Legal profession Act


Published: 1972-01-03

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LEGAL PROFESSION

THE LEGAL PROFESSION ACT

ARRANGEMENT OF SECTIONS

PART I. Preliminaly
1. Short title.

2. Interpretation.

PAR? TI. General Legal Council and enroltnenr andpractice
in the Legal Profession

3. General Legal Council and its hnctions.

4. Registrar to keep Roll of attorneys-at-law.

5. Status of attorney-at-law and practice as a lawyer.

6. Qualification for enrolment.

7. Legal officers deemed to be attorneys ex officio.

8. Penalty for unlawfil practice.

8A. Admission to practice gained by fraud or misrepresentation.

PART 111. Legal Education

9. Arrangements for legal education.

10. Power to make regulations.

PART IV. Discipline

1 1. Disciplinary Committee.

12. Complaints to Committee.

12A. Power to suspend filing of orders.

12B. Committee may hear applications pending criminal proceedings.

13. Power of Disciplinary Committee to sit in divisions.

14. Rules of procedure.

15. Filing, effect and notice of orders made and directions given by the
Committee.

16. Appeal against order of the Committee.

17. Powers of Court of Appeal.

18. Restoration of name to the Roll.

19. Review of suspension from practice.

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LEGAL PROFESSION

20. Employment by attorney of pel-son struck off the Roll or suspended.

PART V . Recovery ofFees
2 1. Agreement as to fees.

22. Bill of fees.

23. Taxing officer.

24. Where application is not to be granted.

25. Non-attendance of party at taxation.

26. Costs of taxation.

27. Certification by taxing officer subject to review by Court.

28. Proof of compliance with Act.

29. Power to vary provisions.

PART VI. Preparation of legal documents

30. Name and address of draftsman to be endorsed on documents.

3 1. Unqualified persons not to prepare documents.

32. Agreement to pay fee or reward to unqualified person to be void.

33. Regulations.

34. Savings for public officer and engrossing.

PART VII. Keeping of Accounts

35. Regulations in respect of accounts.

36. Consequences of failure to comply with regulations.

37. Saving for full-time employees of Government, etc.

38. Saving for part-time practitioners.

PART VIII. Miscellaneous

39. Fees to be paid in the funds of the Council.

40. Power to make orders adapting existing law.

SCHEDULES

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LEGAL PROFESSION 3

THE LEGAL PROFESSION ACT ~ c t s
15 ol'1971,

PART I . Preliminary

1. This Act may be cited as the Legal Profession Act. Short title.

2.-(1) In this Act- Inter-
pretation

"alien" has the meaning assigned to it in the Jamaican
Nationality Act;

"appointed day" means the 3rd January, 1972;

"attorney-at-law" or "attorney" has the meaning assigned
to it by section 5 ;

"Court" means the Supreme Court;

"enrolment" means the entry of a name on the Roll;

"fees" includes charges and disbursements;

"former disciplinary body" means a committee which
prior to the appointed day had been constituted under Cap.363

(1953 Edtn.)
section 25 of the Solicitors Law (repealed) or section Law3 of
5 of the Bar Regulation Law, 1960 (repealed); 1960.

"functions" includes duties and powers;

"General Legal Council" or "Council" means the General
Legal Council established under section 3;

"international agreement on legal education" means any
agreement between the Governments of territories in
the Western Hemisphere including Jamaica, for the
establishment of a body responsible for legal
education within such territories;

"legal document" means any document conferring,
transferring, altering or extinguishing or purporting

-

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LEGAL P ROFESSZON

to confer, transfer, alter or extinguish any right, title
or interest in property, moveable or immoveable, or
any document (including a letter) indicating that legal
proceedings may be brought against the person to
whom it is addressed or any other person;

"Legal Education Authority" means-

(a) the General Legal Council; or

(b) any other body for the time being designated by
the Minister as the Legal Education Authority,
being a body established pursuant to the terms
of an international agreement on legal
education;

"Minister" means the Minister responsible for the Law
Courts;

"practise as a lawyer" means practice as a barrister or a
solicitor or both as provided or recognized by law
whether before or after the passing of this Act;

"practising certificate" means a certificate issued by the
Council pursuant to subsection (2) of section 5;

"qualifying certificate" means a certificate issued by
the Legal Education Authority pursuant to section

"qualified person" means a person qualified for enrolment
in accordance with section 6;

"Registrar" means the Registrar of the Supreme Court;

"Roll" means the list of attorneys kept by the Registrar in
accordance with section 4.

(2) Any reference (howsoever expressed) in any law to a
barrister or a solicitor as respects theconferring of any right or
privilege, the exercise of any function or in relation to the
qualification for appointment to any office, shall from and after
the appointed day be deemed to include reference to an attorney-
at-law.

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LEGAL PROFESSIOA'

PART 11. General Legal Council and enrolment and
practice in the Legal Profession

3.-41) There shall be established for the purposes of this
Legal

Act a body to be called the General Legal Council which c,~,,,cil -
shall be concerned with the legal profession and, in

functions
particular-

(a) subject to the provisions of Part 111, with the
organization of legal education; and

(b) with upholding standards of professional conduct.

(2) The Council shall have power to do all such things
as may appear to it to be necessary or desirable for carrying
out its functions under this Act.

(3) The Council shall appoint on such terms and con-
ditions as it thinks fit a secretary and such other officers as
it may think necessary for the proper carrying out of its
functions.

(4) The provisions of the. First Schedule shall have First Schedule
effect as to the Constitution of the Council and otherwise in
relation thereto.

4.-(1) The Registrar shall keep, in accordance with the F;$r
provisions of this Act and any regulations made thereunder, Rollof
an alphabetical list of attorneys-at-law (in this Act referred to a"orneYs-

at-law.
as the Roll) and subject to the provisions of this Act and
regulations made thereunder and to the payment to the
Registrar of the prescribed fees, every qualified person shall
be entitled to have his name entered on the Roll and to receive
a certificate of enrolment in the prescribed form from the
Registrar.

(2) (a) Forthwith upon the appointed day the Registrar
shall cause to be entered on the Roll the name of every person
who immediately prior thereto was a banister or a solicitor
and shall issue to every such person a certificate of enrolment

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LEGAL PROFESSION

in the prescribed form without the payment of any fee.

(b) For the purposes of any provision whereby the
qualification of an attorney-at-law for holding any office
depends upon his having been enrolled for a specified period,
the number of years during which he was previously enrolled
as a barrister or a solicitor, as the case may be, shall be
treated as part of the period of his enrolment as an attorney-at-
law.

(3) The Registrar-General shall, upon the entry in the
Register of Deaths of the death of an attorney-at-law, forward to
the Registrar particulars of such entry, and the Registrar shall
cause such particulars to be entered on the Roll.

(4) The Registrar upon receiving satisfactory proof of
the death at any place outside Jamaica of an attorney-at-law
shall cause the particulars of the date and place of such death
to be entered on the Roll.

(5) The Registrar shall have the custody of the Roll
and of all documents relating thereto, and shall allow any
person to inspect the Roll during office hours without
payment.

(6) Rules of court may be made prescribing-

(a) the form of the certificate of enrolment, the procedure
for the enrolment of qualified persons and the fees to
be paid in relation thereto;

(b) the duties of the Registrar with respect to the keeping
of the Roll; and

(c) fees to be charged in relation to the issue of practising
certificates.

(7) For the purposes of subsection (2)-

"barrister" means a barrister as defined in section 2 of

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LEGAL PROFESSION 7

the Bar Regulation Law, 1960 (repealed), and whose Law
name appears on the Roll kept in accordance with that 3 of 1960.

Law;

"solicitor" means a person admitted and enrolled as a
solicitor of the Supreme Court.

