chapter 90:03

legal profession ACT

An Act to provide for the reorganisation and regulation of the legal profession for the qualification, enrolment and discipline of its members and for other matters relating thereto.

[1st January 1987]

Whereas it is enacted inter alia by subsection (1) of section 13 of the Constitution that an Act of Parliament to which that section applies may expressly declare that it shall have effect even though inconsistent with sections 4 and 5 of the Constitution and, if any such Act does so declare, it shall have effect accordingly:

 And whereas it is provided by subsection (2) of the said section 13 of the Constitution that an Act of Parliament to which that section applies is one the Bill for which has been passed by both Houses of Parliament and at the final vote thereon in each House has been supported by the votes of not less than three-fifths of all the members of that House:

 And whereas it is necessary and expedient that the provisions of this Act shall have effect even though inconsistent with sections 4 and 5 of the Constitution:

PART I

PRELIMINARY

        1.  (1)  This Act may be cited as the Legal Profession Act.

             (2)  This Act shall have effect even though inconsistent with sections 4 and 5 of the Constitution.

        2.  In this Act­—

“Agreement” means the Agreement, including the protocols thereto providing for a system of legal education and training and establishing the Council of Legal Education for the Commonwealth Caribbean as set out in the Schedule to the Council of Legal Education Act;

“Attorney-at-law” means a person whose name is entered on the Roll in accordance with this Act;

“client” includes—

                    (a)  in relation to contentious business any person who as principal or on behalf of another person retains or employs any Attorney-at-law and any person who is or may be liable to pay to an Attorney-at-law costs for such business;

                    (b)  in relation to non-contentious busi­ness, any person who, as a principal or on behalf of another or as a trustee or executor or in any other capacity, has power, express or im­plied, to retain or employ and retains or employs an Attorney-at-law for such business;

“Commonwealth citizen” has the meaning assigned to it in section 15 of the Constitution;

“costs” includes fees for any legal business done by an Attorney-at-law;

“Council” means the Council of the Law Association constituted under section 4;

“Council of Legal Education” means the Council of Legal Education established under the Agreement;

“Disciplinary Committee” and “Committee” mean the Disciplinary Committee established by section 36;

“fees” includes charges, disbursements, expenses and remuneration;

“firm” means a partnership of Attorneys-at-law;

“Fund” means the Compensation Fund established under section 54;

“Law Association” and “Association” mean the Law Association established by section 3;

“Minister” means the Minister responsible for Legal Affairs;

“practise law” means practise as a Barrister or Solicitor or an Attorney-at-law, or the under­taking or performing of the functions of a Barrister or Solicitor or Attorney-at-law as provided or recognised by any law whatever before or after the passing of this Act;

“practising certificate” means a certificate issued pursuant to section 23;

“Registrar” means the Registrar of the Supreme Court;

“Roll” means the list of Attorneys-at-law kept by the Registrar in accordance with section 13;

“unqualified person” means a person who under section 20 is disqualified from practising law.

PART II

LAW AssoCIATIoN

        3.  (1)  There is hereby established a body corporate known as the Law Association of Trinidad and Tobago.

             (2)  The Association shall consist of practitioner members, non-practitioner members and honorary members.

        4.  The affairs of the Association shall be managed and its functions performed by a Council constituted in accord­ance with the First Schedule.

        5.  The purposes of the Association are—

                    (a)  to maintain and improve the standards of conduct and proficiency of the legal profession in Trinidad and Tobago;

                    (b)  to represent and protect the interests of the legal profession in Trinidad and Tobago;

                     (c)  to protect and assist the public in Trinidad and Tobago in all matters relating to the law;

                    (d)  to promote good relations within the profession, between the profession and persons concerned in the administration of justice in Trinidad and Tobago and between the profession and the public generally;

                     (e)  to promote good relations between the profession and professional bodies of the legal profession in other countries and to participate in the activities of any international association of lawyers and to become a member thereof;

                     (f)  to promote, maintain and support the administration of justice and the rule of law;

                    (g)  to do such other things as are incidental or conducive to the achievement of the purposes set out at (a) to (f).

        6.  (1)  Every Attorney-at-law to whom a practising certificate is issued is a member of the Association and shall remain a member for so long as his practising certifi­cate has effect.

