In re MM v [2011] JLR 12 (06 January 2011)
The Law Society failed in its duty to ensure due process by not adequately informing the advocate of the allegations and evidence, and by not providing sufficient legal advice or procedural framework to the disciplinary committee.
- Citation
- [2011] JLR 12
- Parties
- Advocate (subject of Disciplinary Proceedings): MM; Disciplinary Authority: Jersey Law Society
- Jurisdiction
- Jersey
- Judgment Date
- 06 January 2011
- Procedural Posture
- Disciplinary Proceedings / Review of Law Society's Handling of Complaint
- Outcome
- Law Society's handling of the disciplinary proceedings found deficient
- Legal Topics
- Duties of Law Society, Natural Justice, Disciplinary Procedure, Code of Conduct Breaches
Case Brief
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Parties
MM
Advocate (subject of Disciplinary Proceedings)
Jersey Law Society
Disciplinary Authority
Procedural Posture
Disciplinary Proceedings / Review of Law Society's Handling of Complaint
Legal Issues
- 1 Whether the Jersey Law Society fulfilled its duties in processing a disciplinary complaint against an advocate
- 2 Whether the disciplinary proceedings complied with rules of natural justice
Ratio Decidendi
The Law Society failed in its duty to ensure due process by not adequately informing the advocate of the allegations and evidence, and by not providing sufficient legal advice or procedural framework to the disciplinary committee.
Court Disposition
Law Society's handling of the disciplinary proceedings found deficient
Orders
- Law Society must ensure future disciplinary proceedings comply with rules of natural justice and provide adequate procedural framework and legal advice
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