The Gazette 1992

MARCH1992

GAZETTE

W B

by E amo nn G . Ha l l, Solicitor

whether the barrister has been guilty of a breach of the Code of Conduct or of a breach of proper professional standards. Decisions of the Tribunal shall contain a summary of the complaint and the reply thereto and should also contain a summary of the evidence considered by the Tribunal. A decision will also set out the findings of fact reached by the Tribunal and the Tribunal shall also set out the reasons why it has reached its decision together with the penalty, if any, to be imposed. Under the terms of the Disciplinary Code, the Tribunal is entitled to make a disclosure with its decisions or any part thereof in such manner as it thinks fit. The Code allows the Tribunal to impose penalties in a case where it has upheld a complaint that a barrister has been guilty of conduct constituting a breach of the Code of Conduct or constituting a breach of proper professional standards. These are as follows:-

Barristers' Professional Conduct Tribunal

Brief details of the new Barristers' Professional Conduct Tribunal were published in the March Gazette, in order to update the complaints procedure and take account of recent judicial decisions in regard to the procedures of professional bodies in disciplinary matters, the Bar Council set up the new body with lay representation to consider complaints against barristers, whether from solicitors, members of the public or others. The Bar Council itself, through its Professional Practices Committee, may act as a complainant to the Tribunal. The new Professional Conduct Tribunal has wide-ranging powers and sanctions. It sets down a procedure with time limits for complaints to be dealt with. Solicitors or others making complaints against a barrister in respect of his professional conduct, must do so on a complaint form which will be furnished to the barrister against whom the allegation has been made. The barrister will have a period of fourteen working days from the date of receipt by him of the complaint to reply to it. The complainant or barrister may request an oral hearing, but it is a matter for the Tribunal to decide whether to hold such hearing or not. In the event of a barrister refusing or failing to provide any further information within a time specified by the Tribunal, the Tribunal shall be entitled to proceed with the hearing of the complaint in the absence of such barrister. The new procedure provides that the Tribunal shall decide whether to uphold or reject a complaint and, if a complaint is upheld, to find

John Dowling

• to remove the barrister from the Register of Practising Barristers;

• to recommend to the Benchers of King's Inns that the barrister should be disbarred. A barrister in respect of whom a complaint has been dismissed shall be entitled to require that the fact of the complaint was not sustained shall be disclosed. The membership of the Conduct Tribunal consists of five barristers nominated by the Bar Council and two non-lawyers one of whom is nominated by the Federation of Irish Employers and the other nominated by the Executive Council of the Irish Congress of TVade Unions. The complainant or the barrister shall be entitled to appeal any decision of the Tribunal to a body known as the Barristers' Professional Conduct Appeals Board. This board comprises three members, one of whom is a retired Judge nominated by the Bar Council; the second member is a non-lawyer nominated by the Attorney General and the third is the Chairman for the time being of the Bar Council.

• take no action save to record the result of the complaint;

• admonish the barrister;

• impose a fine:

• require the payment of specified fees by the barrister, or order the barrister to forego the payment to him of specified fees; • to suspend the barrister from membership of the Law Library and/or to remove him from the Register of Practising Barristers either for a specified period or until a particular specified act has been carried out;

• to exclude the barrister from membership of the Law Library;

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