             (2)  Subject to this Act, a practising certificate ceases to have effect where the practitioner member to whom it relates fails to pay—

                    (a)  his contribution to the Fund for one year; or

                    (b)  his subscription to the Association for three successive years.

             (3)  Every Attorney-at-law who is a member of the Association by virtue of subsection (1) is in this Act referred to as a “practitioner member”.

        7.  A non-practitioner member is an Attorney-at-law who is not the holder of a practising certificate.

        8.  The Council may confer honorary membership in the Association on such distinguished lawyers as it may think fit and may in its discretion revoke any such membership.

        9.  (1)  Subject to this section and section 10, all members of the Association have the same rights and privileges.

             (2)  Only practitioner members who pay their annual subscription to the Law Association are eligible—

                    (a)  to attend and vote at a general meeting or at an election of members of the Council; or

                    (b)  to be elected to the Council.

             (3)  Practitioner members may by a resolution exclude from a general meeting of the Association or any part thereof all other members.

      10.  (1)  A practitioner member or a non-practitioner member of the Association may in the prescribed manner, and upon such grounds as may be prescribed, after being given a reasonable opportunity to answer all allegations made against him—

                    (a)  be expelled from membership; or

                    (b)  be deprived of any one or more rights and privileges of membership.

             (2)  In this section “prescribed” means prescribed by Rules made by the Council.

      11.  A member of the Association other than an honorary member, who ceases to be qualified for membership thereupon ceases to be a member.

      12.  (1)  The amount of the annual subscription payable by members other than honorary members of the Associa­tion shall, subject to subsection (5), be fixed by the Council and shall be paid to the Association through the Registrar.

             (2)  The annual subscription is in respect of the period of twelve months commencing on the 1st October, in each year.

             (3)  In fixing the annual subscription the Council may divide the members into classes and provide that different amounts shall be paid by different classes of members and for different periods, and generally regulate and vary from time to time the subscription payable by members or by different classes of members as the Council may think fit.

             (4)  The Council may fix levies payable by prac­titioner members for any of the purposes of the Association.

             (5)  The annual subscription payable under subsection (1) and levies payable under subsection (4) shall not in any year exceed five hundred dollars per practitioner member or such greater sum as may be prescribed by resolution of a general meeting of the Association.

PART III

MEMBERSHIP OF THE LEGAL PROFESSION

Enrolment, Admission, Status

      13.  (1)  The Registrar shall keep in accordance with this Act and any Rules of Court made under section 60, a chronological list (in this Act referred to as “the Roll”) of all Attorneys-at-law.

             (2)  The Registrar shall have the custody of the Roll and of all documents relating to it and shall allow any person to inspect the Roll during office hours without payment.

      14.  (1)  The Registrar shall, as soon as practicable after the commencement of this Act, cause to be registered on the Roll the name of every person that immediately before the commencement of this Act, appeared on the roll of Barristers kept under section 85 of the Supreme Court of Judicature Act and on the roll of Solicitors kept under section 3 of the Solicitors Act, according to the dates on which they were respectively admitted to practise law.

             (2)  Where a person had changed his profession from that of Solicitor to Barrister or from Barrister to Solicitor, the relevant date for the entry of his name on the Roll is that when he was first admitted to practise in either profession.

             (3)  Upon payment of any fee that the President may by Order prescribe the Registrar shall cause to be registered on the Roll the name of every person admitted to practise law under section 15 or 16 according to the dates on which the person was admitted to practise law.

      15.  (1)  Subject to this Act a person who makes appli­cation to the High Court and satisfies the Court that he—

                    (a)  is a Commonwealth citizen,

                    (b)  is of good character, and either

                     (c)  holds the qualifications prescribed by law, or

                    (d)  is a person in respect of whom an Order has been made under section 15(A),

shall be eligible to be admitted by the Court to practise as an Attorney-at-law in Trinidad and Tobago.

