Bar (Disciplinary Proceedings) Regulations (The Bahamas)

Bar (Disciplinary Proceedings) Regulations

Published: 1981-04-08

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LEGAL PROFESSION [CH.64 – 39

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS

THE BAR (DISCIPLINARY PROCEEDINGS) REGULATIONS

(SECTION 40) [Commencement 8th April, 1981]

1. These Regulations may be cited as the Bar (Disciplinary Proceedings) Regulations.

PRELIMINARY 2. In these Regulations — “complaint” means a complaint under section 28 of

the Act of improper conduct against a counsel and attorney or a registered associate;

“hearing” means a hearing by a committee under Part I of these Regulations or, by the Council under Part II thereof, as the case may be;

“party” means a party to proceedings; “proceedings” means proceedings of a committee.

PART I COMPLAINTS AGAINST COUNSEL

AND ATTORNEYS AND REGISTERED ASSOCIATES

3. (1) Subject to paragraph (2), a complaint shall be in writing under the hand of the complainant in Form 1 and shall be sent to the Secretary of the Council together with an affidavit by the complainant in Form 2 stating the matters of fact on which the complainant relies in support of his complaint.

(2) Where the complaint is by the Registrar and is based on disclosures made in judicial proceedings, the complaint may in lieu of an affidavit by the complainant be accompanied by a certified record of the proceedings.

4. (1) Before determining whether the complaint is one which should be referred to a disciplinary committee under section 28(2) of the Act, the Council may require the complainant to supply to the Council such further information and documents relating to the complaint as the Council considers requisite.

S.I. 21/1981

Citation.

Interpretation.

Form of complaint and affidavit in support. Form 1. Form 2.

Council may require additional particulars of complaint.

CH.64 – 40] LEGAL PROFESSION

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) The Council shall transmit to the disciplinary committee all documents received by the Council pursuant to paragraph (1) and regulation 3.

5. Where, in the opinion of the Council, a prima facie case is not made out in favour of the complaint, or the complaint if proved would not call for the exercise by a disciplinary committee of any of the disciplinary powers conferred by section 30 of the Act, the Council shall dismiss the complaint and inform the complainant accordingly.

6. In relation to a complaint against a registered associate, the parties to the proceedings for the purpose of these regulations shall be —

(a) the complainant; (b) the registered associate; and (c) if the Committee so direct, the counsel and

attorney or firm by whom the registered associate was employed at the time of the conduct complained of.

7. (1) A committee, as soon as may be after their appointment under the Act, shall fix a day for the hearing of the complaint, and, subject to paragraph (2), shall cause to be served upon each party notice in writing of the day so fixed, which day shall not be less than twenty-one days from the date of such service, together with a copy of the complaint and of the affidavit or other document in support of the complaint.

(2) Notice given pursuant to paragraph (1) shall be in such one of Forms 3 to 5 as is appropriate to the circumstances of the case or in such other form as the committee may direct.

8. (1) Every party to whom a notice mentioned in regulation 6(2) is addressed shall serve upon the chairman of the committee and on every other party not less than fourteen days before the day fixed for hearing a list of all the documents on which he intends to rely and a document not in that list shall not be used at the hearing unless the committee otherwise direct.

(2) Any party shall have the right to inspect the documents included in the list furnished under paragraph (1).

If no prima facie case made out, Council may dismiss complaint.

Parties to proceedings where registered associate complained against.

Committee to fix and serve notice of date of hearing.

Forms 3, 4 and 5.

Documents to be used at hearing.

LEGAL PROFESSION [CH.64 – 41

(3) Four sets of documents each comprising every document mentioned in a list furnished by a party under paragraph (1), shall be supplied by that party to the chairman of the committee, the pages of each set being numbered, consecutively and uniform in size.

(4) A copy of any document mentioned in any such list shall, on application and on tender of a reasonable charge therefor by the party requiring it, be furnished to that party by the party having possession of the document within three days after the receipt of the application.

9. (1) Any party may by notice in writing at any time not later than nine days before the day fixed for a hearing, call upon any other party (hereinafter in this regulation referred to as “the other party”) to admit any document, saving all just exceptions.

(2) If the other party desires to challenge the authenticity of a document of which notice has been given pursuant to paragraph (1), he shall within six days after receipt of the notice himself give notice that he does not admit the document and requires it to be proved at the hearing; and if he refuses or neglects to give such notice, he shall be deemed to have admitted the document unless the committee otherwise order.

