Application Process

There is a Legal Profession Code of Ethics at Schedule III of the Legal Profession Act.  2011. The Code of Ethics is to regulate the professional practice, etiquette, conduct and discipline of an Attorney-at-Law. Section 34 provides that a client, or by leave of the Council, any other person alleging to be aggrieved by an act of professional misconduct (including default) committed by an Attorney-at-Law, other that a law officer of Government, may make an application supported by affidavit of facts of which he/she complains to the Council, to require the Attorney-at-Law to answer the allegation/s.

The application shall be by Form 1 and affidavit by the Applicant in Form 2 of Schedule IV.

Section 35 of the Legal Profession Act 2011 requires all applications against Attorneys-at-Law to be made in writing. It is important that the applicant must present his or her evidence in the form of an Affidavit for it to be properly before the Council.

Once an application is filed and supported by evidence on affidavit, it is within the discretion of the Council to request further information from the applicant before proceeding to hearing the application. The Attorney-at-Law will have the opportunity to also present evidence on affidavit in response to the applicant.

The Council does a preliminary consideration of whether, on the face of the application, there is a prima facie case for the Attorney-at-Law to answer. If the Council decides that there is no case for the Attorney-at-Law to answer, the application will be struck out. If the Council determines that there is a case to be answered, it will then proceed with giving directions for a hearing and having notices served on both the applicant and the Attorney-at-Law.

Click below to download the Application Forms:

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