of sixteen thousand two
hundred and fifty dollars and to imprisonment for six
months.
14. (1) Any person who is declared by the Registrar to
be a tout under the last preceding section may, within one
month after the publication of the declaration in the Gazette,
appeal to a judge in chambers from the decision of the
Registrar to declare him to be a tout by filing in the registry in
the form set out in the Second Schedule a notice of appeal in
which the grounds of appeal shall be briefly set out.
(2) Any clerk of the registry who receives such a
notice of appeal shall immediately make an entry of the fact
and the time of the receipt in a record book to be kept for that
purpose and shall inform the Registrar of the fact.
(3) The Registrar shall forthwith after the filing of
a notice of appeal under subsection (1) prepare a statement of
his reasons for the decision appealed against.
(4) A judge in chambers may, if the
circumstances so warrant, direct that a copy of the notice of
appeal be served on any person he thinks fit and may give
directions as to the time and manner of such service.
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Third
Schedule.

Rules.
[20 of 1966A
3 of 1980
26 of 2010]
(5) Any person upon whom a copy of a notice of
appeal has been served under the last preceding subsection
shall be entitled to appear and to be heard at the hearing of
the appeal, and any such person who so appears shall be a
respondent on the appeal.
(6) At the hearing of the appeal the judge in
chambers shall have the power to examine on oath the parties
or any of them and their witnesses and to order the
production of documents and may affirm or rescind the
decision of the Registrar, or may refer the matter back to the
Registrar with such directions as the judge may think fit.
(7) Where the judge in chambers rescinds the
decision of the Registrar a notice to that effect shall be
published in the Gazette.
(8) The fees and costs set out in the Third
Schedule shall be the fees to be charged and taken in the
registry and recovered by the Registrar and shall govern the
taxation of costs for and in respect of the various matters
specified therein.
(9) All costs of and incidental to an appeal under
this section to a judge in chambers shall be in the discretion of
the judge.
(10) Where costs are awarded against an
appellant by a judge in chambers the recovery of such costs
shall be governed, as far as practicable, by the provisions of
any Rules of Court for the time being in force relating to the
recovery of costs in civil actions in the Court.
15. The Committee may in consultation with the Bar
Associations make rules of Court for regulating the conduct
of attorneys-at-law in relation to touts and such rules may
include provision with respect to the application of section 14
to such attorneys-at-law.
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Presumption of
receipt of
remuneration.
[20 of 1966A]

Preparation of
legal document
by unqualified
persons.
[3 of 1980
6 of 1997]

c. 7:01
Recovery of
fees, charges or
disbursements.
[3 of 1980]

Payments in
advance.
[3 of 1980]
16. Any person who procures any legal business for a
legal practitioner shall, unless he proves to the contrary, be
deemed to have procured such legal business in consideration
of remuneration moving from the legal practitioner if that
person is employed by and is in receipt of emoluments of any
kind from the legal practitioner.
17. A person who, not being entitled to practise as an
attorney-at-law, or not being a public officer acting in the
execution of his duty, either directly or indirectly for or in
expectation of any fee, gain, or reward, draws or prepares, or
offers to draw or prepare, any legal document other than a
will, or holds himself out by advertisement or otherwise as
prepared to do so, or who receives any fee, gain, or reward,
for drawing or preparing that document, shall be liable on
summary conviction to a fine of nine thousand seven
hundred and fifty dollars for each offence:
Provided that nothing contained in this section shall be
construed to prevent a clerk of a magistrate’s court from
preparing a complaint or information relating to an indictable
or summary conviction offence, or a plaint under the
Summary Jurisdiction (Petty Debt) Act, to be instituted in the
court of which he is clerk, unless prohibited by the Chancellor
from doing so.
18. An attorney-at-law shall not recover any costs,
fees, charges, or disbursements, for any business done by him
until he has applied for and obtained a certificate of the
Registrar as to the actual amount due in respect thereof upon
taxation and has rendered account thereof to the party to be
charged.
19. (1) An attorney-at-law who receives in advance
from or on behalf of a client any money to cover prospective
costs, fees, charges, or disbursements, other than a retainer
actually paid to an attorney-at- law, or as security for future
costs, fees, charges, or disbursements, shall, at the expiration
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Bill of costs,
how to be
rendered,
taxed and
recovered.
[3 of 1980]
of each period of three months from the receipt of the money,
furnish his client on demand with a statement in writing,
showing the amounts so received up to date, and the date
when they were received, and the purposes to which they or
so much of them as has been expended have been applied.
(2) If anyone fails to obtain the statement, he may
apply in person or by an attorney-at-law in a summary way
and without any formality through the Registrar to a judge in
chambers, for an order on the attorney-at-law to furnish the
statement and the judge may give any directions thereon he
thinks proper.
20. (1) No attorney-at-law of the Court shall be
entitled to any process issuing thereout for the recovery from
a client of the amount of any bill of costs, other than a bill of
costs relating wholly to matters in respect of which a tariff of
costs has not been by law prescribed, unless the bill has been
taxed, and a copy of the bill so taxed has been delivered to the
client to enable him to pay it seven days previously to the
issuing of the process:
Provided that nothing herein contained shall be deemed
to deprive an attorney-at-law of any right which, in the
absence of this enactment, he may have in any case to
commence an action and arrest a client indebted to him who
is about to quit Guyana.
(2) In any proceedings in a court in which the
amount of any bill of costs is sought to be recovered or is
disputed, that court or the judge before which or whom those
proceedings are pending shall decide whether the fees
charged relating to matters for which no tariff of costs has
been by law prescribed are excessive, or are a fair and
adequate remuneration for the work done and services
rendered, and shall reduce or allow them accordingly.
(3) The client of an attorney-at-law who has
paid a bill of costs of any kind for services rendered, without
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Contracts for
legal services.
[3 of 1980]

Legal
Practitioners
Committee.
[26 of 2010]
Constitution of
the Committee.
[26 of 2010]
the bill having been previously taxed or allowed by a court or
judge, may, within one month after the payment, demand
that the bill be taxed, and the bill shall, on application for that
purpose made to the Chief Justice, be taxed by the Registrar,
and the client shall, on application, have from the court or a
judge an order to receive from the attorney-at-law repayment
of any amount taxed off or disallowed.
(4) In the event of any bill of costs being, on
taxation or on any proceedings aforesaid, reduced by more
than one-sixth, the costs of taxation and of the application or
proceedings (so far as the proceedings relate to that bill of
costs), shall be borne by the attorney-at-law, and shall be
payable to the client under a summary order of the Court for
that purpose.
21. No special agreement otherwise valid in law
between an attorney-at-law and his client as to the amount or
manner of payment for the whole or any part of any past or
future services, fees, charges, or disbursements in respect of
business done or to be done by the attorney- at-law, shall be
good and valid in law, unless it is in writing.
PART II
DISCIPLINE
22. (1) For the purposes of this Act, there is
established a Committee, to be known as the Legal
Practitioners Committee (hereinafter referred to as “the
Committee”) which shall be charged with hearing and
determining complaints against attorneys-at-law.
(2) The Registrar, or any person deputed by him,
shall perform the duties of Secretary to the Committee.
23 (1) The Committee shall consist of not more than
fourteen members, being –
(a) the Attorney General and the Solicitor
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Tenure.
[26 of 2010]

Chairman.
[26 of 2010]