5.-(1) Every person whose name is entered on the Roll shall status of
attorney- be known as an attorney-at-law (hereinafter in this Act referred a,Ia,a,ld

to as an attornev) and- practise as
d ,

a lawyer
(a) subject to subsection (2), be entitled to practise as a

lawyer and to sue for and recover his fees for services
rendered as such;

(b) be an officer of the Supreme Court except for the
purposes of section 23 of the Judicature (Supreme
Court) Act; and

(c) when acting as a lawyer, be subject to all such
liabilities as attach by law to a solicitor.

(2) Subject to section 7, a person shall not practise as a
lawyer except by virtue of and in accordance with a practising
certificate which shall be issued by the Council, on payment to
the Secretary of the Council of the prescribed fee, in the second
appropriate form in the Second Schedule. Schedule.

(3) Where the Council is satisfied that an attorney is ,,,
practising in contravention of subsection (2), the Council shall, S. 3(a).
by notice in writing, require such attorney to pay the prescribed
fees within such time as may be prescribed by the Council;
and any attorney who, having been issued with a notice,
continues to practise after such time without having paid the
prescribed fees, shall be guilty of professional misconduct.

(4) If the name of an attorney is removed iiom the
Roll any practising certificate issued to him shall cease to be in
force.

(5) During the period of suspension of an attorney from
practice as a lawyer, no practising certificate shall be issued to
him and any practising certificate issued to him prior to such
suspension shall cease to be in force during the period of his
suspension.

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8/2007
S. 3(b).
Second
Schedule.
Qualifica-
tion for
enrolment.

Legal
officers
deemed
to be
attorneys
ex oficio.

(6) Where a person enrolled by virtue of paragraph (a)
of subsection (2) of section 4 was at the time of such enrolment
under an order of suspension from practice, his enrolment under
this Act shall not affect the order of suspension; so, however,
that the Council may at any time direct that the order of
suspension be withdrawn.

(7) If an attorney is adjudicated a bankrupt any
practising certificate issued to him shall cease to be in force.

(8) An application by an attorney to procure the
removal of his name from the Roll shall be made to the
Registrar and such application shall be granted if the Council
gives its approval.

(9) The Council may make regulations amending the
Second Schedule.

6.-(1) A person shall be qualified for enrolment if he holds
a qualifying certificate and satisfies the Council that he has
attained the age of twenty-one years, is not an alien, and is of
good character.

(2) A person may, at the discretion of the Council, and
subject to such conditions as may be prescribed by regulations
made under section 10, be enrolled if he satisfies the Council-

(a) that he has attained the age of twenty-one years, is not
an alien, and is of good character; and

(b) that he is qualified to practise law in any country
having a sufficiently analogous system of law and that
his qualifications are such as to render him suitable
for enrolment.

7. Every law officer of the Crown and every legal officer of
Government who-

(a) is enrolled; or

(b) though not enrolled, possesses a qualifying certi-
ficate,

shall so long as he continues to be a law officer of the
Crown or a legal offlcer of Government be entitled to practise in
all Courts of Justice in Jamaica, and any person referred to

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in paragraph (b) shall so long as he continues as aforesaid, be
deemed to be an attorney ex ofjcio.

8.-(1) Subject to the provisions of this Act, if a person who Pe"lIy
for unlaw-

is not enrolled practises as a lawyer he shall be liable on f u l p r a c t i c e .
summary conviction before a Resident Magistrate to a fine of
five hundred thousand dollars in respect of a first offence 81x107
and for any second or subsequent offence to a fine of S. 4(a).

one million dollars or to imprisonment for a term of twelve an007
months or to both such fine and imprisonment. s. 4(a).

(2) Subject to the provisions of this Act, if any person
who is not enrolled wilfully pretends to be, or makes or uses any
name or title or description implying that he is qualified or
recognized as qualified to act as an attorney he shall be
liable on summary conviction before a Resident Magistrate to
a fine of five hundred thousand dollars or to imprisonment y,":,
for a term of twelve months or to both such fine and
imprisonment.

(3) Any person who not being duly qualified or entitled an007
to act as an attorney, acts in any respect as an attorney in any s.4(c)(i).
action or matter or in any court in the name or through the
agency of an attorney entitled to practise, commits an offence
against this Act and shall be liable on summary conviction
before a Resident Magistrate to a fine not exceeding five
hundred thousand dollars or to imprisonment for a term of s,4(c)(ii).
twelve months or to both such fine and imprisonment.

(4) No fees in respect of any thing done by a person
who is not enrolled or to whom subsection (3) relates, acting as
an attorney, shall be recoverable in any action, suit or matter by
any person whomsoever.

8A.-(1) It is hereby declared, for the avoidance of doubt,
that, subject to subsection (2), where the Supreme Court, the
Council or the Legal Education Authority (hereinafter referred
to as the Authority) as the case may be, is satisfied that the issue
of a qualifying certificate or a practising certificate or the
enrolment of an attorney-at-law is obtained as a result of fraud
or misrepresentation-

Admission
to practise
gained by
fraud or
mis-
represen-
tation.
8R007
S. 5.

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LEGAL PROFESSION

(a) the Authority may revoke the qualifying certificate
issued to the attorney;

(b) the Council may cancel any practising certificate
issued to the attorney; and

(c) the Supreme Court, on the application of the Council,
may strike the name of the attorney from the Roll.

(2) The Authority or Council shall before taking action
under subsection ( I ) , give written notice to the attorney-at-law
concerned of its intention to take such action and shall afford to
that attorney-at-law an opportunity to be heard.

PART 111. Legal Education
Arrange-
ments for

9.-(1) It shall be the duty of the Legal Education
legat Authority (hereinafter referred to as the Authority) to make
education. arrangements-

(a) for a system of legal education;
(b) for selecting the subjects in which those seeking to

qualify for enrolment as attorneys are to be examined;
(c) for courses of instruction for students and, generally,

for affording opportunities for students to read and
obtain practical experience in law;

(4 regulating the admission of students to pursue sourses
of instruction leading to qualification for enrolment as
attorneys; and

(e ) for holding examinations which may include pre-
liminary and intermediate examinations as well as
final qualifying examinations.

(2) The Authority may carry out the arrangements in
such a manner as it thinks fit and, in particular, either through a
school of law established by it or through any other educational
institution or both.

(3) The Authority shall issue to any person who has
satisfied the Authority that-

(a) he has obtained adequate practical experience in law;
and

(b) he is otherwise qualified to practise law,

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a certificate to that effect (in this Act referred to as a qualifying
certificate).

10. The Authority may make regulations relating to matters Powerto
make connected with legal education and, in particular, but without

prejudice to the generality of the foregoing concerning-
(a) the conduct of examinations and the fees to be charged

in respect of persons sitting for examinations; and
(b) the issue of diplomas to persons who have passed

examinations held pursuant to section 9.

PART IV. Discipline

11.-41) The Council shall appoint from among persons- Disciplinary
Committee.

(a) who are members, or former members, of the Council; 3,1981
or S. 2.

(b) who hold or have held high judicial office; or

(c) who are attorneys who were members of a former dis-
ciplinary body; or

(4 who are attorneys who have been in practice for not
less than ten years,

a Disciplinary Committee consisting of such number of persons,
not being less than fifteen, as the Council thinks fit.

(2) The provisions of the Third Schedule shall have Third
effect as to the constitution of the Disciplinaiy Committee and Schedule.

otherwise in relation thereto.

(3) It is hereby declared, for the avoidance of doubt, 8R007
that the Committee shall have jurisdiction to hear and determine S. 6 .
or continue to hear and determine or otherwise deal with
the following allegations made under section 12, that is to say-

(a) in the case of attorneys who are suspended from
practice, allegations of misconduct committed prior to
or during suspension; and

(b) in the case of persons whose names are struclc off the
Roll, allegations of misconduct committed prior to
such striking off.