             (1A)  Notwithstanding this Act or any other written law to the contrary, a national of Trinidad and Tobago who—

                    (a)  has passed the Bar Finals or the Bar Vocational Course at an institution validated by the General Council of the Bar of England and Wales, has been called to the Bar of England and Wales and has completed pupillage of at least six months and is certified as such;

                    (b)  has passed the Law Society Finals or the Legal Practice Course at an institution validated by the Law Society of England and Wales and having undertaken articles or a training contract in accordance with the Training Regulations of the Law Society of England and Wales, has been admitted to the roll of Solicitors of the Supreme Court of England and Wales;

                     (c)  has passed the Bar Vocational Course at an institution validated by the General Council of the Bar of England and Wales; or

                    (d)  has passed the Legal Practice Course at an institution validated by the Law Society of England and Wales; and

                     (e)  in the case of persons referred to in paragraphs (c) and (d) has obtained a certificate from the head of chambers of an Attorney-at-law of not less than ten years standing, practising in Trinidad and Tobago to the effect that the national has undergone an attachment at those chambers for a continuous period of not less than six months doing work relating to the practice of Law,

is deemed to hold the qualification prescribed by Law and is entitled, subject to the payment of the prescribed fees, to practise as an Attorney-at-law in Trinidad and Tobago.

             (2)  Before any person is admitted as an Attorney-at-law, the Registrar shall enquire whether the person has fulfilled all the conditions for admission laid down by law, and if the Registrar is satisfied that the person has done so, he shall report accordingly to the High Court.

             (3)  The High Court may issue directions as to the manner in which the qualifications for admission to practise law may be proved and may order any person to furnish such evidence as may be requested for the purpose of this section or section 16.

             (4)  An appeal lies to the Court of Appeal from an Order of the High Court refusing an application made under this section.

             (5)  In this Part—

“High Court” and “Court” mean, subject to section 41(2), the High Court consisting of two or three Judges;

“qualifications prescribed by law” means the qualifications for admission to practise law set out in the Agreement.

   15A.  Notwithstanding any law to the contrary the Minister, where he considers it necessary or expedient after consultation with the Chief Justice, may by Order provide that a Commonwealth citizen who has been admitted to practise in a Commonwealth country for at least ten years, is eligible to be admitted to practise law in Trinidad and Tobago on such terms and conditions, including but not limited to the duration of the admission, as the Minister may specify in the Order.

      16.  (1)  The Minister may by Order provide that, subject to such exceptions, conditions and modifications as he may specify, a citizen or national of a country to which this section applies who has obtained the qualifications prescribed by law shall be eligible to be admitted by the High Court to practise law in Trinidad and Tobago.

             (2)  This section applies to the country if the Minister after consultation with the Chief Justice is satisfied—

                    (a)  that the law of that country relating to the admission of legal practitioners to practise law in a superior Court of jurisdiction in that country is such as to ensure that a citizen of Trinidad and Tobago, who has obtained the qualifications and satisfied the conditions which would entitle a citizen or a national of that country to be admitted to practise as a legal practitioner in that country is entitled, or would if an Order were made under this subsection be or become entitled to admission as a legal practitioner of the superior Courts of jurisdiction of that country; and

                    (b)  that such entitlement to admission would be on terms as favourable as those which citizens or nationals of that country would, if an Order were made under this subsection, be or become entitled to admission as Attorneys-at-law in Trinidad and Tobago.

             (3)  A person shall be eligible to be admitted to practise law under subsection (1) only upon satisfying the Court of his qualifications and good character and upon payment of the prescribed fees.

             (4)  Every person admitted by the High Court under the authority of an Order made under subsection (1) shall be deemed to have been duly admitted to practise law under this Act, and his name shall be registered forthwith on the Roll by the Registrar.

             (5)  For the purposes of this section the expression “national” means, in the case of a country where there is no law in force conferring citizenship of that country, a person who is regarded as belonging to that country under any law in force in that country.

      17.  Nothing in this Act affects any enactment relating to the placing of restrictions on any person, not being a citizen of Trinidad and Tobago, entering, leaving, residing, or working in Trinidad and Tobago.

      18.  Every person, on being admitted to practise law, shall take the following oath:

        “I ............................................... do swear that I will truly and honestly conduct myself in the practice of law as an Attorney-at-law according to the best of my knowledge and ability and the law of Trinidad and Tobago.”