Acting
appointments.
[26 of 2010]
Resignations.
[26 of 2010]
Revocation of
appointment.
[26 of 2010]
Filling of
vacancies.
[26 of 2010]
General, who shall be ex officio
members of the Committee; and
(b) twelve attorneys-at-law appointed by
the Chancellor after consultation with
the Bar Associations.
(2) The appointed members of the Committee
shall include four attorneys-at-law, each having not less than
ten years standing as an attorney-at-law.
24. The members of the Committee, shall, subject to
the provisions of this Part, hold office for a period of three
years and shall be eligible for re-appointment.
25. (1) There shall be a Chairman of the Committee
who shall be elected by the members of the Committee from
among the members who have at least ten years standing as
attorneys-at-law.
(2) If the Chairman of the Committee is absent or
unable to act, the members present shall elect another
member to act as Chairman.
26. Where a member of the Committee is absent or
unable to act, the Chancellor may appoint an attorney-at-law
to act in the place of the member, after consultation with the
Bar Associations.
27. An appointed member of the committee may at
any time resign his office by letter delivered to the Registrar.
28. The Chancellor shall, upon the request of the Bar
Association if they think it expedient to do so, revoke the
appointment of any member of the Committee.
29. Where an appointed member of the Committee
vacates his seat before the expiration of his term of office, the
Chancellor may appoint, in like manner as under section 23,
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Publication of
membership.
[26 of 2010]

Procedure of
meetings.
[26 of 2010]
Production of
members.
[26 of 2010]

Expenses.
[26 of 2010]

Code of
conduct.
Fourth
Schedule.
[26 of 2010]
an attorney-at-law to fill the vacancy for the remainder of that
term of office.
30. The Registrar shall cause the names of all
members of the Committee as first constituted, and every
change in membership of the Committee, to be published in
the Gazette.
31. (1) The Committee shall meet at the times as may
be necessary or expedient for the transaction of business, and
meetings shall be held at the places and times and on the days
as the Committee determines.
(2) The quorum of the meeting shall be five
members.
(3) The validity of any proceedings of the
Committee shall not be affected by any vacancy among the
members or by any defect in the appointment of a member of
the Committee.
(4) Subject to the provisions of this Part, the
Committee shall have the power to regulate its own
proceedings.
32. A member of the Committee shall not be
personally liable for 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.
33. Any expenses lawfully incurred by the Committee
in the performance of its functions under this Act, shall be
paid out of moneys from the Consolidated Fund.
34. (1) The Code of Conduct set out in the Fourth
Schedule shall regulate the professional practice, etiquette,
conduct and discipline of attorneys-at-law.
(2) Any attorney-at-law who breaches the Code
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Complaints to
the Committee.
[26 of 2010]
Powers of the
Committee.
[26 of 2010]
of Conduct commits an act of professional misconduct.
(3) The Chancellor may, in consultation with the
Bar Associations, amend the Fourth Schedule.
35. (1) A client or, by leave of the Committee, any
other person alleging himself aggrieved by an act of
professional misconduct, committed by an attorney-at-law,
other than 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 client or other
person, and the Registrar or any member of the Committee
may make a like application to the Committee in respect 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 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 under that subsection.
(3) Any application under the subsection (1) shall
be made to and heard by the Committee in accordance with
rules made under section 40.
36. (1) On the hearing of an application under section
35, the Committee may –
(a) dismiss the application;
(b) impose on the attorney-at-law to
whom the application relates, a fine
not exceeding two hundred thousand
dollars as the Committee thinks
proper;
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(c) reprimand the attorney-at-law to
whom the application relates; or
(d) make an order as to costs of
proceedings as it thinks fit, and in
addition, except where the application
is dismissed, the Committee may
order the attorney-at-law to pay the
applicant or person aggrieved a sum
by way of compensation and
reimbursement and any further sum
in respect of expenses incidental to
the hearing of the application and the
consideration of the report as it thinks
fit.
(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 of an application.
(3) Where the Committee is of 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 the Attorney General a
copy of the proceedings before it and its findings.
(4) Every order made under this section shall be
drawn up, settled and signed by the Registrar who shall keep
a written record of all decisions and records.
(5) Where an attorney-at-law is ordered by the
Committee to pay compensation or to make reimbursement to
an applicant or other aggrieved person, any compensation or
reimbursement may be taken 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
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Procedure on
application for
removal from
Court Roll.
[26 of 2010]
was the subject matter of the application which gave rise to
the order of the Committee.
37. (1) Where any application has been heard, the
Committee shall –
(a) where a case of misconduct has, in
their opinion, been established against
the attorney-at-law, report their
findings to the judges of the Court; or
(b) where, in their opinion, no case of
misconduct is established against the
attorney-at-law, dismiss the
application and report their findings
to the judges of the Court and may
make such recommendations in
relation to their findings as they may
think fit.
(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 of the proceedings to the judges of the
Court who shall direct whether any, and what further
proceedings shall be taken, either by way of reference back to
the Committee or otherwise.
(4) The Registrar shall, if so directed by the judges
of the Court, set down the report for consideration by the
Court constituted of not less than three judges.
(5) At the hearing by the Court, the attorney-at-law
shall be required to show cause why an order shall not be
made against him, and the Attorney-General or an attorney-
at-law nominated by him may also be heard.

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Removal from
Court Roll and
suspension from
practice by
order of Court.
[26 of 2010]

Committee
may sit in
divisions.
[26 of 2010]
(6) At the conclusion of the hearing, the Court may
make an order on the report as the Court may think fit.
38. (1) The Registrar shall make the appropriate entry
or alteration in the Court Roll and publish the appropriate
notice in the Gazette whenever the Court orders the name of
an attorney-at-law to be removed from the Court Roll or that
the attorney-at-law be suspended from practising law; where
by virtue of any law, the name of an attorney-at-law is
removed from the Court Roll or an attorney-at-law is
suspended from practising law, but where there is an appeal
against any order from which the removal or suspension
results, the Registrar shall take no action under this section
until the order has been confirmed on appeal.
(2) Where the name of an attorney-at-law is
removed from the Court Roll his practice certificate ceases to
be valid for the period of that suspension.
(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 for the period of
that suspension.
39. (1) For the purposes of hearing applications made
pursuant to section 35, the Committee may sit in more than
one division.
(2) Subject to the directions of the Committee, the
Chairman of the Committee shall determine the composition
of each division, and each division shall elect its own
Chairman from among its members:
Provided that a division shall not consist of less than five
members of the Committee.
(3) Each division shall be entitled to hear and
determine any application, and shall be entitled to exercise all
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Rules of
procedure.
[26 of 2010]
First Schedule