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12 LEGAL PROFESSION

812007.
S.6.

(4) Subsection (3) shall apply in like manner to any case
where the striking off or suspension took place before the 24th
April, 2007, as it applies to such cases subsequent thereto.

Complaints
to Committee.

12.-(1) Any person alleging himself aggrieved by an act of
professional misconduct (including any default) committed by
an attorney may apply to the Committee to require the attorney
to answer allegations contained in an affidavit made by such
person, and the Registrar or any member of the Council may
make a like application to the Committee in respect of
allegations concerning any of the following acts committed by
an attorney, that is to say-

(a) any misconduct in any professional respect (including
conduct which, in pursuance of rules made by the
Council under this Part, is to be treated as misconduct
in a professional respect);

(b) any such criminal offence as may for the purposes of
this provision be prescribed in rules made by the
Council under this Part.

(2) In any matter or hearing before a court a Judge,
where he considers that any act referred to in sub-paragraph (a)
or (b) of subsection (1) has been committed by an attorney, may
make or cause the Registrar to make an application to the
Committee in respect of the attorney under that subsection.

In this subsection "court" means the Supreme Court, the
Court of Appeal, a Resident Magistrate's Court, the Traffic
Court or any other court which may be prescribed.

(3) Any application under subsection (1) or (2) shall be
made to and heard by the Committee in accordance with the
rules mentioned in section 14.

8 ~ 0 0 7 (4) On the hearing of any such application tlie Com-
S. 7(a). mittee may, as it thinks just, make one or more of the following

orders as to-
(a) striking off the Roll the name of the attorney to whom

the application relates;

(b) suspending the attorney from practice on such

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conditions as it may determine;
(c) the imposition on the attorney of such fine as the

Committee thinks proper;

(4 subjecting the attorney to a reprimand;
( e ) the payment by any party of costs of such sum as the

Committee considers a reasonable contribution
towards costs; and

u> the payment by the attorney of such sum by way of
restitution as it may consider reasonable,

so, however, that orders under paragraphs (a ) and (b) shall not
be made together.

( 4 ~ ) Subject to subsection ( 4 ~ ) ~ the Disciplinary Com-
mittee may, pending the hearing or determination of any
application, make an interim order suspending an attorney from
practice in any case in which the attorney is convicted of any
offence prescribed by the Council by rules made under this Part.

( 4 ~ ) An order under subsection ( 4 ~ ) , shall cease to have
effect if-

(a ) the conviction is quashed on appeal; or

(b) the attorney shows good cause as to why the order of
suspension should be revoked.

( 4 ~ ) Upon the hearing or determination of any
application the Committee may-

(a) without finding any misconduct proved against the
attorney, nevertheless order him to pay the costs of
the complainant, or any part thereof, if, having regard
to his conduct and to the circumstances of the case, it
seems just to the Committee so to do;

(b) if satisfied that an attorney against whom a complaint
has been made has, by his conduct in relation to the
complaint, caused delay or committed acts wasteful of
the Committee's time, make an order awarding costs
against the attorney whether or not any other order as
to costs has been made; and the amount of any such
costs shall be paid into the funds of the Counsil; and

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(5) Where a fine is imposed under subsection (4)(c)-

(a) the amount of such fine or part thereof may, if the
Committee so directs, be paid to the person making
the application in full or partial satisfaction of any
damage caused to him by the act or default giving rise
to the application; or

(b) if no direction is made under paragraph (a), or
direction is made only as to part thereof, the amount of
such fine or remainder thereof shall be paid into the
funds of the Council.

(6) Section 8 shall apply, mutatis mutandis, to an
attorney who pursuant to an order made under this section is
suspended from practising as it applies to a person who is not
enrolled.

(7) The Council may-
(a) prescribe standards of professional etiquette and

professional conduct for attorneys and may by rules
made for this purpose direct that any specified breach
of the rules shall for the purposes of this Part
constitute misconduct in a professional respect;

(b) prescribe anything which may be or is required to be
prescribed for the purposes of this Part.

Power to
suspend

1 2 ~ . - 4 1 ) The Committee shall have power, upon the
filingof application of a party against or with respect to whom it has
orders.
8/2007

made an order, to suspend the filing thereof with the Registrar.
S. 8. (2) The filing of an order may be suspended under

this section for a period ending not later than-
(a) the period prescribed for the filing of an appeal against

the order; or

(b) where such an appeal is filed, the date on which the
appeal is determined.

(3) Where the filing of an order is suspended under
this section, the order shall not take effect until it is filed with

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the Registrar and if the order is an order that an attorney be
suspended from practice, the period of suspension shall be
deemed to commence on the date of the filing of the order with
the Registrar.

12~.-(1) It is hereby declared, for the avoidance of doubt ConlnliNee
may hear

that where- applications
pendliig (a) an application made in respect of an attorney pursuant

to section 12 is pending; and proceedings.
812007

(b) criminal proceedings arising out of the facts or s. 8.
circumstances which form the basis of the application
are also pending,

the Committee may proceed to hear and determine the
application, unless to do so would, in the opinion of the
Committee, be prejudicial to the fair hearing of the pending
criminal proceedings.

(2) Where the Committee hears an application in the
circumstances described in subsection (I ) , the Committee may,
if it thinks fit, on its own initiative or at the request of the
attorney, defer the filing, pursuant to section 15(2), of any order
made by it in relation to that application until the conclusion of
the criminal proceedings mentioned in subsection (l)(b).

13.-(1) For the purposes of hearing applications made ~ ~ ' - ~ l ~ a v
pursuant to section 12 and of reviewing its decision pursuant to Com~nittee
section 19, the Disciplinary Committee may sit in two or more z:i~i~ls-
divisions. XD.OO~

(2) Each division shall be entitled to hear and determine S. 9(a).

any such application or carry out such review and shall be 8noo.r
entitled to exercise all the powers of the ~ i s c i ~ l i n a r ~ S,9(b)(i)(ii).

Committee; and any hearing by or determination, review or
order of such division shall be deemed to be a hearing by or
determination, review or order of the Disciplinary ~omni?ttee.

( 2 ~ ) Any division of the Committee, whether or i d 8noo-r
constituted in the same manner as the division which directed S.9(C).
that an attorney be suspended from practice, may make an order
in accordance with section 19 in relation to that decision.

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1911994
S. 2 (a).

Rules of
procedure.

Fourth
Schedule.

(3) Each division shall appoint its own chairman and,
subject to subsection ( 3 ~ ) , shall act only while at least three
members thereof are present.

( 3 ~ ) If the Disciplinary Committee, or a division there-
of, has commenced, but not concluded, the hearing of an
application pursuant to section 12, whether such hearing had
commenced before or after the 28th day of June, 1994, and the
number of members of the Committee or Division, as the case
may be, is reduced by reason of the illness, death or incapacity
of any of its members, the Committee or Division may continue
to hear and determine that application notwithstanding the
reduction in its members, if-

(a) in a case where the Committee or Division originally
consisted of five or more members, the number is not
reduced to less than three; or

(b) in a case where the Committee or Division originally
consisted of three or four members, the number is not
reduced to less than two; or

(c) another member is substituted, with the consent of the
parties to the proceedings, for the member who has
died or has become ill or incapacitated.

(4) Subject to subsection ( 3 ~ ) , no order shall be made
by the Disciplinary Committee under section 12 striking off the
Roll the name of an attorney unless at least three members
present vote in favour of the order.

14.-(1) The Disciplinary Committee may from time to time
makes rules for regulating the presentation, hearing and
determination of applications to the Committee under this
Act.

(2) Until varied or revoked by rules made by the
Committee pursuant to subsection (1) the rules contained in the
Fourth Schedule shall be in force.