      19.  (1)  The Registrar shall, on request, issue to every Attorney- at-law duly registered on the Roll a certificate of his enrolment in the form set out as Form 1 in the Second Schedule under the seal of the High Court and signed by the Registrar.

             (2)  The production of such certificate shall be prima facie evidence that the person named therein is duly enrolled as an Attorney-at-law, and such certificate shall be admissible in evidence without further proof of the sealing and signing thereof by the Registrar.

      20.  (1)  Every person whose name is entered on the Roll in accordance with this Act shall be known as an Attorney-at-law and—

                    (a)  subject to subsection (2), is entitled to practise law and to sue for and recover his fees for services rendered in that respect;

                    (b)  subject to subsection (2)(b), has the right of audience before any Court;

                     (c)  subject to section 22 except where engaged as an advocate in any Court, is subject to liability in respect of negligence in a profes­sional capacity;

                    (d)  is an officer of the Supreme Court save and except when he appears in the presentation of a case in any Court or before any Tribunal.

             (2)  No person may practise law unless—

                    (a)  his name is entered on the Roll in accordance with this Act; and

                    (b)  he is the holder of a valid practising certificate.

             (3)  A person who practises law in contravention of subsection (2) is not entitled to maintain any action for the recovery of any fee on account of or in relation to any legal business done by him in the course of such practice.

             (4)  An Attorney-at-law who draws or prepares a legal document shall sign his name under his hand and the name of the firm (if any) in which he is employed together with the appropriate address.

             (5)  An Attorney-at-law who contravenes subsec­tion (4) is guilty of professional misconduct.

      21.  No Attorney-at-law shall, so long as he shall be engaged in the business and practice of an attorney, be qualified or capable of holding the appointment of a Justice of the Peace, but such disability shall not extend to any Attorney-at-law who may hold any office by virtue of which he is ex officio a Justice of the Peace.

      22.  (1)  Subject to subsection (2) an Attorney-at-law shall enjoy no special immunity from action for any loss or damage caused by his negligence or lack of skill in the performance of his function.

             (2)  An Attorney-at-law is immune from suit in negligence in respect of his conduct of litigation only.

             (3)  The immunity referred to in subsection (2) is not confined to proceedings in Court but extends to such pre­-trial work as is so intimately connected with the conduct of the cause in Court that it could fairly be said to be a pre­liminary decision affecting the way the cause is to be con­ducted at the hearing.

             (4)  In this section “function” means a function undertaken by an Attorney-at-law in relation to the conduct or management of litigation or prospective litigation, whether performed in or out of Court or before, during or after any Court proceedings.

      23.  (1)  An Attorney-at-law who desires to practise law shall apply to the Registrar for a certificate to be called a practising certificate.

             (2)  On being satisfied that the Attorney-at-law has paid his annual subscription to the Association under section 12 and his annual contribution to the Fund under section 56, the Registrar shall issue to him a practising certificate.

             (3)  A practising certificate shall be in the form set out as Form 2 in the Second Schedule.

             (4)  The Registrar shall cause to be published in the Gazette—

                    (a)  in the month of February in every year, an alphabetical list of persons who have as at the 31st January in that year obtained a practising certificate;

                    (b)  as soon as practicable after he obtains a practising certificate the name of any person obtaining a practising certificate after the 31st January, in any year.

             (5)  A copy of the Gazette containing the name of any person published pursuant to subsection (4) is prima facie evidence in any Court of the registration on the Roll of the name of, and the holding of a valid practising certi­ficate by that person.

      24.  (1)  In the cases enumerated in subsection (2), an Attorney-at-law applying for a practising certificate shall, unless the High Court otherwise orders, give to the Regis­trar at least six weeks before the application is made notice of his intention to make the application and the High Court may in its discretion order the Registrar to issue or refuse the application or to issue a certificate to the applicant subject to such terms and conditions as it may think fit.