(3) Where a party gives notice of non-admission of a document pursuant to paragraph (2) and the document is proved at the hearing, the costs of proving the document shall be paid by the party that challenged the document, whatever the decision of the committee, unless in the opinion of the committee there were reasonable grounds for not admitting the authenticity of the document.

(4) Where a party proves a document without having given notice to admit under paragraph (1), the costs of proving the document shall not be allowed unless the committee so direct.

10. If any party fails to appear at the hearing, the committee may, upon proof of service upon him of the notice of the hearing, proceed to hear and determine the complaint in his absence.

11. (1) A committee may, in their discretion, either as to the whole case or as to any particular fact or facts, proceed and act upon evidence given by affidavit, but any

Admission of documents.

Committee may proceed in absence of parties in certain circumstances.

Committee may proceed and act upon affidavit evidence.

CH.64 – 42] LEGAL PROFESSION

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

party to the proceedings may require the attendance upon subpoena of any deponent to any such affidavit for the purpose of giving evidence in person, unless the committee are satisfied that the affidavit is purely formal and that the requirement that the deponent should attend is made with the sole object of causing delay.

(2) If in the opinion of a committee the justice of the case so requires, they may allow an affidavit to be amended or added to, to such extent and on such terms as to costs or otherwise as the committee think fit.

12. A committee may at any stage of the proceedings determine that there is need for a legal officer of the Crown or a counsel and attorney either to assist the committee as amicus curiae, or to assist any party, to such extent as the committee think fit, then the committee may enlist the aid of a legal officer of the Crown (subject to the approval of the Attorney General) or a counsel and attorney for the purpose of rendering such assistance and where a legal officer of the Crown or a counsel and attorney appears pursuant to the request of the committee, these Regulations shall have effect mutatis mutandis.

13. Every complaint and every application relating to a complaint shall be heard in prorate, but the findings and any disciplinary order of a committee shall be pronounced in public.

14. (1) Notes of the proceedings shall be taken by the chairman of the committee or with his approval by such other person whose services have been made available to the committee; and any party to the proceedings shall be entitled to inspect the notes.

(2) A copy of such notes shall be supplied to the Council and, if requested, to any other party to the proceedings, but to no other person, on payment to the supplier of such fee as may be fixed by the Council.

15. Service of any notice or other document may be effected under these Regulations by prepaid registered post addressed —

(a) in the case of a counsel and attorney, to the address of his Chambers appearing in the records of the Council; and

(b) in any other case, to the last-known postal address or to the post office box number of the person to be served,

Crown Council may take part in certain circumstances.

Hearings to be in private.

Record of proceedings.

How service of documents effected.

LEGAL PROFESSION [CH.64 – 43

and, unless the contrary is proved, such service shall be deemed to have been effected ninety-six hours after posting.

16. A committee may dispense with any requirements of these Regulations respecting the making of affidavits, the supply of documents, the giving of notices, the effecting of service or the time within which anything shall be done, in any case where it appears to the committee to be just to do so.

17. The provisions of the Evidence Act shall apply in relation to proceedings of a committee in the same way as those provisions apply in relation to court proceedings.

18. A subpoena issued under section 29(2) of the Act shall be in Form 6 or Form 7 as the circumstances require.

19. If the decision of a committee is not pronounced at a hearing, the committee shall give notice to the parties of the date on which the decision will be pronounced.

20. The Chairman of the committee shall, within four days after the date on which the decision of a committee has been pronounced, send to each party a copy of the decision free of charge.

21. Subject to the provisions of these Regulations, a committee may regulate their own procedure.

22. All affidavits, books, papers or other documents and all exhibits or other things produced or used at or for the purposes of a hearing shall, after the conclusion of the proceedings, be kept in the custody of the Secretary of the Council and, except as may be required for the purposes of any appeal under section 39 of the Act, shall be subject to the disposition of the Council.

PART II RESTORATION TO THE ROLL OF

FORMER COUNSEL AND ATTORNEYS

23. An application to the Council by a former counsel and attorney, whose name has been struck off the Roll, to have his name restored to the Roll pursuant to section 33 of the Act shall be by way of affidavit in Form 8 addressed to the Council.