(3) For the purposes of any application made to them
under this Act, the Committee may administer oaths and the
applicant or the attorney to whom the application relates may
sue out writs of subpoena ad testificandum and duces tecum, but
no person shall be compelled under any such writ to produce
any document which he could not be compelled to produce on

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the trial of an action.
(4) An application to, or an enquiry or proceeding

before, the Committee shall be deemed to be a legal proceeding
within the meaning of that expression as used in Part I1 of the
Evidence Act.

15.-(1) Every order made and all directions given by the ziFtfand
Committee under this Act shall be prefaced by a statement of n o t l c e ~ f
their findings in relation to the facts of the case and shall ;zrsnlade
be signed by the chairman of the Committee or division of directions
the Committee, as the case may be, so, however, that if the
findings are not unanimous, dissenting opinions may be
expressed in the statement.

(2) The Committee shall, subject to rules under section
14, cause a copy of every such order and directions to be filed
with the Registrar.

(3) Every order filed pursuant to subsection (2) shall,
as soon as it has been so filed be acted upon by the Registrar and
be enforceable in the same manner as a judgment or order and
all directions of the Supreme Court to the like effect.

(4) Upon the filing of any order or directions as afore.
said-

given by the
Co~nrnittee.
8/2007
S. lO(a)(b).

(a) the Registrar shall cause a notice stating the effect of
the operative part of the order or directions to be
published in the Gazette; and

( 6 ) the Committee may, in such manner as it thinks fit,
publish a notice of the operative part of any order-

(i) suspending an attorney from practice or
withdrawing an order of suspension; or

(ii) striking the name of an attorney from the
Roll or reinstating the name of an attorney to
the Roll.

(5) The file of orders and directions made by the snoo7
Committee under this section may be inspected at the Registry S.
of the Supreme Court by any person, during office hours,
without payment.

(6) An order of the Committee shall be enforceable at snoo7
the instance and on the application of the Secretary of the S, 'O(')
Council.

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LEGAL PROFESSION

Appeal
against
order of
tlie
Committee.
8R007
S. I I (b).

812007
s. I I ( c )

Powers of
Coun of
Appeal.

Restoration
of name to
the Roll.

16.-(1) 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 or the person aggrieved
to whom the application relates, including the Registrar of the
Supreme Court or any member of the Council, and every such
appeal shall be made within such time and in such form and
shall be heard in such manner as may be prescribed by rules of
court.

(2) The lodging of an appeal under subsection (1)
against an order of the Committee shall not operate as a stay of
execution of the order unless the Court of Appeal otherwise
directs.

17.-41) 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 such order as to costs before the Committee and as to
costs of the appeal, as the Court may think proper:

Provided that in the rehearing of an application following an
appeal by the attorney no greater punishment shall be inflicted
upon the attorney concerned than was inflicted by the order
made at the first hearing.

(2) Where the Court of Appeal confirms the order (whether
with or without variation) it shall take effect from the date
specified in the order made by the Court of Appeal confirming
it.

18. Where the name of any attorney has been struck off the
Roll in consequence of a decision in a disciplinarycase, his
name shall not again be entered on the Roll except by the
direction of the Council, but the Council may at any time direct
that his name be restored to the Roll:

Provided that if upon an application in writing made by such
person to the Council for his name to be entered again on the
Roll, the Council fails or refuses to give a direction to that

[The inclusion o f this page is authorized by L.N. llROlO I

LEGAL PROFESSION

effect, he may appeal to the Court of Appeal; and every such
appeal shall be made within such time and in such form and
shall be heard in such manner as may be prescribed by rules of
court; and any decision given by that Court in the matter shall
not be subject to any further appeal.

19. Where the Disciplinary Committee have directed that an
suspension

attorney be suspended from practice they may at any time fro,,
review their decision and direct that the order of suspension be practice,
withdrawn.

20.-(1) No attorney shall, in connection with his practice as ~ , ~ ~ ~ ~ -
a lawyer, without the written permission of the Council, which attorneyof
may be given for such period and subject to such conditions ~ ~ u s c o ~ f f
as the Council thinks fit, employ or remunerate any person the R O I I or
who to his knowledge is disqualified from practising as a SLISpended.
lawyer by reason of the fact that his name has been struck off
the Roll, otherwise than at his own request, or that he is
suspended from practising as a lawyer.

(2) If any attorney acts in contravention of the pro-
visions of this section or of the conditions subject to which any
permission has been given thereunder, his name shall be struck
off the Roll, or he shall be suspended from practice for such
period as the Disciplinary Committee think fit.

(3) Any person who, whilst he is disqualified from
practising as a lawyer by reason of the fact that his name
has been struck off the Roll or that he is suspended from
practising as a lawyer, seeks or accepts employment by an
attorney in connection with that attorney's practice without
previously informing him that he is so disqualified shall hn
summary conviction before a Resident Magistrate be liable to
a fine of five hundred thousand dollars or to imprisonment for 8 D o ~ 7
a term of six months. s. 13(a)

(4) Any attorney who willfully and knowingly acts as
agent in any action or matter or in any court for any person who
to his knowledge is not duly qualified and entitled to practise as

[The inclusion of this page is authorized by 'L.N. 1112010 1

LEGAL PROFESSION

Agreement
as to fees.
812007
S. 14(a).

a lawyer, or permits or suffers his name to be made use of in
any action upon the account or for the profit of any such
person, or sends any such process to any such person, or does
any other act to enable any such person to act in any respect as a
lawyer in any action or matter i,p any court shall on summary
conviction before a Resident Magistrate be liable to a fine of
five hundred thousand dollars or to imprisonment for a term of
six months.

PART V. Recovery ofFees

21.-(1) An attorney may, subject to any regulations made
by the Council under subsection (7), in writing agree with a
client as to the amount and manner of payment of fees for the
whole or part of any legal business done or to be done by the
attorney, either by a gross sum or percentage or otherwige; so,
however, that the attorney making the agreement shall not in
relation to the same matters make any further charges than those
provided in the agreement:

Provided that if in any suit commenced for the recovery of
such. fees the agreement appears to the Court to be unfair and
unreasonable the Court may reduce the amount agreed to be
payable under the agreement.

(2) Fees payable under any such agreement shall not be
subject to the following provisions of this Part relating to
taxation nor to any other provisions thereof.

(3) In the absence of evidence to the contrary, it shall
be presumed that legal fees agreed to be paid or collected out
of the proceeds of a judgment are contingency fees, so,
however, that it shall be lawful for the Committee to examine
any written agreement mentioned in subsection (1) 'for the
purpose of determining whether or not the fees agreed in that
agreement are contingency fees.

(4) All causes of action and all applications to the
Committee pursuant to section 12 in relation to the charging of

[The inclusion of this page is authorized by L.N. llnOlO I

LEGAL PROFESSION 20.01

contingency fees shall be commenced or made within a period
of twelve months.

(5) The limitation period mentioned in subsection (4) 812007.
shall run- s. 14(b).

(a) from the date of final payment by the attomey to the
client of the proceeds recovered under a judgment,
after any deduction of contingency fees; or

(b) where a written tender or offer of such final payment
has been made by the attomey to the client, from the
date of the receipt by the client, of such tender or
offer.

812007. (6) Where the amount of any contingency fees paid to ,, ,(,),
an attomey is in excess of the amount properly chargeable in
accordance with regulations made under subsection (7) the
amount of such excess shall be refunded by the attorney.

(7) The Council may make regulations with respect
to the making of agreements for contingency fees and in
particular-

(a) the types of causes of action in respect of which
such fees may be charged; and

(b) the requirements to be met by an attorney for the
making of such agreements.