             (2)  Subsection (1) applies to any case where an Attorney-at-law makes an application for a practising certificate—

                    (a)  where for twelve months or more he has ceased to hold a valid practising certificate; or

                    (b)  while he is an undischarged bankrupt or there is in force against him a receiving order in bankruptcy; or

                     (c)  where having been suspended from practice or having had his name struck off the Roll, the period of his suspension has expired, or his name has been restored to the Roll, as the case may be; or

                    (d)  not having held a valid practising certificate within the twelve months next following the date of his registration on the Roll; or

                     (e)  when he has been adjudicated a person of unsound mind; or

                     (f)  without having paid any penalty, compen­sation or reimbursement or costs ordered by the Disciplinary Committee to be paid by him, or without having otherwise complied with any order of the Disciplinary Committee; or

                    (g)  after having had an order made against him for the issue of a writ of attachment; or

                    (h)  after having been adjudicated a bankrupt and obtained his discharge or after having entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors; or

                     (i)  after having had given against him any judgment which involves the payment of moneys other than costs and is not a judgment as to the whole effect of which upon him he is entitled to indemnity or relief from any other person, and without having produced to the Court evidence of the satisfaction of such judgment.

             (3)  In the event of an appeal having been made against a receiving order referred to in subsection (2)(b) or against the order for the issue of a writ of attachment referred to in subsection (2)(i), the Court shall not refuse the application while the appeal is pending unless in its opinion the proceedings on the appeal have been unduly protracted by the appellant or are unlikely to be successful.

             (4)  Where, having regard to certain facts, a dis­cretion becomes exercisable by the High Court in any of the cases set out in subsection (2)(a), (c), (d), (g), (h) and (i), as soon thereafter as a practising certificate has been issued in the exercise of such discretion to the applicant free of conditions, those facts shall cease to operate so as to require the Attorney-at-law to give the notice mentioned in this section or to vest any discretion in the Court.

      25.  When and so long as any of the provisions of para­graph (b), (e), (f) or (g) of section 24(2) apply to an Attorney-at-law, he shall be suspended from practising law.

Law Officers

      26.  (1) For the purposes of this Act, a law officer is—

                              (i)   an Attorney-at-law who holds office in the Judicial and Legal Service established by the Judicial and Legal Service Act, which office is declared by Order of the Minister to be a law office; or

                             (ii)   a legal officer employed by the State on contract.

             (2)  A law officer so long as he remains a law officer shall be deemed to be the holder of a valid practising certificate and to be a practitioner member.

             (3)  A certificate in the forms set out as Form 3A or Form 3B in the Second Schedule signed by the Minister or by a Chief Legal Officer to the effect that a particular person is a law officer is prima facie evidence of that fact.

             (4)  In this section “Chief Legal Officer” means the Solicitor General, the Director of Public Prosecutions or the Chief Parliamentary Counsel.

      27.  Subject to subsection 9(2) a law officer is exempt from paying—

                    (a)  annual subscription to the Law Association; and

                    (b)  annual contribution to the Compensation Fund.

Removal from Roll and Suspension

      28.  An application by an Attorney-at-law to procure the removal of his name from the Roll shall be made in a summary manner to the High Court which shall make such order thereon as it thinks fit.

      29.  (1)  The Registrar shall make the appropriate entry or alteration in the Roll and publish the appropriate notice in the Gazette whenever—

                    (a)  the High Court orders the name of an Attorney-at-law to be removed from the Roll or that the Attorney-at-law be suspended from practising law;

                    (b)  by virtue of any law, the name of an Attorney-at-law is removed from the Roll or an Attorney-at-law is suspended from practising law,

but where there is an appeal against any order from which the suspension or removal results, the Registrar shall ensure that in the event of an appeal he takes no action under this section until the order has been confirmed on appeal.

             (2)  Where the name of an Attorney-at-law is removed from the Roll his practising certificate ceases to be valid.

             (3)  During the period of suspension of an Attorney-at-law from practising law, no practising certificate shall be issued to him and any practising certificate issued to him prior to such suspension ceases to be valid for the period of that suspension.

      30.  Upon the termination of the suspension of an Attorney-at-law from practising law, the Registrar shall forthwith cause a note of the termination of the suspension to be entered in the Roll against the name of the Attorney-at-law, and cause a notice thereof to be published in the Gazette.

Restoration of Name to Roll and

Termination of Suspension

      31.  (1)  An Attorney-at-law whose name has been removed from the Roll or who has been suspended from practising law may, subject to section 32, apply to the High Court by petition to have his name restored to the Roll or the order of his suspension withdrawn, as the case may be.