Filing effect
and notice of
orders of the
Committee.
[26 of 2010]
the powers of the Committee; and any hearing by or
determination or order of such division shall be deemed to be
a hearing by or determination or order of the Committee.
40. (1) The Committee may make rules –
(a) regulating the presentation, hearing
and determination of applications to
the Committee under this Act;
(b) providing for the payment of any
costs by the applicant or attorney-at-
law;
(c) prescribing the fees to be paid by an
attorney-at-law for the restoration of
his name to the Court Roll, or any
other thing which may be or is
required to be prescribed for the
purposes of this Part; and
(d) generally for the better performance
of its functions under this Part.
(2) The Rules contained in the First Schedule
shall be in force until they are revoked by rules made by the
Committee under subsection (1).
(3) For the purposes of any application made to it
under this Act, the Committee shall have the powers of the
Court to issue writs of subpoena ad testficandum or duces tecum,
and to examine witnesses and parties concerned on oath.
41. (1) Every order made by the Committee under
section 36 shall be prefaced by a statement of the Committee’s
findings in relation to the facts of the case and shall be signed
by the Chairman of the committee, or the division of the
Committee as the case may be, so, however, that if the
findings are not unanimous, dissenting opinions may be
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Appeals.
[26 of 2010]
Powers of the
Court of
Appeal.
[26 of 2010]
expressed in the statement.
(2) The Committee shall, subject to rules made
under section 40, cause a copy of every order of the
Committee to be filed with the Registrar.
(3) Every order filed pursuant to subsection (2)
shall, as soon as it has been filed, be acted upon by the
Registrar and be enforceable in the same manner as a
judgment or order of the Court to the like effect.
(4) The Registrar shall upon the filing of any
order under this Part, cause a notice stating the effect of the
operative part of the order to be published in the Gazette.
(5) The file of orders made by the Committee
may be inspected at the Registry by any person, during office
hours, on payment of the prescribed fee.
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
shall be made within the time and in the form and shall be
heard in the manner as may be prescribed by rules of the
Court of Appeal.
43. (1) The Court of Appeal may dismiss the appeal
and confirm the order or may allow the appeal and set aside
the order or may vary the 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 before the Committee and as to costs of the appeal,
as the Court of Appeal may think proper:
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
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Restoration of
name to the
Court Roll.
[26 of 2010]

Offences.
[26 of 2010]
first hearing unless new and additional information comes to
light.
(2) Where the Court of Appeal confirms the order
of the Committee, whether with or without variation, it shall
take effect from the date of the order of the Court of Appeal
confirming it.
44. (1) An attorney-at-law whose name has been
removed from the Court Roll, or who has been suspended
from practice may, subject to subsection (2), apply in writing
to the Court by petition to have his name restored to the
Court Roll, or the order of his suspension from practice
withdrawn, as the case may be.
(2) On the hearing of an application under
subsection (1), the Court may refer it to the Committee for a
report, and may, if satisfied that the applicant is a fit and
proper person to practise law, order that his name be restored
to the Court Roll, or that the order suspending him from
practice be withdrawn, as the case may be.
(3) Any order made by the Court under this
section restoring the name of an attorney-at-law or
terminating the suspension of an attorney-at-law shall be
published in the Gazette by the Registrar.
(4) Upon the publication in the Gazette of an
order made under subsection (3) and on the payment of any
fee prescribed, the Registrar shall make the appropriate entry
on the Court Roll and where appropriate restore the name of
the attorney-at-law to the Court Roll.
45. (1) If any person, whilst suspended from practice
or whose name has been struck off the Court Roll –
(a) practises law;
(b) wilfully pretends to be entitled to
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practise law; or
(c) wilfully makes use of any name, title
or description implying that he is
entitled to be recognised or to act as
an attorney-at-law,
he is guilty of an offence and is liable on summary conviction
to fine not exceeding five hundred thousand dollars and to
imprisonment for one year.
(2) If any person whilst suspended from practice,
or whose name has been struck off 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 of an offence and is liable on
summary conviction to a fine not exceeding two hundred
thousand dollars and to imprisonment for six months.
(3) No attorney-at-law shall in connection with
his practice, employ or remunerate any person who to his
knowledge is suspended from practice during the period of
the suspension, or whose name has been removed from the
Court Roll.
(4) No attorney-at-law shall wilfully or
knowingly act as an agent in any action or matter for any
person who to his knowledge is suspended from practice or
whose name has been removed from the Court Roll, or permit
or suffer his name to be used in any action upon the account
or for the profit of any such person, or does any other act to
enable any such person t act in any respect as an attorney-at-
law in any action or matter.
(5) Any attorney-at-law who contravenes
subsections (3) and (4) is guilty of professional misconduct.

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Saving of
jurisdiction.
[26 of 2010]
Annual
subscription to
the Bar
Associations.
[26 of 2010]
Cessation and
suspension of
membership.
[26 of 2010]
s.40
[26 of 2010]
Short title.
46. Nothing in this Act shall prejudice, diminish or
affect the jurisdiction which, apart from the provisions of this
Act, is exercisable by any court or any judge over attorneys-
at-law.
PART III
MEMBERSHIP OF BAR ASSOCIATIONS
47. (1) The amount of the annual subscription payable
by members of the Bar Associations shall be as fixed from
time to time by the Associations.
(2) In fixing the amount of the annual subscription,
the Bar Associations may divide members into categories,
provide that different amounts shall be paid by different
categories, provide that different categories and extend over
different periods and generally regulate and vary the
subscriptions payable by members or by different categories
of members, as the Associations think fit.
48. (1) Where the name of an attorney-at-law is
removed from the Court Roll, that attorney-at-law shall,
unless he becomes a member of the Bar Association by virtue
of some other provision of this Act, cease to be a member of
the Bar Association.
(2) A member of the Bar Association who is
suspended from practice shall not be entitled during the
period of his suspension to any of the rights and privileges of
membership of the Bar Association.
FIRST SCHEDULE
DISCIPLINARY PROCEEDINGS RULES
1. These Rules may be cited as the Legal Practitioners
(Disciplinary Proceedings) Rules.

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Secretary.
Application
and affidavits.
Forms 1 and 2.

Further
information
and documents.
No case to
answer.

Notice of
hearing.


List of
documents.
Forms 3 and 4.
2. For the purposes of these Rules, “Secretary” means
the Registrar, or the person deputed by him for the time being
to perform all or any of the duties of Secretary.
3. An application to the Committee to require an
attorney-at-law to answer allegations contained in an affidavit
shall be in writing under the hand of the applicant in Form 1
of the Schedule to these Rules and shall be sent to the
secretary, together with an affidavit by the applicant in Form
2 of the schedule to these Rules stating the matters of fact on
which he relies in support of his application.
4. Before fixing a day for hearing, the Committee may
require the applicant to supply any further information and
documents relating to the allegations as it thinks fit.
5. Where in the opinion of the Committee, the
application discloses no prima facie case of misconduct against
the attorney-at-law, the Committee may, without requiring
the attorney-at-law to answer the allegations, dismiss the
application and notify the applicant and the attorney-at-law
of the dismissal.
6. In any case in which, in the opinion of the
Committee, the application discloses a prima facie case of
misconduct against the attorney-at-law, the committee shall
fix a day for hearing, and the Secretary shall serve notice of
the meeting on the applicant and on the attorney-at-law a
copy of the application, and shall also serve on the attorney-
at-law a copy of the application and affidavit, and the notice
shall not be less than twenty-one days’ notice.
7. The notice, shall be on Form 3 or on Form 4 of the
Schedule, an shall require the applicant and the attorney-at-
law respectively to furnish to the Secretary, and to each other
a list of all documents on which they respectively propose to
rely, and the lists shall, unless otherwise ordered by the
Committee, be furnished by the applicant and attorney-at-law
respectively at least fourteen days before the day of the
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Inspection of
documents.

Absence of
parties.


Affidavit
evidence.