Requirements may be dispensed with.

Evidence Act applies. Ch. 65.

Forms of subpoena. Forms 6, 7.

Notice of pronouncement of decision.

Copies of decision.

Committee may regulate their own procedure.

Documents to be kept by Secretary of Council.

Forms of application for reinstatement.

Form 8.

CH.64 – 44] LEGAL PROFESSION

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

24. Every affidavit made pursuant to regulation 23 shall, unless the Council otherwise directs, be supported by letters from two counsel and attorneys in actual practice in The Bahamas to whom the applicant is known.

25. The Council may grant an application made pursuant to regulation 23 without requiring the attendance of the applicant, but in any other case shall give to the applicant not less than twenty-one days’ notice (which shall be in Form 9) of the day fixed for the hearing.

26. The Council may if it thinks fit give public notice by advertisement or otherwise of the application and of the day fixed for the hearing, or may require the applicant to do so.

27. If any person desires to object to the application, he shall, not less than seven days before the day fixed for the hearing, give notice in writing to the Secretary of the Council and to the applicant of his objection, and shall specify in his notice the grounds of his objection.

28. Save as provided in this Part, the procedural provisions of Part I shall, in relation to a hearing by the Council under this Part apply mutatis mutandis as those provisions apply in relation to a hearing by a disciplinary committee under the said Part I.

SCHEDULE

FORM 1 (Regulation 3) FORM OF COMPLAINT AGAINST A COUNSEL AND

ATTORNEY OR REGISTERED ASSOCIATE

To: the Secretary of the Bar Council IN THE MATTER of C.D.,1 a Counsel and Attorney2

and IN THE MATTER OF The Bahamas Bar Act

I, the undersigned A.B., hereby make application that C.D.3 of4 ........................................................................... ,Counsel and

1 The full name must be stated. 2 Counsel and attorney or registered associate, as appropriate. 3 The full name must be stated. 4 Last known address of Chambers of counsel and attorney complained against or Chambers where registered associate last known to be employed.

Affidavit to be supported by letters.

Council may grant application without hearing. Notice of hearing to be given.

Form 9.

Notice of application may be given by advertisement or otherwise.

Form of objection to reinstatement.

Part I procedure to apply.

LEGAL PROFESSION [CH.64 – 45

Attorney 5(2) may be required to answer the allegations contained in the affidavit which accompanies this application before a disciplinary committee appointed by the Bar Council pursuant to section 28(2) of the Bahamas Bar Act, and that such order be made as the committee shall think right. IN WITNESS WHEREOF I have hereunto

set my hand this .......day of............. A.D., 19 (signature)

................................... (address)

.................................... (profession, business or

occupation) ....................................

FORM 2 (Regulation 3) FORM OF AFFIDAVIT IN SUPPORT OF COMPLAINT

AGAINST A COUNSEL AND ATTORNEY OR REGISTERED ASSOCIATE

IN THE MATTER of C.D.,6 a Counsel and Attorney7 and

IN THE MATTER of the Bahamas Bar Act. AFFIDAVIT IN SUPPORT OF COMPLAINT.

I, the undersigned A. B., of (full address) made Oath and say as follows:

1. I am the person who has lodged the complaint against (name of person complained against)8 and whose name and signature appears thereon.

2. The reasons and grounds of my complaint which I verily believe to be true are: (set out facts). SWORN at ................................................) the............ day of........................................) A.D., 19 ......)

Before me, ..........................................................

5 Counsel and attorney or registered associate, as appropriate. 6 The full name must be stated. 7 Counsel and attorney or registered associate, as appropriate. 8 Counsel and attorney or registered associate, as appropriate.

CH.64 – 46] LEGAL PROFESSION

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

FORM 3 (Regulation 7) FORM OF NOTICE TO COMPLAINANT BY

DISCIPLINARY COMMITTEE

Complaint No. ...........of 19.... IN THE MATTER of C.D. a Counsel and Attorney9

and IN THE MATTER of the Bahamas Bar Act. To A. B. of

The ...................... day of ........ is the day fixed by the Disciplinary Committee appointed by the Bar Council pursuant to section 28(2) of the Bahamas Bar Act for the hearing of your complaint in the matter of C.D., a counsel and attorney10.

The Committee will sit at ..........................at ................... o’clock in the ............... noon.