(8) In this section "contingency fees" means any sum 8R007,
(whether fixed or calculated either as a percentage of the S. 14(b).
proceeds or otherwise) payable only in the event of success in
the prosecution of any action, suit or other contentious
proceedings.

2 2 - 4 1 ) An attorney shall not be entitled to commence any :::Of
suit for the recovery of any fees for any legal business done by
him until the expiration of one month after he has served on the
party to be charged a bill of those fees, the bill either being
signed by the attorney (or in the case of a partnership by any one
of the partners either in his own name or in the name of the
partnership) or being enclosed in or accompanied by a letter

[The inclusion of this page is authorized by L.N. 11ROIO I

LEGAL PROFESSION

signed in like manner referring to the bill:

L.N.
29511973.

Taxing
officer.

Where
application
is not to be
granted.

Provided that if there is probable cause for believing that
the party chargeable with the fees is about to leave Jamaica,
or to become bankrupt, or compound with his creditors or to
do any act which would tend to prevent or delay the
attorney obtaining payment, the Court may, notwithstanding
that one month has not expired from the delivery of the bill,
order that the attorney be at liberty to commence an action
to recover his fees and may order those fees to be taxed.

(2) Subject to the provisions of this Part, any party
chargeable with an attorney's bill of fees may refer it to the
taxing officer for taxation within one month after the date on
which the bill was sewed on him.

(3) If application is not made within the period of
one month aforesaid a reference for taxation may be ordered
by the Court either on the application of the attorney or on
the application of the party chargeable with the fees, and may
be ordered with such directions and subject to such conditions
as the Court thinks fit.

(4) An attorney may without making an application
to the Court under subsection (3) have the bill of his fees taxed
by the taxing master after notice to the party intended to be
charged thereby and the provisions of this Part shall apply
as if a reference for such taxation has been ordered by the
Court,

23. In this Part "taxing officer" means the Registrar or such
other person as may be prescribed by rules of court.

24. No reference shall be directed upon application made by
the party to be charged after judgment has been obtained in any
suit for the recovery of the fees of the attorney or after
expiration of twelve months after the bill has been served

\The inclusion of this page is authorized by L.N. 1112010 1

LEGAL PROFESSION

except under special circumsttinces to be proved to the
satisfaction of the court to which application for reference has
been made.

25. Upon any reference, if either the attorney or the party to Nan-
attendance be charged, having due notice, refuses or neglects to attend the ofparty at

taxation, the taxing officer may proceed to tax and settle the bill taxation.
ex parte.

26. If on any reference the party to be charged attends on Costsof
taxation. taxation the cost of the reference shall, subject to section 27, be

paid according to the event of the taxation so that, if the bill
when taxed is less by a sixth part or more, than the bill served,
the attorney shall pay the costs; otherwise the party to be
charged shall pay the costs.

27.-41) Upon every taxation, whether by order of the Court Ce*ifi"iO~l
by taxing

or otherwise, the taxing officer shall certify what is found to officer
be due to or from the attorney in respect of the bill, including ""J~~'

to revlew
the cost of reference. by Court.

(2) If either party is dissatisfied with the decision of
the taxing officer as to the amount of the bill or the cost of
reference, he may within twenty-one days after the date of
the decision apply to the Court to review the decision; and
the Court may thereupon make such order varying or confirming
the decision as the Court considers fair and reasonable.

(3) The certification of the taxing officer or, as the
case may be, the order of the Court under this section shall,
subject to rules of court, be final and conclusive as to the
amount due.

28. It shall not in any case by necessary in the first instance
for any attorney in proving compliance with this Part to wit11 ACI.
prove the contents of the bill served; it shall be sufficient to
prove that the bill for fees signed in the manner provided
and enclosed in or accompanied by the letter as provided was
duly served.

[The inclusion of this page is authorized by L.N. llROIO I

LEGAL PROFESSION

Power to
vary,
prov~sions.

Name and
address of
draftstnan
to be
endorsed on
documents.

812007
S. IS.

Unqualified
persons
not to
prepare
documents.

Agreenient
to pay fee
or reward
to unquali-
fied person
to be void.

Regula-
tions.

29. Rules of court may be made repealing, varying or
adding to any of the provisions of this Part other than section
21.

PART VI. Preparation oflegal documents

30.-(1) Every person who draws or prepares any legal
document for reward shall note or endorse or cause to be noted
or endorsed thereon his name and address, so, however, that in
the case of an attorney the noting or endorsing of his name or
the name of the firm in which he is employed together with the
appropriate address shall be sufficient.

(2) Any person who commits a breach of subsection (1)
shall be liable on summary- conviction before a Resident
Magistrate to a fine of two hundred and fifty-thousand dollars.

31. Except in such cases and to such extent as may be
prescribed, no person other than an attorney or notary public
shall either directly or indirectly for or in expectation of a fee,
gain or reward draw or prepare any legal document; and any
person contravening this section shall be liable on summary
conviction before a Resident Magistrate to a fine of five hundred
thousand dollars.

32.-(1) An agreement to pay a fee or reward to any person
other than an attorney or a notary public, in consideration of
his drawing or preparing any legal document shall be void
except in such cases as may be prescribed.

(2) Except as may be prescribed any person who pays
to a person, other than an attorney or notary public, any fee
or reward for having drawn or prepared or agreed to draw
or prepare a legal document, may sue' for and recover the
amount of the fee or reward from the person to whom it was
paid.

33. The Minister may make regulations in respect of any-
thing which may be or is required to be prescribed under this
Part.

[The inclusion of this page is authorized by L.N. I lROlO I

LEGAL PROFESSION 21

34. This Part shall not apply to any such class of sauingsfor
document as may be prescribed nor any public officer offiwrand
drawing or preparing a legal document in the course of his cngmssing~
duties as such, nor to the mere engrossing of a document.

public

PART VII. Keeping of Accounrs
35.-(1) The Council may make regulations requiring Regulations

in respect
attorneys- of accounb.

(U) to open and keep separate bank accounts of clients’
moneys and containing provisions as to the
manner in which such accounts may be operated;
and

(b) to keep accounts containing particulars and
information as to moneys received, held or paid
by them, for or on account of their clients,

(2) The Council may take such action as may be
necessary to ascertain whether or not the regulations are
complied with.

36.-(1) If a person fails to comply with any of the Connequen-
wr of regulations made under section 35 any person may make fGailureto

a complaint in respect of that failure to the Disciplinary $gcgu.
Committee. lnliwa.

(2) The provisions of Part IV shall apply in relation
to complaints under this section as they apply in relation
to applications to the Disciplinary Committee under that
Part.

37. Regulations made under section 35 shall not apply savingfor
full-time

to any person who is in full-time employment as an officer employecs
of Govern-
ment. etc. of Government or a local authority,

ment or a local authority and at the same time engages in
private practice as a lawyer the regulations under section 35 tionm.

38. Where a person is employed as an officer of Govern- saving for

IThe inclusion of &is page is auIhoriEed by L.N. 480/1W3]

22 LEGAL PROFESSION

shall only apply to him so far as regards moneys received,
held or paid by him in the course of his private practice.

PART VIII. Miscellaneous
~ e e r m b e 39. Save as may otherwise be specifically provided by
fundsofthe law, any fees received by the secretary of the Council
council. pursuant to the provisions of this Act or regulations made

thereunder shall be Dlaced in the funds of the Council and

paid in the

Power to
make
orders
adapting
existing
law.

form part thereof.

40.-(1) The Minister may, by order, make such modi-
fications or adaptations in enactments passed before the
appointed day or in any instrument having effect under any
such enactment, as may appear to him necessary or
expedient in consequence of the establishment of the status
of attorney-at-law under this Act.

(2) Every order made under subsection (1) shall be
subject to affirmative resolution.