Appearance
before
Committee.
Examination of
witnesses.
Attendance of
witnesses.
hearing.
8. Either party to inspect the documents included in
the list furnished by the other, and a copy of any other
document mentioned in the list of either party, shall on the
application and at the expense of the party requiring it, be
furnished to that party by the other within three days after
the receipt of the application.
9. If either or both parties failed to appear at the
hearing, the Committee may, upon proof of service of the
notice of hearing, proceed to hear and determine the
application in his or their absence.
10. The Committee may in their discretion, either as
to the whole case or as to any particular facts, proceed and act
upon evidence given by the affidavits:
Provided that any party to the proceedings may require a
deponent to any such affidavit to be summoned to appear
before the Committee, unless the Committee is satisfied that
the affidavit is purely formal and that the requirement of the
appearance of the deponent is made frivolously.
11. At the hearing of an application by the Committee
either party may appear in person or by an attorney-at-law.
12. Witnesses shall be sworn or their affirmation taken
by the Secretary of the Committee and witnesses, including
the parties, shall be subject to examination and cross
examination as nearly as possible as if they were witnesses in
an ordinary action.
13. (1) Either party may apply to the Committee to
obtain the attendance of a witness before the Committee, and
the Committee may, if it thinks fit, authorise the Secretary to
issue writs of subpoena ad testfiicandum or duces tecum requiring
the attendance of any witnesses before the Committee.

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Form 5.

Notice of date
of findings.
Privacy of
hearing.

Adjournment.

Withdrawal of
application.
Notes of
proceedings.
(2) Before a writ is issued any party so applying
shall deposit with the Secretary of the Committee whatever
sum may be fixed by the Committee to defray the expenses of
the witness to and from the place where the application is
being heard.
(3) No person shall be compelled to produce any
document which he could not be compelled to produce in the
trial of an action.
(4) A subpoena issued by the Committee under
section 40 or under this Rule may be on Form 5 of the
Schedule to these rules with such variation as the case may
require.
14. If the findings and order of the Committee are not
pronounced at the date of hearing, notice shall be given to the
parties of the date when the findings and order will be
pronounced.
15. The Committee shall hear all applications in
private.
16. The Committee may of its on motion, or upon the
application of either party, adjourn the hearing upon such
terms as the Committee thinks fit.
17. (1) No application shall be withdrawn after it has
been sent to the Secretary, except by leave of the Committee,
and such leave may be granted subject to the terms as to cost
or otherwise as the Committee thinks fit.
(2) An application for leave to withdraw shall be
made on the day fixed for the hearing, unless the Committee
otherwise directs.
18. Notes of proceedings shall be taken by the
Secretary or other person appointed by the Committee, and
any party who appear at the proceedings shall be entitled to
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Service.
Extension of
time.
Exemption
from stamp
duty.
Privileges and
immunities.
Costs.
Powers of the
Committee.
inspect the original or a copy of the notes, and every person
entitled to be heard upon an appeal against the order of the
Committee shall be entitled to a copy of the notes on the
payment of the charges prescribed by the Committee.
19. Service of any notice or document required by
these rules may be effected by registered letter addressed to
the last known place of abode or business of the person to be
served and proof that such letter was so addressed and
posted shall be proof of service.
20. Notwithstanding anything to the contrary the
Committee may extend or abridge the time for doing
anything under these Rules.
21. No stamp duty shall be paid on any document and
no fee shall be taken by the Registrar in respect of any
proceedings under this Part.
22. Attorneys-at-law and witnesses shall have the
same privileges and immunities in relation to hearings on
applications under this Act as in any Court of law.
23. Upon the hearing or determination of any
application the Committee may, without finding any
misconduct proved against the Attorney-at-law, nevertheless
order him to pay the costs of the proceedings if having regard
to his conduct and to all the circumstances of the case, it shall
seem just for the Committee so to so do.
24. The Committee may dispense with any
requirements of the Rues respecting notices, affidavits,
documents, service or time wherever it appears to the
Committee to be just so to do.
________________

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r.3
(1) Insert full
name, address
and occupation
(2) Insert full
name and last
known address.
FORM 1
FORM OF APPLICATION AGAINST AN
ATTORNEY-AT-LAW
To the Legal Practitioners Committee constituted under
the Legal Practitioners Act, Chapter 4:01.
In the matter of ...........................................................,
Applicant and .............................................................. an
Attorney-at-Law.
AND
In the matter of the Legal Practitioners Act, Cap. 4:01.
I, the undersigned (1)....................... of
............................................................... hereby make
application that (2) .............................................. of
.............................................., an attorney-at-law, may be
required to answer the allegations contained in the
affidavit which accompanies this application.
I make this application on the ground that the matters of
fact stated in the said affidavit constitute conduct
unbecoming of his/her profession on the part of the
said...................................................... in his/her capacity as
an attorney-at-law.
In witness whereof I have hereunto set my hand this
.................................... day of .........................................., 20....
..............................................
(Signature)
___________________

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(1) Insert full
name, address
and occupation.

(2) Insert
occupation.
(3) Insert full
name and last
known address.
FORM 2
FORM OF AFFIDAVIT BY APPLICANT
In the matter of........................................................ Applicant
and ........................................................., an Attorney-at-law.
AND
In the matter of the Legal Practitioners Act, Cap. 4:01.
AFFIDAVIT
I, (1)............................................ of................................ make
oath and say as follows:
1. I am a (2).................................... and the applicant
herein.
2. The above named (3).................................................. of
......................................................... attorney-at-law, has
been employed by me in a professional capacity (state
period of time)
3. The complaint I make against the attorney-at-law is
that ........................................................... (state concisely the
facts complained of and grounds of compliant in numbered
paragraphs).
...............................................
(Signature)
Sworn to at Georgetown, Guyana,
this ................... day of ........................., 20.........
BEFORE ME
......................................................
A COMMISIONER OF OATHS TO AFFIDAVITS