(The parties to the complaint are as follows — ................................................................................................)11

You are required to furnish to the Chairman of the Committee at the address of the hearing given above and to every other party to the complaint at least fourteen days before the said ............ day of ..............a list of all the documents on which you propose to rely.

Any party may inspect the documents included in the list furnished by any other party, and a copy of any document mentioned in the list of any party must, on application and on payment by the party requiring it of the proper charges, be furnished to that party by the other within three days after receipt of such application. In addition four sets of documents each comprising every document included in your list must be supplied to the Chairman of the Committee, the pages of each set numbered consecutively and uniform in size.

If you should fail to appear the Committee may decide to proceed in your absence.

You are requested to acknowledge the receipt of this notice without delay.

DATED this ........... day of ..................................... 19....... ...................................................

Chairman, Disciplinary Committee.

9 Or registered associate, as appropriate. 10 Or registered associate, as appropriate. 11 To be deleted where the complaint is against a counsel and attorney.

LEGAL PROFESSION [CH.64 – 47

FORM 4 (Regulation 7) FORM OF NOTICE TO COUNSEL AND ATTORNEY OR

REGISTERED ASSOCIATE BY DISCIPLINARY COMMITTEE

Complaint No ............., of 19.... IN THE MATTER of C.D. a Counsel and Attorney12

and IN THE MATTER of the Bahamas Bar Act To: C.D. of ....................................... Counsel and Attorney 13.

Application has been made by A.D. of ........................... to the Bar Council that you may be required to answer the complaint particulars of which are contained in the affidavit whereof a copy accompanies this notice before a disciplinary committee appointed by the Bar Council pursuant to section 28(2) of the Bahamas Bar Act, and that such order be made as the Committee shall think fit.

The ............................ day of ........................, is the day fixed by the Disciplinary Committee for the hearing of the complaint.

The Committee will sit at ............... at ............... o’clock in the ........................ noon. The parties to the complaint are

If you fail to appear, the Committee may proceed in your absence.

You are required by the Regulations which the disciplinary Committee have adopted (a copy of which is attached to this notice) to furnish to the Chairman of the Committee at the address of the hearing given above and to every other party to the complaint at least fourteen days before the said .............. day of ................................................... a list of all the documents on which you propose to rely.

Your attention is particularly drawn to regulation 11 of the attached Regulations, which enables the services of a legal officer of the Crown or of other counsel and attorney to be enlisted in certain circumstances.

12 Or registered associate, as appropriate. 13 Or registered associate, as appropriate.

CH.64 – 48] LEGAL PROFESSION

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

In order to reduce the costs of the hearing you are invited to inform the complainant and the Chairman of the Committee not less than seven days before the said ................... day of .......................... of any facts set out in the attached affidavit which are not in dispute.

You are requested to acknowledge the receipt of this notice without delay.

DATED this .................. day of .............................. 19 ..... .............................................................

Chairman, the Disciplinary Committee.

FORM 5 (Regulation 7) FORM OF NOTICE BY DISCIPLINARY COMMITTEE TO

COUNSEL AND ATTORNEY MADE PARTY TO A COMPLAINT AGAINST A REGISTERED ASSOCIATE

Complaint No .............. of 19 ..... IN THE MATTER of C.D. a Registered Associate

and IN THE MATTER of the Bahamas Bar Act. TO: E.T., a Counsel and Attorney, of .......................................

Application has been made by A.B. of ...................... to the Bar Council that C.D. be required to answer the complaint particulars of which are contained in an affidavit, whereof a copy accompanies this notice, before a disciplinary committee appointed by the Bar Council pursuant to section 28(2) of the Bahamas Bar Act, and that such order be made as the Committee shall think fit.

It is alleged in the said affidavit accompanying the application that you ...................................................................

Pursuant to regulation 5 of the Bar (Disciplinary Proceedings) Regulations, Part I of which the Disciplinary Committee have adopted for the regulation of their procedure, the Committee have directed that you be made a party to the proceedings. The other parties to the complaint are as follows —

The ...................day of .................. 19.... is the day fixed for the hearing of the complaint by the Committee. The Committee will sit at ................................ at ............ o’clock in the .......................... noon.

You are required to furnish to the Chairman of the Committee at the address of the hearing given above and to every other party to the complaint at least fourteen days before the said ......... day of ....................... a list of all the documents on which you propose to rely.

