Bar (Disciplinary Proceedings) Regulations

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1981/1981-0021/BarDisciplinaryProceedingsRegulations_1.pdf
Published: 1981-04-08

Bar (Disciplinary Proceedings) Regulations
LEGAL PROFESSION [CH.64 – 39



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[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



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(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



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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



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS


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



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

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.

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.

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



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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.

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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.
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