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r.7
_____________________________
FORM 3
FORM OF NOTICE BY COMMITTEE TO APPLICANT
Complaint No. ...........................of 20....
In the matter of.............................................................., Applicant
and............................................................................an Attorney-at-law.
AND
In the matter of the Legal Practitioners Act, Cap. 4:01.
To........................................of.............................................................
The....................day of....................................., 20......is the day fixed for
the hearing of your application by the Legal Practitioners Committee
constituted under the Legal Practitioners Act, Chapter 4:01.
The Committee will sit at..................................................(place)
at.....................o’clock in the........................noon. You may appear in
person, or by an attorney-at-law. If you fail to appear the Committee
may, in accordance with the Rules made under the Legal
Practitioners Act, Chapter 4:01, proceed in your absence.
You are requested by the Rules under the Legal Practitioners Act,
Chapter 4:01 to furnish to the said........................................................
(Attorney-at-law) and to the Secretary of the Committee, at least
fourteen days before the said................................day........................of
........................20....a list of all documents on which you propose to
rely.
Either party may inspect the documents included in the list
furnished by the other, and a copy of any document mentioned in
the list of either party must, on the application and at the expense
of the party requiring it, be furnished to that party by the other
within three days after receipt of the application.
You are requested to acknowledge the receipt of this Notice
without delay.
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r. 7
Dated the................................day of..............................., 20.....
..........................................................
Secretary
Legal Practitioners Committee
________________________
FORM 4
FORM OF NOTICE BY COMMITTEE TO
ATTORNEY-AT-LAW
Complaint No. .......................of 20.....
In the matter of..........................................................., Applicant
and................................................................, an Attorney-at-law.
AND
In the matter of the Legal Practitioners Act, Cap. 4:01.
To...................................of.....................................Attorney-at-law.
Application has been made by.....................................................of
............................................to the Legal Practitioners Committee
constituted under the Legal Practitioners Act, Chapter 4:01 that you
may be required to answer the allegations contained in the affidavit
a copy whereof accompanies this Notice.
The Committee will sit at....................(place) at.........o’clock in
the.............................noon. You may appear in person, or by an
attorney-at-law. If you fail to appear the Committee may, in
accordance with the Rules made under the Legal Practitioners Act,
Chapter 4:01, proceed in your absence.
You are required by the Rules made under the Legal Practitioners
Act, Chapter 4:01, to furnish to the applicant and to the Secretary of
the Committee, at least fourteen days before the day fixed for
hearing, a list of all the documents on which you propose to rely.
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r. 13
Either party may inspect the documents included in the list
furnished by the other and a copy of any document mentioned in the
list of either party shall, on application and at the expense of the
party requiring it, be furnished to that party by the other within
three days after receipt of the application.
You are requested to acknowledge the receipt of this Notice without
delay.
Dated..............................the day of........................................, 20.....
..........................................................
Secretary
Legal Practitioners Committee
________________________
FORM 5
FORM OF SUBPOENA AD
TESTIFICANDUM OR DUCES TECUM
Complaint No. ....................of 20.....
In the matter of..........................................................., Applicant
and................................................................, an Attorney-at-law.
AND
In the matter of the Legal Practitioners Act, Cap. 4:01.
(1) Insert name
and address of
witness.
To (1)............................................................................
You are hereby commanded to attend before the Legal
Practitioners Committee constituted under the Legal
Practitioners Act, Chapter 4:01 at
.....................................(place) on the..............day of
......................................., 20.... at the hour of............
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s. 14
20 of 1966A.
(2) If it is duces
tecum
o’clock in the.............noon, and so from day to day
until the application in the above matter is heard, to
give evidence
on behalf of [(2) and you are required to bring with
you and produce at the time and place
aforesaid......................................................................
(Specify the books or documents to be produced).]
Dated..............................the day of........................................, 20.....
..........................................................
Chairman
Legal Practitioners Committee
________________________
SECOND SCHEDULE
FORM 8
In the High Court of the Supreme Court of Guyana,
Notice of and grounds of appeal.
In the matter of section 17 of the Legal Practitioners
Act.
And in the matter of the decision of the Registrar of
the Supreme Court.
Between
A.B. Appellant
and
C.D. (The Registrar of the Supreme Court)
Respondent
1. Take notice that the above-named Appellant
intends to appeal against the decision of the Registrar of the
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s. 14
20 of 1966A.
Supreme Court who has declared the Appellant to be a tout
by publication in the official Gazette of the ..............day
of................., 20.................
2. And that the following are the Grounds of Appeal:
(Here set out briefly the grounds of appeal)
3. And further take notice that you are required to
attend before a Judge in Chambers at.......... on ..................day,
the ..................day of..............., 20......, at 9.00 o’clock in the
forenoon on the hearing of the said appeal, and that if you do
not attend in person or by an attorney-at- law at the time and
place mentioned, such order will be made and proceedings
taken as the Judge may think just and expedient.
Dated this .......................day of ....................... 20..........
(Signed) A.B.
Appellant or
Attorney-at-law for Appellant
_________________
THIRD SCHEDULE
TABLE OF FEES AND COSTS PAYABLE TO THE
REGISTRAR
$ c
1. Filing notice and grounds of appeal 65.00
2. Filing affidavit of service or other
document
65.00
3.Attendance at Hearing including
Certificate of costs
195.00
PAYABLE TO ATTORNEY-AT-LAW
4. Drawing notice and grounds
of appeal
65.00 to 325.00
5. Drawing affidavit of service 65.00
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[26 of 2010]
s. 34
6. Drawing necessary
application
65.00 to 195.00
7. Appearance at Hearing
(1) of any application
(2) of an appeal
650.00 to 1,625.00
8. Copies of any document
required for the use of the
Court per folio of 120 words
65.00
__________________
FOURTH SCHEDULE
CODE OF CONDUCT
PREAMBLE
This code of Conduct is intended to lay down minimum standards to
which attorneys-at-law are required to adhere. Its promulgation is
not intended to deny the existence of such other duties and rules of
conduct at the Bar as were extant immediately before our attainment
of independence on 26th May, 1966, and which, unless specifically
varied by legislation, are deemed to be continuing and are to be
equally observed with this Code. Where an attorney-at-law is in
doubt on any matter touching professional conduct or where he
requires ethical guidance he should immediately get in touch with
the Secretary of the Bar Association. The underlying aim is that an
attorney-at-law should at all times conduct himself in a manner that
promotes public confidence in the integrity and efficiency of the
legal system and the legal profession.
Integrity and judicial independence are the twin pillars of justice.
RULE 1 – CONFIDENTIALITY
1. An attorney-at-law shall so arrange his business and office
to ensure that his clients’ affairs are treated with the utmost
confidence.
2. Every attorney-at-law has a duty to hold in strict confidence
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all information received in the course of the professional
relationship from or concerning his client or his client’s
affairs and this information should not be divulged by an
attorney-at-law unless he is expressly or impliedly
authorised by his client to do so.
3. The duty of confidentiality survives the professional
relationship and continues indefinitely after the attorney-at-
law has ceased to act for the client whether differences may
have arisen between them or not.
4. The duty of confidentiality enjoins an attorney-at-law to
avoid indiscreet conversations, even with his spouse or
family about a client, or his affairs and he should shun
gossiping about such things even though the client is not
named or otherwise identified.
5. The relationship of client and attorney-at-law compels the
latter to eschew personal intimate relations with clients.
6. An attorney-at-law shall not use undue influence on a client
to obtain a gift under his client’s will or testamentary
instruments, neither shall the attorney-at-law in any way
exploit the confidential relationship for making personal