LEGAL PROFESSION [CH.64 – 49

Any party may inspect the documents included in the list furnished by any other party, and a copy of any document mentioned in the list of any party must, on application and on payment by the party requiring it of the proper charges, be furnished to that party by the other within three days after receipt of such application. In addition four sets of documents, each comprising every document included in your list, must be supplied to the Chairman of the Committee, the pages of each set numbered consecutively and uniform in size.

DATED this ................. day of ............................., 19 ....... .............................................................

Chairman, the Disciplinary Committee.

FORM 6 (Regulation 18) FORM OF SUBPOENA AD TESTIFICANDUM

IN THE SUPREME COURT OF THE BAHAMAS IN THE MATTER of C.D. a Counsel and Attorney 14

and IN THE MATTER of the Bahamas Bar Act ELIZABETH the Second, By the Grace of God, Queen of the Commonwealth of The Bahamas and of Her other Realms and Territories, Head of the Commonwealth TO:

GREETING: We command you to attend before a Disciplinary Committee

appointed pursuant to section 28(2) of the Bahamas Bar Act at .................... on ........................... the ............day of ............ at the hour of ....................... in the ................. noon and so from day to day until the complaint in the above matter is heard, to give evidence on behalf of WITNESS Chief Justice of The Bahamas the ..................... day of ............

14 Or registered associate, as appropriate.

CH.64 – 50] LEGAL PROFESSION

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

FORM 7 (Regulation 18) FORM OF SUBPOENA DUCES TECUM

IN THE MATTER of C.D. a Counsel and Attorney15 and

IN THE MATTER of the Bahamas Bar Act ELIZABETH the Second, by the Grace of God, Queen of the Commonwealth of The Bahamas and of Her other Realms and Territories, Head of the Commonwealth TO:

GREETING: We command you to attend before a Disciplinary Committee appointed pursuant to section 28(2) of the Bahamas Bar Act at on ..............the ......... day of .................... at the hour of ....... in the .............. noon and so from day to day until the complaint in the above matter is heard to give evidence on behalf of ................................. and also to bring with you and produce at the time and place aforesaid (specify documents to be produced). WITNESS Chief Justice of The Bahamas the .......... day of ......................

FORM 8 (Regulation 23)

FORM OF AFFIDAVIT BY A FORMER COUNSEL AND ATTORNEY SEEKING RESTORATION TO THE ROLL

IN THE MATTER of C.D. a former Counsel and Attorney and

IN THE MATTER of the Bahamas Act I, C.D., of

make Oath and say as follows — 1. I was admitted a counsel and attorney of the Supreme

Court of The Bahamas on the ................ day of ......................... 2. On the ................ day of ............... 19 ...., a disciplinary

committee ordered that my name be struck off the Roll. 3. I hereby apply under section 33 of the Bahamas Bar Act

that my name be restored to the Roll. 4. The grounds for my application are —

SWORN etc.

15 Or registered associate, as appropriate.

LEGAL PROFESSION [CH.64 – 51

FORM 9 (Regulation 25) FORM OF NOTICE OF HEARING BY THE BAR COUNCIL

TO FORMER COUNSEL AND ATTORNEY

IN THE MATTER of C.D. a former Counsel and Attorney and

IN THE MATTER of the Bahamas Bar Act TO: C.D. ............................ of .................................................... The ...................... day of ...................... is the day fixed by the Bar Council for the hearing of your application that your name be restored to the Roll. The Council will sit at ................................. at ............. o’clock in the ............. noon ............. You are required to furnish to the Secretary of the Bar Council at least fourteen days before the said ................................ day of .................... a list of all the documents on which you propose to rely. DATED this ...................... day of .............................................. ............................................

Secretary of the Bar Council

THE BAHAMAS BAR (PRESCRIPTION OF LEGAL PUBLIC OFFICES) REGULATIONS

(SECTION 40) 1. These Regulations may be cited as the Bahamas

Bar (Prescription of Legal Public Offices) Regulations. 2. The Offices specified in the Schedule to these

Regulations shall be legal public offices for the purposes of the Bahamas Bar Act.

SCHEDULE (Regulation 2) Director of Legal Affairs Senior Crown Counsel Assistant Crown Counsel

S.I. 56/1974

Citation.

Prescription of Legal Public Offices. Schedule.