[The inclu*on of this page ia authorized by LN. 4aO/l973l

LEGAL PROFESSION 23

FIRST SCHEDULE (Section 3)
The General Legal CounciI

1. (1) The members of the Council shall be- cofutitutioll
of Gensrd
hnd (a) the Chief Justice or his nominee; (6) the Attorney-General or his nominee; Council.

(c) one member appointed by the Minister:
(0 fourteen members. being legal practitioners, appointed in

accordance with sub-paragraph (2).
(2) The members specified at sub-paragraph (1) (a) (hereinafter

referred to as nominated members) shall be appointed by the Minister
upon nomination by such body or bodies as may for the time being be
recognized by him as representing members a€ the legal profession. so,
however, that until one or more other professional body or bodies is
or arc formed to represent attorneys in Jamaica the Minister shall
recognize the Bar Association of Jamaica and the Incorporated Law
Society of Jamaica as together representing the legal profession in
Jamaica and shall appoint to the Council wen members upon the
nomination of the said Association and seven members upon the
nomination of the said Society.

(3) In this paragraph ‘‘legal practitioner” mean&
(U) in relation to any period prior to the appointed day. a

(6) in relation to any period thereafter, an attorney-at-law.
bmster or solicitor; and

2. The appointment of a nominated member or the member specified Tenurn
in sub-paragraph (1) (c) of paragraph 1 shall. subject to the provisions ofo-
of this Schedule, be for a period not exceeding three years and such
member shall be eligible for rcappoin-t

be chairman thereof.
3. The Council shall appoint one of the members of the Council to f i ~ m a n .

4. (1) If the chairman of the Council is absent or unable to act, the ~ c t i n g
.ppOiUl-
menu

Council may appoint any perscn to act in his place.
(2) If any member of the Council is absent or unable to act. the

Ministtr may appoint any pcrson to act in the place of such member.
(3) When the power to appoint a person to act in an office is

being cxercisad pursuant to thii paragraph. such appoinbnent shall bc
made in such manner and from among such persons as would be
required in the case of a substantive appointment

paragraph ( 1 ) (c) of paragraph 1 may at any time resign his office by don*
instrument in writing addressed to the Minister and transmitted through
the chairman and from the date of m i p t by the Minister of such
instrument such member shall c a s e to be a member of the Council.

me inclusion of this pase is authorized by LN. 480/1973]

5. (1) Any nominated member or the member specified in sub- Reaipaa-

24 LEGAL PROFESSION

Revocation
of appoint-
ments.

Fillingof
vacancies.

Gazetting
of appoint-
ments.

Inmrpora-
tion.

Procedure
and
meetings.

(2) The chairman may at any time resign his ofEce as chairman
by instrument in writing addressed to the Council and such resignation
shall take effect as from the date of receipt by the Council of such
instrument.

6. The Minister shall revoke the appointment of a nominated member
upon a reoommendation to that effect made by the Council in writing:
and he may at any time, if he considers it expedient so to do revoke
the appointment of the member specified in sub-paragraph (1) (c) of
paragraph 1.

7. If any vacancy o c ~ r s in the membership of the Council such
vacancy shall be filled by the appointment of another member whc
shall, subject to the provisions of this Schedule, hold office for the
remainder of the period for which the previous member was appointed.
so, however, that the appointment shall be made in the same maoner
and from the same category of persons. if any, as the appointment of
the previous member.

8. The names of aU members of thc Council BS first constituted and
every change in the membership thereof shall be published in the
Gazefrr

9. (1) The Council shall be a body mrporak having perpetual
suacession and a common seal with power to acquire. bold and disposc
of land and other property of whatever kind

(2) The seal of the Council shall be kept in the custody of the
chairman or the Secretary and shall be aflixed to instruments pursuant
to a resolution of the Council in the presence of the chairman or any
other two members of the council.

(3) The seal of the Council shall be authenticated by the signature
of the chairman or any person performing the duties of chairman and
shall be officially and judicially noticed.

(4) All documents, other than those required by law to be under
seal, made by. and all decisions of, thc Council may be signikd under
the hand of the chairman, or any other member authorized to 'act in
that behalf, or the Secretary.

(5) The Council may sue and bc sued in its corporate name and
may for all purposes be described by such name.

10. (1) The Council shall meet at such times as may be naessary or
expedient for the transaction of its business and such meetings shll
he held at such places and times and w such days as the council m y
determine.

(2) The chairman may at any time call a special mctting of the
Council and shall call a special meeting withm seven days of the
receipt of a written request for that purpose addressad to hi by any
three members of the Council.

me inclusion of this page is authorized by LN. 480119731

LEGAL PROFESSION 25

(3) The chairman shall preside at all meetings of the Council at
which he is present, and in the case of the chairman's absence from any
meeting the members present and constituting a quorum shall elect a
chairman from among their number to preside at that meeting and
whcn so presiding the chairman or person elected as aforesaid t s
preside shall have an original and a casting vote.

(4) The quorum of the Council shall be seven.
(5) Minutes in proper form of each meeting of the Council shall

be kept.
(6) The validity of any proceeding of the Council shall not be

affected by any vacancy amongst the members thereof or by any defect
in the appointment of a member thereof.

(7) Subject to the provisions of this Schedule the Council may
regulate its own proceedings.

11. The funds of the Council shall consist of such moneys as shi:l F w d 5
from time to time be p l a d at its disposition for the purposes of this of [he
Act by Parliament and such other moneys as may lawfully bc paid Ccunci'.
to the Council.

12. The Council shall keep proper accounts of its receipts, payments, A ~ ~ ~ ~ ~ : ~
credits and liabilities and such accounts shall be audited annually by 2nd audit.
an auditor appointed in each year by the Council with the approval
of the Miniater.

13. (1) The Council shall in each year prepare and submit to the ~ ; : : : ~ ~ l
r', 5 1 . ; r i p

during the twelve months ending on the 31st day of March in each and
year, including a statement of its accounts audited in accordance with c-'t:'nates~
paragraph 12.

(2) The Council shall, on or before the 31st day of October in
each year, submit to the Minister for approval its estimates of revenue
and expenditure in respect of the period commencing on the 1st day
of April next following and ending on the 31st day of March of the
next year.

14. (1) No member of the Council s h d be personally liable for any Pmtcction
act or default of the Council done or omitted to be done in good Of rnrrnbem.
faith in the course of the operations of the Council.

(2) Where any member of the Council is exempt from liability by
reason only of the provisions of this paragraph the Council shall be
liable to the extent that it would be if the member was a servant or
agent of the Council.

chairman and other members of the Council such remuneration, whether t i m of
by way of honorarium, salary or fees, and such allowances as the members.
Minister may determine.

not he a public office for the purposes of Chapter V of the Constitution

Minister on or before the 30th day of June a report on its proceedings

15. There shall be paid from the funds of the Council to the R ~ ~ ; ~ ~ ~ ~ ~ -

16. The office of chairman or other member of the Council shall Ofliceof

of Jamaica. 0 i G C . J
~- .~

me idupion of &is page is authorized by L.N. 17/1982]

26 LEGAL PROFESSZON

Tenure of

Chairman.

TUnpoIW
appoint-
ments.

Resigna-
tions.

Revocation
of appoint-
ments.

SECQND SCHEDULE (Sectim 5)
Practising Certificafe

Pursuant to the Legal Profession Act, it is hereby certified that
whose name is enrolled in the

Roll of attorneys-at-law of the Supreme Court of Jamaica is entitled
to practise as a lawyer in the year ending 31st day of December, 19 .

Dated this day of 19
secretary of the Generai ~ e g a ~ council.

THIRD SCHEDULE ( W o n 11)
The Discipiinmy Committee

1. (1) The memben of the Committw ShalU. subjcot to bhc provisions
of this Schedule. hold office for rmch period not exceeding tbm ycan
the General Legal Council (hereinafter referred to as the Council) may
determine and shall be eligible for reappintmeat.