profits or investments by himself or by those acting through
him.
RULE II – RULE OF LAW
1. All attorneys-at-law shall be deemed to subscribe to the rule
of law, which they shall use as an unalterable and
fundamental guide in the conduct of their professional
affairs.
2. Every attorney-at-law shall encourage public respect for
and strive to improve the administration of justice.
3. Any criticism by an attorney-at-law of the system of justice
or its functionaries must be reasoned and soundly based.
Attorneys-at-law shall avoid criticisms that are petty or
intemperate.
4. Attorneys-at-law shall not subvert the law by counselling or
assisting in activities which are in defiance of it, nor do
anything to diminish the respect and confidence of the
public in the legal system of which they are a part.
5. Attorneys-at-law shall refrain from making irresponsible
allegations of corruption or partiality that may tend to
weaken or destroy public confidence in legal institutions.
6. Attorneys-at-law shall obey and show respect for the law.
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RULE III – INTEGRITY
1. Attorneys-at-law shall discharge their duties to courts of
law, their clients, members of the public and their
professional colleagues with integrity.
2. Neither in his private nor in his professional activities shall
there be dishonest conduct on the part of the attorney-at-
law.
3. A legal opinion should be given frankly based on an
objective consideration of facts and fair judgment, and
should not be influenced by interests of the client.
4. Honesty, honour and reliability are the fountainheads of
integrity.
RULE IV – CONFLICT OF INTEREST
1. An attorney-at-law shall not devise or represent more than
one interest in a matter nor shall he act or continue to act in
a matter when there is or is likely to be a conflicting
interest; which includes but is not limited to the financial
interest of attorney-at-law or his associate, and the duties
and the loyalties of the attorney-at-law to any other client or
prospective client, including the obligation to communicate
information.
2. An attorney-at-law shall make adequate disclosure to the
client so that he may make an informed decision as to
whether he wishes the attorney-at-law to act for him
despite the presence or possibility of conflicting interest.
3. When acting for more than one side, the attorney-at-law
shall inform the parties that no information received in
connection with the matter for or from any one side can or
will be treated as confidential as far as any of the others
may be concerned and that if a conflict develops he cannot
continue to act for any of them, and he will have to
withdraw completely.
4. It shall not be improper for any attorney-at-law to act
against a former client in a fresh and independent matter
wholly unrelated to any work he has previously done for
that person.
5. The burden of establishing the disclosure of conflict of
interest shall be on the attorney-at-law.
6. An attorney-at-law engaged wholly or partly at the criminal
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Bar shall not accept membership on the Police Service
Commission.
7. An attorney-at-law who is an official of a company or
corporation or any other organisation (herein a body) shall
not accept a brief against the body, or in favour of a
member of the body against another member of the body in
respect of a dispute arising out of their common
membership.
8. An attorney-at-law who engages in another profession,
business or occupation concurrently with the practice of
law shall not allow such outside interest to jeopardize his
professional integrity, independence or competence.
RULE V – COMPETENCE
1. An attorney-at-law shall not accept a brief in a matter or
field in which he does not have the requisite expertise,
knowledge, skill or ability to effectively and properly
represent the interest of his client.
2. An attorney-at-law must be alert to recognise his lack of
competence for a particular task and the disservice he will
do his client if he undertook such a task. Should the client
insist on his retention, the attorney-at-law shall inform the
client that he must consult and collaborate with an
attorney-at-law who is competent in that field.
3. An attorney-at-law shall perform all the work and services
which he undertakes on behalf of his client in a competent
manner, providing a quality of service at least equal to that
of a competent legal practitioner in a like situation.
4. An attorney-at-law who displays incompetence does his
client a disservice, brings discredit on his profession and
may bring the administration of justice into disrepute.
5. Without derogating from the generality of the foregoing
rules, an attorney-at-law shall: (a) keep his client reasonably
informed; (b) do work for which he is retained promptly
and not belatedly so that its value to his client is
diminished; (c) avoid slipshod work, such as mistakes or
omissions in statements or documents prepared on behalf
of his client; (d) inform his client properly of proposals for a
settlement or determination of a matter; (e) avoid
misleading a client as to the position of a matter in order to
cover up his neglect or mistakes; and (1) refrain from taking
on cases in the High Court without personally appearing or
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making adequate arrangements for the client’s
representation.
RULE VI – ADVERTISEMENTS
1. Advertising professional legal service in or through any
medium is strictly forbidden. Advertising is incompatible
with the honour of the profession and can be detrimental to
the public interest. Brief announcements of a change in
address or telephone numbers are permitted.
2. An attorney-at-law shall not compensate a reporter or
otherwise pay to have his name included in the report of a
case, or other legal matter that he is handling.
3. The foregoing prohibition extends also to law firms, and
each individual attorney-at-law connected with the erring
firm shall be deemed to have transgressed these Rules,
unless he can establish that the same was done without his
knowledge, consent or participation.
4. An attorney-at-law may use the following letterheads,
cards, office signs or legal and directory listings, and no
other, in a restrained and dignified form –
(i) a letterhead and professional card identifying the
attorney-at-law by name and as an attorney-at-
law, giving his decorations and degrees (legal or
otherwise), his addresses, telephone numbers and
the name of his law firm or professional associates,
provided that such cards are not published in the
news media and are only handed out on request;
(ii) a sign on or near the door of the office, and in the
building directory identifying the law office,
provided that it is of a size and design compatible
with the existing practice of the profession;
(iii) a listing in a telephone directory, a reputable law
firm list, legal directory or biographical reference
giving brief relevant information and not
calculated to attract clients to himself or his firm.
5. An attorney-at-law may permit limited and dignified
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identification of himself as an attorney-at-law:
(i) in public notices where the announcement of his
professional status is required or authorised by
law;
(ii) in or on legal textbooks, articles or publications
and in advertisements thereof;
(iii) in announcements of any public address or lecture
by him on legal topics, provided that such
announcement do not emphasise his own
professional competence and are not likely to be
regarded as being concerned with giving of
individual advice by him.
6. An attorney-at-law shall not solicit an appearance on radio
or television or any public forum in his professional
capacity as an attorney-at-law or attempt to use any
appearance as a means of professional advertisement.
7. An attorney-at-law shall not offer generally to provide legal
services at reduced rates for the purpose of attracting
clients.
8. The provisions of this rule shall not prevent such
reasonable advertising as may be necessary to bring to the
attention of underprivileged persons, the existence of Legal
Aid facilities or organisations engaged in the provision of
such facilities as may be approved by the Bar Association.
RULE VII – ADVOCACY
1. Attorneys-at-law shall respectfully bow to all Courts in
session on entering and leaving them and on the occasion of
the presiding Judge or Magistrate entering or leaving the
Court.
2. When an attorney-at-law is appointed a Judge or a
Magistrate, he shall conduct himself with dignity on the
Bench displaying good manners, humility, patience,
detachment and a respectful attitude towards other
participants in the trial, avoiding arrogance and pomposity.
3. An attorney-at-law shall treat the Court with courtesy and
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respect, while representing his client resolutely, honourably
and within the limits of the law.
4. Attorneys-at-law have a duty to their clients to fearlessly raise every issue, advance every argument and ask every
question, however distasteful, which they think will help
their client’s case; they should endeavour to obtain for their
client’s benefit any and every remedy and set up any
defence which is authorised by law and in a manner
consistent with their duty to treat the Court with candour,
fairness, courtesy and respect.
5. Attorneys-at-law shall not indulge in angry verbal
exchanges in Court, even if made soto voce. All objections
shall be addressed to the Court and not to fellow attorneys-
at-law.
6. Attorneys-at-law shall not conceal documents that their
opponents are entitled to see.
7. It is prohibited for attorneys-at-law to engage in abusive or
threatening language and physical attacks in Court or out
of Court.
8. An attorney-at-law shall always stand when addressing the
Court. Where an attorney-at-law is being addressed by a