             (2)  An appeal lies to the Court of Appeal from an order of the High Court refusing an application made under this section.

      32.  (1)  On the hearing of an application made under section 31, the High Court may refer it to the Disciplinary Committee for a report, and may, if satisfied that the applicant is a fit and proper person to practise law, order that his name be restored to the Roll or that the order suspending him from practising law be withdrawn, as the case may be.

             (2)  Any order made by the High Court under this section restoring the name of an Attorney-at-law or terminating the suspension of an Attorney-at-law shall be published in the Gazette by the Registrar.

             (3)  Upon the publication in the Gazette of an order made under subsection (2) and on the payment of any fee prescribed under section 60(c), the Registrar shall make an appropriate entry on the Roll of the date and effect of the order, and where appropriate restore the name of the Attorney-at-law to the Roll.

PART IV

PROFESSIONAL PRACTICE AND CONDUCT

Accounts

      33.  The Council may make Rules with respect to the keeping and operating of accounts of clients’ money by Attorneys-at-law and without prejudice to the generality of the foregoing such Rules may—

                    (a)  prescribe the type of client’s accounts to be kept, the manner of operating them, the particulars to be recorded and the manner of recording them;

                    (b)  empower the Council generally to take such action as may be necessary to enable them to ascertain whether the Rules are being complied with.

      34.  (1)  In order to protect clients against loss of money or property held on their behalf by Attorneys-at-law, the Council shall have power, upon an order of a Judge of the High Court, to control the keeping and distribution of money held by a banker in any client’s account of an Attorney-at-law.

             (2)  Subject to Rules of Court, a Judge of the High Court, if he thinks it necessary or expedient in the interests of the clients to do so, may make an order under sub­section (1) where—

                    (a)  the Judge after due inquiry is satisfied that an Attorney-at-law or his servant or agent is guilty of fraud or improper conduct with respect to a client’s money or property;

                    (b)  after the death of the Attorney-at-law con­cerned if the Attorney-at-law immediately before his death was practising as an Attorney-at-law on his own account and not in partner­ship with another Attorney-at-law.

Discipline

      35.  (1)  The rules contained in the Code of Ethics set out in the Third Schedule shall regulate the professional practice, etiquette, conduct and discipline of Attorneys-at-law.

             (2)  A breach of the rules in Part A may constitute professional misconduct and in Part B shall constitute professional misconduct.

             (3)  Where no provision is made by the rules in respect of any matter, the rules and practice of the legal profession which before the commencement of this Act govern the particular matter shall apply in so far as is practicable.

             (4)  The Council with the approval of the Chief Justice may amend the Third Schedule.

Disciplinary Committee and Proceedings

      36.  (1)  A Disciplinary Committee (hereinafter referred to as “the Committee”) is established for the purpose of dealing with complaints against Attorneys-at-law.

             (2)  The Registrar, or where he so deputizes a Deputy Registrar or an Assistant Registrar, shall perform the duties of Secretary to the Committee.

             (3)  The provisions of the Fourth Schedule shall have effect in relation to the constitution of the Committee and other matters relating to it.

             (4)  Expenses incurred by the Committee in the discharge of its functions shall be met from the Compensa­tion Fund.

      37.  (1)  A client or, by leave of the Committee, any other person alleging himself aggrieved by an act of professional misconduct (including any default) committed by an Attorney-at-law, other than the Attorney General or a law officer, may apply to the Committee to require the Attorney-at-law to answer allegations contained in a statutory declaration made by such person, and the Registrar or any member of the Committee may make a like application to the Committee in respect of allegations concerning any professional misconduct or any such criminal offence as may for the purposes of this section be prescribed by the Council with the approval of the Chief Justice.

             (2)  In any matter or hearing before any Court, where the Court considers that any act of professional misconduct or any criminal offence prescribed under sub­section (1) has been committed by an Attorney-at-law other than the Attorney General or a law officer, the Court may make or cause the Registrar to make an application to the Committee in respect of the Attorney-at-law under that subsection.

      38.  (1)  The Fifth Schedule shall have effect in relation to disciplinary proceedings against Attorneys-at-law other than the Attorney General or law officers.