(2) Where members of a diviim of the committee had oommenccd,
but not concluded, 4he hearing of an application pursuaot b sbotion 12
those members may continue to hear and determine tht application
notwithstanding the expiration by the &luxion of h e , of the tcum
of office of di or any of them.

2. (1) The Council shall appoint one of the members of the Com-
mittee to be the chairman thereof.

(2) If the chairman of the Committee is absent or unable to act.
the Council may appoint another member to act in his place.

3. The Council may appoint any person who would be eligible for
appointment as a member of the Committee in accordance with sub-
section (1) of section 11 of this Act to act temporarily in the place of
any member of the Committee in the case of the absence or inability
to act of such member.

4. (1) Any member of the Committee other than the chairman m a y
at any time resign his office by instrument in writing addressed to the
Council and transmitted through the chairman, who shall forthwith
cause it to be forwarded to the Comcil and, from the date of the
receipt by the Council of such instrument. such member shall culsc to
be a member of the Committee.

(2) The chairman may at any time resign his office by instrument
in writing addressed to the Council and, from the date of the d p t
by the Council of such instrument, such chairman ahaU cease to be
chairman of the Committee.

5. The Coimcil may. if it thinks it expedient so to do, at any time
revoke the appointment of the chairman or any other member of the
Committee.

me inclusion of this page ir authorizsd by LN. 17/1982]

LEGAL PROFESSION 27

6. The names of all membcn of the Committee as first constituted Publication
and every change in the membership thereof shall be published in the o f m c n h r -

7. (1) The Committee shall meet at such times as may bc necwsary P r d m
or expedient for the
be held at such place%??mes and on such days as the Committee matinsS.
shall determine.

(2) The quorum of the Committee shall. subject to %&on 13 of
this Act, be five.

(3) Subject to the provisions of this Schedule the Committw shall
have power to regulate their own proceedings.

(4) The validity of any procccdiag of the Committee shall not be
affected by any vacancy amongst the members thereof or by any
defect in the appointment of a membx thereof.

8. The provisions of paragraph 14 of the First Schedule shall apply Protection
to a member of the Committee who is not a member of ,the Council ;‘zpCn
in like manner as they apply to a member of the Counul.

Gazette. hP.

‘on of business, and such meetings shall and

rmttst.
FOURTH SQII~DULE (Section 14)

The Legai Profembn (Disciplinary Proceedings) Rules
1. These Rules may be cited as the Legal Profession (Disciplinary Ciiation.

2. In thew Rulcs “secretary” means +e person appointed by the Secretary
Proceedings) Ruks

Committee to be. sccrptary of the Commiaec or any person for the of
time being with the authority of the committee performing
of the duties of secretary.

or my Commi*teeee.

3. An application to the committee to nquirc an attorney to answer ~p lication
allegations contained in an &davit shall be m writing under the hand an a
of the applicant in Form 1 of the Schcdule to thcsc Rules and shall be ;,“l’r.
sent to the setrctary. together with an a v i t by the applieant in Form
2 of the Schedule to these Rules 8tath.g he matters of fact on which p ~ r m 2.
he relies m support of his application.

4. Bdorc 6xing a day for the heating, the bmmittse may require F&r
the applicant to supply such further information and documents dat ing information
to the allegatiolls as they think fit, and in any iase whcrc, in the TAmb,
dpinion of ths Committee, no prima frvic tsso is shown the Committee
may, withbut requiring the attorney to answer the allegations. dismiss
the applicatioa It required so to do. either by the applicant or the
attorney, the Committee shall make a formal order dismissing such
ahlication.

fatie case is shown the Committee shall fm a day for bearing, and the h a .
seuetary shall s m c notice thereof on the applicant and on the attorney,
and shall also serve on the attorney a copy of the application and
a5davit. The notice shall not be less than a twtnty-one days’ n o b ,

IThs iaduaien of this pasc is authorized by L.N. 180/1973]

5. In any case in which. in the opinion of the committce, a prima N O + O ~

28 LEGAL PROFESSION

Lists of
d o ~ ~ t s
forhearins
Form 3.
F~~ 4.

6. The notice shall bc in Form 3 or Form 4 of the Schedule to these
Rules, as the case may bc, and shall require the applicant and attorney
respectively to furnish to the secretary and to each other a list of all
documents on which they respectively propos to rely. Such lists shall,
unless otherwise ordered by the Committee, bc furnished by the
applicant and by the attorney nspectivcly at least fourtcm days More
the d a y of hearing.

7. Either party may inspcct the documents included in the list fur-
nished by the other; and a copy of any document mentioned in the list
of either party, shall, on the application of the party requiring it, be
furnished to that party by the other within three days after the receipt
of the application.

8. If either or both of the partics fail to apparr at the hearmg the
Committee may, upon proof of stnricc of the notice of hearing. proceed
to hear and determine the application in his or their absence.

9. where the Committee have proatdcd in the &Smca of either
or both of the parties any such prty may, within one calendar m t h
from the pronouncement oi the Endings and order, apply to the
Committee for a rehearing upon giving notice to thc other party and to
the Secretary. Tho Committee. if satisaed that it is just that the cast
should bc r e h d , may grant the application upon such terms as to
costs or otherwise. a8 they tbhk fit Upon such rehearing the
Committee may amend, my, add to or reverse theii 6ndings or orda
pronounced upon such previous hearing.

Pmcosdings 10. The Committee may, in their discretion, either as to the whole
onevidence case or as to anyparticdar fact or facts, pmcscd and act upon Nidurcc
giv'nby given by affidavit: affidant.

Provided that any party to the p n x d u w ' may require thc attcodance
upon subpoena of any dcponcnt to any such af6davit for the pU'pOSC
of giving oral widen= unless the Committee arc satisfied that the
affidavit is purely formal and that the rcquiremmt of tbe attendance
of the d e p e n t is madc Prrith the sole object of ca-g May.

Subpoena. 11. A ~ ~ b p o c ~ issued under section 14 of this Act may bc in Form 5
Form 5. or Form 6 of the Schedule to these Rults as may bc appropriate in the
Form 6. particular circumstances, with such variations as the CBSC may mquh.

Notice to 12. If the finding and order of the Committee arc not pronounced
particsof on the day of htarin& notice shall be given to the p.rtitS of the date
dateof when the findings and order will be pronouaccd.
findings.
Filingof 13. The secretary shall on the day of pronouncement or if the
findings and Committee have suspended the Whig of the lindinga and order pursuant
order with to rule 19 of these Rules. forthwith upoa the termination of the pried
Rmismr. for which such 6liug is so suspsldcd, file the fiadings and ordar with

the Regislrarand shall within dourtccn days of the date thereof scod a
copy thacof to the applicant. the attorney and to any otha pason
specified by the committee.

me inchaim of thia pegc ia aumoriEed by LN. u#)/19731

Inspestion
Of
documents.

PmcDcdings
in absence
Of m*l.

AppliFation
for
Ishearing.

LEGAL PROFESSION

14. The Committee shall hear all applications in private, but shall Applica-
pronounce their findings and orders in public. tions to be

heard in

15. No application shall be withdrawn after it has been sent to the Withdrawal
secretary, except by leave of the Committee. Application for leave to with- i'i:p"c-
draw shall be made on the day fixed for the hearing unless the Committee
otherwise direct. The Committee may grant leave subject to such terms as
to costs or otherwise as they think fit, or they may adjourn the matter under
rule 16 of these Rules.