Judge or Magistrate he shall stand at the Bar Table. It is not
permissible for either to use language that is not courtly or
Parliamentary, nor to shout.
9. It is forbidden for an attorney-at-law to appear in any Court
in a state of intoxication.
10. An attorney-at-law shall not abuse, intimidate,
inconvenience or harass a witness; intemperate cross –
examination or the abuse of the privilege of advocacy to
insult, annoy or degrade a witness is impermissible.
11. Where an attorney-at-law discovers that he has
unknowingly done or failed to do something which, if done
or omitted knowingly, would have been in breach of these
Rules, his duty to the Court requires him to disclose the
error or omission and do what he reasonably can to rectify
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it.
12. If a client desires that a course can be taken which involves
the breach in these Rules, the attorney-at-law shall refuse
and shall do everything possible to prevent it.
13. When an attorney-at-law is engaged as a prosecutor, his
prime duty is not to seek to convict, but to place the facts
dispassionately before the Court, and to see that justice is
done through a fair trial upon the merits. It is the duty of a
Defence Counsel to employ every lawful means to secure
an acquittal of his client.
14. An undertaking given by an attorney-at-law to a Court or
another attorney-at-law in the course of litigations shall be
strictly and scrupulously carried out. His undertaking is his
personal promise and responsibility.
15. An attorney-at-law has a duty to prepare and present his
client’s case thoroughly and efficiently.
RULE VIII – CONDUCT OF THE CASE
1. Attorneys-at-law in whatever capacity they appear in the
judicial system owe it, as a matter or courtesy to others, to
be punctual. Habitual late attendance is improper.
2. It is improper for an attorney-at-law conducting a
prosecution to exclude or attempt to exclude from evidence
previous statements that vitally contradict his witness’s
testimony, and Judges and Magistrates are expected to
condemn this exercise strongly.
3. An attorney-at-law has a special duty not to advise or assist
in the violation of the law. Likewise, he shall not knowingly
assist or permit his client to say anything which the
attorney-at-law knows to be dishonest or dishonourable.
4. When advising his client, an attorney-at-law shall not
knowingly assist or encourage any dishonesty, fraud, crime
or illegal conduct or instruct his client to violate the law or
how to avoid punishment. He shall be on his guard against
becoming the tool or dupe of an unscrupulous client or
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those who are associated with that client.
5. An attorney-at-law who appears in a matter, in which
another attorney-at-law was previously acting, is obliged to
inform the latter of his appearance in the matter.
6. An attorney-at-law shall not attempt to intervene in a case
for which another attorney at law has been retained. An
attorney-at-law should not unreasonably interfere with the
desire of his client to have another attorney at law
participate in the case.
7. By his oath, an attorney-at-law is required to appear for
clients for whom he has been retained, regardless of their
political affiliations and notwithstanding the connection of
the cause or matter with politics. When an attorney at law
so appears, he is entitled as of right to be treated with the
same courtesy as in cases which do not have political
overtones.
8. An attorney-at-law shall not, without good reason, decline
matters which have been referred to him by Government
authorities. A court – appointed Defence Counsel shall not
attempt to be retained by the defendant as private counsel
in connection with the same case
9. An attorney-at-law, whether for the prosecution or defence,
shall not endeavour or suffer anyone else to endeavour,
directly or indirectly, to influence the decision or action of
Court or any of its officials in any case or matter, whether
by bribery, personal approach or any means other than
open persuasion as an advocate.
10. An attorney-at-law shall not coach witnesses.
11. An attorney-at-law shall not attempt to deceive a Court or
influence the course of justice by offering false evidence,
knowingly misstating facts or law, presenting or relying
upon a false or deceptive affidavit, suppressing what ought
to be disclosed or assisting in fraud, crime or illegal
conduct.
12. An attorney-at-law shall not knowingly misstate the
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contents of a document, the testimony of a witness, the
substance of an argument or the provisions of a statute, or
like authority.
13. It is the duty of every attorney-at-law to cite relevant
authorities to the Court, and not to conceal or knowingly
suppress any authority that is or may be against his
proposition.
14. An attorney-at-law shall not dissuade a material witness
from giving evidence or advise such a witness to absent
himself, nor shall he knowingly assist a witness to
misrepresent himself or impersonate another.
15. An attorney-at-law shall not express his personal opinions
or beliefs in the conduct of a case. He shall not in effect
make himself an unsworn witness. If he becomes a
necessary witness in a case, the case shall be entrusted to
another attorney-at-law.
16. Attorneys-at-law who are elevated to Judicial or Magisterial
office shall discharge their duties by giving prompt
decisions; in the case of the former, within the time
prescribed by the statue; and in the case of the latter, within
a reasonable time.
17. Any attorney-at-law who has served as a Magistrate shall
not, upon embarking or resuming private practice, accept a
brief or appear for any party in a matter which has been
previously called before him while he serves as a
Magistrate.
RULE IX – CLIENTS’ INTEREST
1. An attorney-at-law owes a duty to his clients to keep in
safe-keeping any of his clients’ property that is entrusted to
him; and he shall take the same care of such property as a
careful and prudent man would take of his own property of
a like kind.
2. An attorney-at-law shall keep adequate records of clients’
property in his possession, and upon request, he shall
promptly account for or deliver it or to the order of his
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client.
3. Documents such as wills and minute books shall be treated
by attorneys-at-law with the same reserve as confidential
information.
4. An attorney-at-law shall only withdraw his service from his
client for good cause and upon appropriate notice to his
client.
5. An attorney-at-law who is deceived by his client shall have
justifiable cause for withdrawal.
6. Upon withdrawal and due discharge of such reasonable
fees as the attorney-at-law may have charged, he shall
deliver to or to the order of his client all papers and
property to which his client is entitled, give to his client all
the information that he may require in connection with the
case or matter; and co-operate with the attorney-at-law who
succeeds him to facilitate the orderly transfer of the case or
matter to him.
7. Unless warranted by special circumstances, an attorney-at-
law shall not contact or negotiate directly with the opposite
party who is represented by an attorney-at-law, without the
consent of such attorney-at-law.
RULE X – RELATIONS WITH FELLOW
ATTORNEYS-AT-LAW
1. The conduct of an attorney-at-law towards other attorneys-
at-law shall be characterized by respect, courtesy and good
faith.
2. Any ill feeling which may exist or be engendered between
clients, particularly during litigation, shall not influence
attorneys-at-law in their conduct and demeanour towards
each other or the parties.
3. Attorneys-at-law shall answer with reasonable promptness
all professional letters and communication from other
attorneys-at-law, which require answers, and they shall be
punctual in fulfilling all commitments.
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4. Attorneys-at-law shall avoid ill-considered or uninformed
criticism of the competence, conduct, advice and charges of
other attorneys-at-law.
5. Assistance and advice in a matter of law and procedure
from one attorney-at-law to another attorney-at-law shall be
readily available on request by another attorney-at-law,
subject to any interest the requesting attorney-at-law may
have in the cause or matter.
6. Before accepting a retainer to act as a substitute or successor
attorney-at-law, an attorney-at-law shall properly satisfy
himself that the predecessor attorney-at-law has withdrawn
or has been duly discharged by the client, and the successor
attorney-at-law shall not embark on the retainer unless
outstanding fees for work done have been settled with or
secured to the attorney-at-law from whom he is taking
over.
7. Only when the trial or hearing is in progress and the client
shall be otherwise prejudiced, is an attorney-at-law allowed
to substitute for another where fees to the latter have not
been settled or satisfied.
8. Unless otherwise directed by the Bar Association, an
attorney-at-law in Court shall hold a brief of an absent
attorney-at-law on request and do all that is reasonable to
assist his absent colleague. He shall report or cause a report
of his intervention in Court to be promptly reported to his
colleague.
9. An attorney-at-law shall not attempt to influence the
attorney-at-law for the opposite side by offering a benefit in
connection with the case.
RULE XI – PUBLIC LAW OFFICERS
1. An attorney-at-law, regardless of which public office he
holds, shall bring to the discharge of his duties the same
high standards of conduct which he is required to observe
as an attorney-at-law in private practice.
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2. Unless an attorney-at-law has given cause for treatment to
the contrary, his word shall be accepted as his honour.
3. The acceptance of public office shall in no way militate