             (2)  For the purposes of any application made to it under this Act, the Committee shall have the powers of the High Court to summon witnesses, call for the production of books and documents and examine witnesses and parties concerned on oath.

             (3)  Where in any proceedings before the Committee a person so conducts himself that had he been in proceedings before the High Court he would have been held in contempt, the Committee may make application to the High Court in accordance with Rules made by the Rules Committee established under the Supreme Court of Judicature Act for an order of committal.

             (4)  The conviction of an Attorney-at-law of a criminal offence may, for the purposes of disciplinary pro­ceedings against him, be accepted by the Disciplinary Committee as proof of his having committed the offence.

      39.  (1)  On the hearing of an application under this Part, the Committee may—

                    (a)  dismiss the application;

                    (b)  impose on the Attorney-at-law to whom the application relates, such fine as it thinks proper, or

                     (c)  reprimand the Attorney-at-law to whom the application relates; and

                    (d)  make such order as to costs as it thinks fit,

and in addition, except where the application is dismissed, the Committee may order the Attorney-at-law to pay the applicant or person aggrieved such sum by way of compensa­tion and reimbursement and such further sum in respect of expenses incidental to the hearing of the application and the consideration of the report as it thinks fit.

             (2)  The removal from the Roll of the name of an Attorney-at-law shall not be a bar to the continuation of the hearing and determination of an application.

             (3)  Where the Committee is of the opinion that a case has been made out which justifies punishment more severe than may be imposed by it under this section such as suspension from practice or removal from the Roll, the Committee shall forward to the Chief Justice and to the Attorney General a copy of the proceedings before it and its findings thereon.

             (4)  Every decision or order made under this section shall be drawn up, settled and signed by the Registrar who shall keep a written record of any such decision or order.

             (5)  Where an Attorney-at-law is ordered by the Committee to pay compensation or to make reimbursement to an applicant or other aggrieved person, any compensa­tion or reimbursement shall be taken into account in the assessment of damages recoverable against the Attorney-at-law in any civil proceedings brought against him by the applicant or other aggrieved person in respect of any act or default which was the subject matter of the appli­cation which gave rise to the order by the Committee.

      40.  (1)  An Attorney-at-law aggrieved by a decision given or penalty imposed by the Disciplinary Committee may appeal against that decision or penalty to the Court of Appeal.

             (2)  Upon an appeal under this section, the Court of Appeal may affirm or set aside the decision or penalty appealed against or may substitute any other decision or penalty which the Disciplinary Committee could have made or imposed or resubmit the matter to the Disciplinary Committee for a rehearing.

      41.  (1)  Without prejudice to any other rule of law or to any rule of practice whereby the Supreme Court is empowered to take disciplinary action against a person admitted to practise as an Attorney-at-law before it, it is hereby declared that the High Court has the power to take disciplinary action in accordance with Rules of Court made for the purpose under section 78(1)(l) of the Supreme Court of Judicature Act with respect to his professional conduct against an Attorney-at-law and in particular the High Court may make any one or more of the following orders, namely:

                    (a)  an order removing from the Roll the name of the Attorney-at-law against whom dis­ciplinary proceedings have been instituted;

                    (b)  an order suspending the Attorney-at-law from practice for such time as the High Court deems fit;

                     (c)  such order as to costs, as regards both the proceedings before it and the proceedings before the Disciplinary Committee as the High Court deems fit;

                    (d)  such further or other order as the circum­stances of the case may require.

             (2)  In the exercise of the powers under subsection (1) the High Court shall sit as a full Court consisting of three Judges.

             (3)  The Attorney-at-law whose professional conduct is the subject of any disciplinary proceedings before the High Court shall be entitled as of right to appeal to the Court of Appeal from any decision or other determination of the High Court in such proceedings.

      42.  Notwithstanding anything in this Act, the jurisdiction, power and authority vested in any Court immedi­ately before the commencement of this Act—

                    (a)  by the common law with respect to the discipline of, or

                    (b)  by any written law to deal with contempt of Court committed by,

Barristers or Solicitors shall continue to be exercisable after such commencement in relation to Attorneys-at-law.

Disciplinary Off