16. The Committee may of their own motion, or upon the application of Adjourn-
either party, adjourn the hearing upon such terms as to costs, or otherwise,

hearing. as to the Committee may appear just.
17. If upon the hearing it appears to the Committee that the allegations in Amendlnent

the affidavit require to be amended or added to, the Committee may permit zL::?f-
such amendment or addition, and may require the same to be embodied in affidavit.
a further affidavit, if in the judgment of the Committee such amendment or
addition is not within the scope of the original affidavit, so, however, that
if such amendment or addition be such as to take the attorney by surprise
or prejudice the conduct of his case, the Committee shall grant an
adjournment of the hearing upon such terms as to costs or otherwise as to the
Committee may appear just.

18. [Deleted by Act 8 of2007, S. 18.1

19. [Deleted by Act 8 of2007, S. 18.1

20. Notes of proceedings shall be taken by the secretary or other person Notes of
appointed by the Committee: and any party who appeared at the proceedings ~ ~ ~ ~ ~ d -
shall be entitled to inspect the original or a copy thereof. Every person
entitled to be heard upon an appeal against an order of the Committee shall
be entitled to a copy of such notes on payment of the charges from time to
time prescribed by the Committee.

21. Service of any notice or documents required by these Rules may serviceof
be effected by registered letter addressed to the last known place of abode ;;:'';ktS,
or business of the person to be served, and proof that such letter was
so addressed and posted shall be proof of service. Any notice or docu-
ment required to be given or signed by the secretary may be given or
signed by him or by any person duly authorized by the Committee in that
behalf,

22. Notwithstanding anything to the contrary the Committee may Power to
extend or abridge the time for doing anything under these Rules. extend time.

23. All affidavits shall be filed and kept by the secretary. The Committee Secretary
may order that any books, papers or other exhibits produced or used at ',"G',"lytSS
a hearing shall be retained by the secretary until the time for appealing

[The inclusion of this page is authorized by L.N. ll/2OlO I

LEGAL PROFESSION

has expired, and, if notice of appeal be given, until the appeal is heard
or otherwise disposed of.

SCHEDULE

FORM 1 (Paragraph 3)

Form of Application against an Attorney-at-law

To the Committee constituted under the Legal Profession Act,

(Act 15 of 1971)

In the matter of

and an attorney-at-law.

In the matter ofthe Legal Profession Act.

I, the undersigned

hereby make application that*

of 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 his profession on
the part of the said in
his capacity of attorney-at-law.

In witness thereof I have hereunto set my hand this

day of , 19 .

........................................ Address

........................................ Profession, business

or occupation.

*Insert full name and last known place or places of business.

[The inclusion of this page is authorized by L.N. ItROlO I

LEGAL PROFESSION 31

FORM 2 (P-graph 3)
Form of Agdavit by Applican:

(a) Name of the attorney-at-law. In the matter of (a)
an attorney-at-law;

and
In the matter of the Legal Pro-
fession Act (Act IS of 1971)

make oath and say as follms-

in the parish of (4

(b) Name of Applicant.

(c) Place of residence. ( 1 ) That I reside at (c)
(a) Parish.

I. (b)

(e) Occupation.
(f) Postal address.

and am a (e)
and my postal address is (f)
P.O.

(9) Name of attomey-at-law.
(h) Set out facts complained of.

(2) That (9)
(3) (h)
(4) The complaint I make

(i) Set out shortly the ground of against the attorney4-law is
complaint. that he (0

Signature or Mark of Applicant

Sworn at in the parish
of this day

If the person making the of 19 (thesamehaviag
affidavit can rcad and
write strike out the
words in brackets.

been first read over and explained to the
deponmt when he/she appeared M y to
understand the same) More me:

.........................................................
Justice of the Peace for ihe parish

of.. ..............................................

j

P'he induu'oo of ibia page ia anthorirsd by LN. 4f10/1973]

32 LEGAL PROFESSION

FORM 3 (Paragraph 6)
Form of Notice by CommitIee fo Applicaltl

Complaint Number of 19 .
In the matter of attorney-at-law

and
In the matter of the Ltgd Profession Act (Act IS of 1971).
To
of
The day of 19 is the day hed for
the hearing of your application in the matter of
attorney-at-law by the Committee appointed under the Legal Profes-
sion Act

The Committee will sit at
at o’clcck in the forenoon. If you fail to appear the
Committee may in accordance with the rules made under the Legal
Profession Act, proceed in your absence.
You are q w r c d by the rules nnder the Legal Profession Act, to

furnishtothesaid
and the secretary of the Committee at
at least 14 days before the said day of 19
a list of all dccnme-ntri on wbk% yon propose to rely.

Either party may inspect the documents included in the list furnished
by the otbcr and a copy of any document meatiorud in the list of
either party must, on the application of the party requiring it be
furnished to that party by the other within threc days after rrceipt of
the application.
You are requested to acknowledge the receipt of this N o b without

delay.
D a t d the day of 19 .

Secretary.
Disciplinary Committee.

LEGAL PROFESSION 33

FORM 4 @aragraph 6)
Form of Notice by Commitfee fo Aftornepaf-Law

Complaint Number of 19 .
In the matter of attorney-at-law

the matter of the Legal Profession Act (Act 15 of 1971).
and

To of attorney-at-law.

of to the Committee constituted under the
Legal Profession Act. that you may be required to answer the
allegations contained in the &davit a copy whereof accompanies this
Nonce.

The day of 19 is the day fmed for the
hearing of the application by the. Committee. The Commioee will
sit at at o'clock in the
forenoon. If you faii to appear the Committee may in accordance
with the rules made under the Legal Profession Act, proceed in
your absence.
You are required by the rules made under the Legal hoftfsim

Act, to furnish to the applicant and to the secretary of the Committee
at at last 14 days before tbc
day hed for hearing a l i t of all the documents on which you
proposc to rely.

Either parly may inspea the documents included in the list furnished
by the other and a copy of any document mentioned in #he list of
either prty must, on application of the pan@ requirii it. bc furnished
to that party by nhc other within 3 days after receipt of the applica-
tion.

You am. requested to acknowledge receipt of this Notice without
delay.

Applicaiicm has been made by

Dated the doY of , 19 .
scaaary.

DhpliUay ccnrmittce.

FORM 5 Paragraph 11)
Form of Subpoena Ad Testificdwn

In the Supreme Court of Judicature of Jamaica
In the matter of attorneyat-law

and
IT6e indusion Of thir Ilssc k aumocizsd bp L.N. 4Xl/I973]

34 LEGAL PROFESSION

In the matter of the Legal Profession Act (Act 15 of 1971).

Realms and Temtories Queen. Htad of the Commonwealth.
EUZABSW II, by the Grace of God of Jamaica and of Her Other

To
GREETING :

We command you to attend before the Committee constituted under
the Legal Profession Act. at
the day of at ihe hour of
o'clock in the
tion m the above matter is heard, to give evidence on behalf of
Witness
Chief Justice of Jamaica the
in the year of Our Lord one thousand nine hundred and

on

noon, and so from day to day until the applica-

day of

FORM 6 (paragraph 11)
Form of Subpoena Duces Tecum

In the Supreme Court of Judicaturt of Jamaica.
In the matter of attorney-at-law

and
In the matter of the Legal Profession Act (Act 15 of 1971).

ELJZABETH II. by the Grace of Ood of Jamaica and of Her Other
Realms and Tcmtories Queen. Head of the Commonwtalth.
To

GREBTINO:
We command you to attend before the committee constituted under

the Legal Profession Act, at
the day of at the hour of
o'clock in the noon. and so from day to day until the applica-
tion in the above matter is head to give evidence on bcbalf of
And also to bring with you and produce at the timc and place aforc-
said-
Witness
Chief Justice of Jamaica the
in the year of Our Lord one thousand nine hundred and

on

day of

[The inclusion of this pagc is authoriLcd by LN. 480/19731

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