against an attorney-at-law, treating with those in private
practice with respect, courtesy and good faith; and vice-
versa.
4. An attorney-at-law who holds public office qua attorney-at-
law shall not allow his personal or other interest to conflict
with the proper discharge of his official duties.
5. An attorney-at-law holding public office qua attorney-at-
law shall not engage in private practice as a legal
practitioner.
6. Confidential information acquired by an attorney-at-law by
virtue of his holding public office shall be kept confidential
and shall not be divulged or used by him merely because he
has ceased to hold the office.
7. Attorneys-at-law performing judicial or magisterial
functions shall not adjudicate in cases in which they have
an interest or are personally connected with one of the
leading parties involved in the case.
RULE XII – APPEARANCE
1. In the Supreme Court, attorneys-at-law shall always be
attired in sober colours. The standard accepted colours shall
be black, dark blue or grey. Trousers shall always be of full
length, and jacket shall always be of long sleeves. The
material chosen shall be good quality. White shirts for
attorneys-at-law are approved.
2. Attorneys-at-law shall always appear in Court neatly
attired, tidy and clean.
3. Attorneys-at-law shall always wear close fitting shoes (with
socks or stockings) in Court. Except for medical reason,
sandals of any kind and yachting or track shoes shall not be
worn in Court. Footwear shall also be of sober colour.
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4. If a saris or shalwar is worn, it shall be of sober colour.
5. Courts shall have the right to refuse to hear attorneys-at-
law who are not properly attired.
6. Attorneys-at-law shall conform to the practice directions
given from time to time by the Chancellor as to attire in
Court.
RULE XIII - TOUTING
1. “Tout” shall bear the same meaning set out in the Legal
Practitioners Act.
2. An attorney-at-law who is connected with touting or who
associates with touts shall be deemed unfit to practise as an
attorney-at-law.
3. Attorneys-at-law shall not permit known touts on their
premises or in their offices
4. An attorney-at-law who becomes aware, or reasonably
suspects that a person who, not being entitled to practise as
an attorney-at-law or not being a public officer acting in
execution of his duty, for or in expectation of a fee, gain or
reward, draws or prepares or offers to draw or prepare any
legal document other than a will, shall be obliged to report
the same properly to the Bar Association.
5. An attorney-at-law shall not speak derogatorily of another
attorney-at-law in good standing; nor shall he, by
disparaging remarks or otherwise of another attorney-at-
law, seek to attract clients to himself in preference to that
other attorney-at-law.
6. An attorney-at-law shall not solicit retainers or briefs in any
manner; nor shall he give any inducement to have his
services retained.
7. Attorneys-at-law shall avoid giving confident assurance to
clients or potential clients as to the results of a case or
matter, more especially when his retainer depends on his
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advising his client or potential client in a particular way.
RULE XIV – PROHIBITED BUSINESS
Practising attorneys-at-law shall not engage in or be associated
with any illegal, disreputable or unsuitable business or
transactions.
RULE XV – BAR ASSOCIATION
1. An attorney-at-law shall promptly respond to a request
from a Bar Association or committee or agent for comments
or information on matters raised by the Bar Association
with him.
2. An attorney-at-law shall not practise as an attorney-at-law
unless he has been issued a practice certificate by the
Commissioner General in accordance with the provisions of
section 39 of the Tax Act.
RULE XVI – FUNDS
1. All moneys received by attorneys-at-law for their clients
shall be scrupulously accounted for.
2. An attorney-at-law shall promptly notify his client of the
receipt of any property of or relating to his client unless he
is satisfied that his client is aware that it has come into his
custody.
3. Attorneys-at-law shall promptly discharge and pay out
costs, damages, judgments, or other disbursements on
behalf of their clients from moneys received by them or on
behalf of their clients.
4. Attorneys-at-law shall keep adequate records of their
clients’ moneys that come in their custody; and shall always
keep such money in a bank in a separate account from their
own.
5. (i) An attorney-at-law may make arrangements with his
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client for contingency fees which depends on the outcome
of a claim in legal proceedings and which entitle the
attorney-at-law to a fixed percentage of the damages or
other amount received or recovered for the client, in
addition to any costs awarded by the Court or agreed to in
settlement of a claim.
(ii) An arrangement shall be in writing and shall be signed
by the client, who shall be given a copy thereof upon
request. The percentage agreed may be between 20% and
30% and shall not exceed 30%.
RULE XVII – DISCIPLINE
1. An attorney-at-law who suffers a conviction involving
moral turpitude shall be disqualified from practising at the
Bar.
2. An attorney-at-law who is declared an insolvent shall be
disqualified from practising at the Bar, but may apply to the
High Court to restore his right to practise if he is
discharged.
3. An attorney-at-law shall promptly answer reports from the
Legal Practitioners Committee established under this Act,
and ensure his punctual attendance before the Committee
when he is requested to attend.
4. Except where otherwise stated, a breach of any of the
foregoing rules of conduct shall render an attorney-at-law
liable to a reprimand, a fine not exceeding two hundred
thousand dollars, suspension from practice for a period not
exceeding six months and disbarment from practice.
5. Before being found in breach of any rule of the Code of
Conduct for legal practitioners, an attorney-at-law shall be
afforded and opportunity to exculpate himself from any
charge thereto before the Legal Practitioners Committee.
6. An attorney-at-law duly found in breach of the Code of
Conduct for attorneys-at-law shall have a right of appeal to
the Court of Appeal.
LAWS OF GUYANA
56 Cap. 4:01 Legal Practitioners Act
L.R.O. 1/2012
RULE XVIII – TORTURE, etc.
1. (i) A defence attorney-at-law representing a person who
alleges that he has been subject to torture or a cruel,
inhuman or degrading treatment or punishment while
detained by any authority and for any cause should be
prepared to raise such allegations before the competent
authorities, unless instructed to the contrary by his client.
(ii) If the client wishes to have such allegations raised, the
attorney-at-law must do so fully and fearlessly. He should
take a detailed statement from his client and present to the
Court of competent authority all the evidence or
information to substantiate the allegations and the use of all
procedures available to obtain protection and an
appropriate remedy for his client.
2. A prosecuting attorney-at-law has a personal duty to
introduce as evidence in any proceedings only those
statements which he honestly believes are freely made and
obtained without the use of torture or other cruel, inhuman
or degrading treatment or punishment. In case of any
doubt, the prosecution must reject the statement.
3. Attorneys-at-law in government service should do all they
can in their official capacity to promote the incorporation of
the Standard Minimum Rules for the Treatment of
Prisoners into the law of the jurisdiction and to see that the
rules and all standards relating to the treatment of detained
persons are observed and enforced and that the violations
thereof are subject to disciplinary action or criminal
prosecution.
4. (i) All attorneys-at-law, both individually and through
their professional associations, should give their full
support to attorneys-at-law carrying out the obligation of
this Code.
(ii) They should insist before the competent authorities that
this rule be respected and observed and especially at the
highest level of their professional organisations, they
should come to the aid of any attorney-at-law victimised or
penalised for adhering to the principles of this rule.
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(iii) Those affected by this rule have an obligation to inform
the proper national and international bodies of those
activities, which are indirect contravention of the provisions
of this rule, and in gross violation of human rights, as
described in the United Nations Declaration on the
Protection of All Persons From Being Subjected to Torture
and Other Cruel, Inhuman or Degrading Treatment or
Punishment. If necessary as a last resort, they should make
such information publicly known.
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LAWS OF GUYANA
58 Cap. 4:01 Legal Practitioners Act
L.R.O. 1/2012
O. 41 of 1983
Citation.
Recognition of
qualifications
for admission
to practise law.
SUBSIDIARY LEGISLATION
_________________

made under section 4(4)
1. This Order may be cited as the Legal Practitioners
(Recognition of Qualifications for Admission to Practise)
Order.
2. Notwithstanding the provisions of section 3 of the
Council of Legal Education Act and Paragraph 1 of Article 6
of the Agreement, any national who, on or before 31st
December, 1980, satisfied the requirements of any course of
legal training which immediately prior to the entry in force of
the Agreement would have constituted qualification for
admission to practise law in Guyana is hereby declared to be
recognised as professionally qualified for admission to
practise law in Guyana.
3. In this Order “national” has the same meaning as in
Article 6(2) of the Agreement.
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