Legal Practitioners (Amendment) Act 2010

Continued from last week

AN ACT to amend the Legal Practitioners Act.

Enacted by Parliament of Guyana:-

PART II
DISCIPLINE


25. (1) There shall be a Chairman of the committee who shall be elected by the members from among the members who have at least ten years standing as attorneys-at-law.

(2) If the Chairman of the Committee is absent or unable to act, the members present shall elect another member to act as Chairman.

26. Where a member of the Committee is absent or unable to act, the Chancellor may appoint an attorney-at-law to act in the place of the member, after consultation with the Bar Associations.

27. An appointment member of the Committee may at any time resign his office by letter delivered to the Registrar.

28. The Chancellor shall, upon the request of the Bar Association if they think it expedient to do so, revoke the appointment of any member of the Committee.

29. Where an appointed member of the Committee vacates his seat before the expiration of his term of office, the Chancellor may appoint, in like manner as under section 23, an attorney-at-law to fill the vacancy for the remainder of that term of office.

30. The Registrar shall cause the names of all members of the Committee as first constituted, and every change in membership of the Committee, to be published in the Gazette.

31. (1) The Committee shall meet at times as may be necessary or expedient for the transaction of business, and meetings shall be held at the places and times and on the days as the Committee determines.

(2) The quorum of the meeting shall be five members.

(3) The validity of any proceedings of the Committee  shall not be affected by any defect in the appointment of [a] member of the Committee.

(4) Subject to the provisions of this part, the Committee shall have the power to regulate its own proceedings.

32. A member of the Committee shall not be personally liable for any act or default of the Committee done or omitted to be done in good faith in the performance of its functions under this Act.

33. Any expenses lawfully incurred by [t]he Committee in the performance of its functions under this Act, shall be paid out of moneys from the Consolidated Fund.

34. (1) The Code of Conduct set out in the Fourth Schedule shall regulate the professional practice, etiquette, conduct and discipline of [an] attorney-at- law.

(2) Any attorney-at-law who breaches the Code of Conduct commits an act of professional misconduct.

(3) The Chancellor may, in consultation with the Bar Association, amend the Fourth Schedule.

35. A client or, by leave of the Committee, any other person alleging himself aggrieved by an act of professional misconduct, 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 an affidavit made by a client or other 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 criminal offence as may for the purposes of this section be prescribed by the Chancellor with the approval of the Bar Associations.