Disciplinary proceedings relating to Advocates
New provisions concerned with professional misconduct are to be found in Part II of The Guernsey Bar (Bailiwick of Guernsey) Law, 2007.
The Law founded for the former Chambre de Discipline is to be newly constituted. The Chambre de Discipline is appointed by an Appointments Committee comprising the Bailiff, the Senior Jurat and the Batonnier for the time being.
There are 3 separate panels from whom a 3 person Chambre is chosen, one from each panel.
The 3 panels comprise:
(1) Lay persons;
(2) Advocates of 15 years standing; and
(3) Senior lawyers of 15 years standing who are not Advocates.
The President of the Chambre is selected by the Appointments Committee from the panel of lay persons.
The President and the Batonnier have the responsibility for considering whether a complaint should be referred to the Registrar.
The President selects the members of the Chambre to hear a complaint and gives directions for the management of any complaint before the Chambre.
The Royal Court appoints the Registrar. The Registrar is responsible for determining whether a prima facie case of misconduct exists. He is also responsible for the collection and presentation of evidence in respect of a complaint organising hearings of the Chambre and the provision of advice and assistance to the President (other than under sections 16 and 21 of the Law) and to the Chambre.
It is to be noted that the Chambre deals with allegations of professional misconduct and does not determine allegations of negligence or matters concerning a fee bill unless a prima facie case of misconduct is found by the Registrar.
A complainant who believes that there has been a case of professional misconduct should send a letter of complaint with relevant information to:
La Chambre de Discipline (Guernsey Bar)
c/o Bailiff's Chambers
Royal Court House
St Peter Port