Guidelines on How To Make A Complaint to the Disciplinary Committee

The Disciplinary Committee is the body charged with maintaining the standards of the legal profession. It reviews the behaviour of an attorney set out in the complaint and if the complaint is proved it applies an appropriate sanction to deal with that behaviour. The Disciplinary Committee does not:

  • provide  any  oversight  or  management  of  any  ongoing  matter  between  the Complainant and the Attorney; or
  • give legal advice.

Where the complaint is in relation to the reasonableness of fees, the Disciplinary Committee, though empowered to consider the matter and determine whether the Attorney has breached the Canons, it cannot determine the fees which should be paid by the Applicant. A person who wishes a determination as to the amount of fees to be paid to an Attorney may refer the matter to the Registrar of the Supreme Court for assessment (Taxation).

Where a person believes that they are entitled to compensation due to the alleged acts of an Attorney an application can be made to the Compensation Fund Committee of the General Legal Council. For more information contact compensationfund@generallegalcouncil.org

  1. A person who desires to make a complaint to the Disciplinary Committee of the General Council against an Attorney-at-law because of an act of professional misconduct allegedly committed by that Attorney-at-law, may apply to the committee to require the Attorney to answer allegations contained in an affidavit made by such person. (Section 12 (1) of the Legal Profession Act).
  2. An application to the Committee to require an Attorney to answer allegations contained in an affidavit shall be in writing in the prescribed form, (FORM OF APPLICATION AGAINST AN ATTORNEY) and must be signed by the applicant (complainant).
  3. The Affidavit (a written statement confirmed by oath) shall be in the prescribed form  (FORM  OF  AFFIDAVIT  BY  APPLICANT)  and  must  be  signed  by  the applicant (complainant) who must swear before a Justice of the Peace in Jamaica or before a Notary Public elsewhere.
  4. In preparing the Application and Affidavit an applicant (complainant) should be guided by the following notes.

THE FORM OF APPLICATION

THIS  FORM  MUST  BE  TYPEWRITTEN  OR  FILLED  OUT  IN  BLOCK  CAPITALS
(CAPITAL LETTERS)

  1. The Applicant’s name is to be written (or type-written) in the space after the words “In the matter of”.
  2. The Attorney’s name is to be written (or type-written) in the space after the word “and”.
  3. The Applicant’s name must be written in the space after the words, “I, the undersigned”.
  4. The Attorney’s name in the space after the words, “hereby make application that” and address must be written (or type-written) after the words, “an Attorney-at- Law of”.
  5. Please select from the Box the description which best explains what the Attorney was engaged/ expected to do.
  6. The Attorney’s name must be written (or type-written) in the space after the word “said” on page 2.
  7. The Applicant must fill in the date on page 2 in the part which starts with the words “Dated the”.
  8. The Applicant must sign the form and state his or her telephone numbers, e-mail address and occupation in the space provided at the foot of the end of the form.

THE FORM OF AFFIDAVIT

SECTION 1

The applicant (complainant) should be guided by the notes under the spaces provided in Section 1.

SECTION 2

The facts on which the Applicant (complainant) relies to support his allegations made in Section 3 should be concisely stated in paragraph 4. Only the relevant facts should be set out.  Such as:

  1. The circumstances in which the Applicant had to deal with the Attorney. If the Attorney was engaged by the Applicant, date on which the Applicant engaged the services of the Attorney i.e., the date on which the Applicant instructed the Attorney to act on his behalf in the matter and attach a copy of the letter of engagement, if any. If by other means, please specify.
  2. The date or dates on which Applicant paid moneys to the Attorney for fees and/or other charges in connection with the matter and attach receipts, if available, in proof of this payment.
  3. If the matter involves the sale/ purchase of land or an estate, the date or dates on which the monies in respect of the transaction came into the possession of the Attorney and attach any documents in proof that the Attorney had/ has the funds.
  4. The dates on which the Applicant made Enquire (whether by visits to the Attorney’s office, letters or telephone calls) as to what progress was being made with the Applicant’s business. The result of those inquires. If the inquiries and responses were in writing, attach copies of the correspondence between the Applicant and the Attorney.
  5. The dates on which the Applicant requested the Attorney to give an account of all moneys in his hands for the Applicant’s account or credit. The result of such requests. If the inquiries and responses were in writing, attach copies of the correspondence between the Applicant and the Attorney.
  6. Any other facts which may be briefly stated. (Dates may be approximate)

SECTION 3

Re note (i): In setting out the ground(s) of complaint at page 2 section (1) the applicant (complainant) should review the Legal Profession (Canons of Professional Ethics) Rules and state which Canon(s) he/ she believes to have been breached by the Attorney. The complete Rules are on our website at https://www.generallegalcouncil.org/regulations/the-legal-profession-canons-of-professional-ethics-rules.pdf.
Examples of these breaches are set out below but are not the only breaches.

  1. The Attorney has charged me fees that are not fair and reasonable.
  2. The Attorney withdrew from my employment without taking reasonable steps to avoid foreseeable prejudice or injury to my position and rights as his clients.
  3. Having withdrawn from my employment the Attorney has not promptly refunded such part of the fees paid in advance as may be fair and reasonable.
  4. The Attorney has not provided me with all information as to the progress of my business with due expedition, although I have reasonably required him to do so.
  5. The Attorney has not dealt with my business with all due expedition.
  6. The Attorney has acted with inexcusable or deplorable negligence in the performance of his duties.
  7. The Attorney has not accounted to me for all monies in his hands for my account or credit, although I have reasonably required him to do so.
  8. The Attorney has not given full disclosure nor has he received approval and he has acted in a manner in which his professional duties and his personal interest conflict or are likely to conflict.
  9. The Attorney is in breach of Canon I (b) which states that, “An Attorney shall at all times maintain the honour and dignity of the profession and shall abstain from behaviour which may tend to discredit the profession of which he is a member.”
  10. The Attorney is in breach of Canon VI (d) which states “An attorney shall not give a professional undertaking which he cannot fulfil and shall fulfil every such undertaking which he gives”.
  11. The Attorney has breached the Legal Profession (Accounts and Records) Regulations.

NOTE

The Applicant (complainant) must send the completed Forms of Application and Affidavit together with the attached documents to the Secretary of the Disciplinary Committee.

Secretary
Disciplinary Committee
General Legal Council
78 Harbour Street
Kingston