In re MM v [2011] JLR 12 (06 January 2011)
- Citation
- [2011] JLR 12
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Disciplinary Proceedings / Review of Law Society's Handling of Complaint
More details
- Posture
- Disciplinary Proceedings / Review of Law Society's Handling of Complaint
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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
02
Material facts
Parties
MM
Advocate (subject of Disciplinary Proceedings)Jersey Law Society
Disciplinary Authority03
Procedural history
Posture
Disciplinary Proceedings / Review of Law Society's Handling of Complaint
04
Questions and positions
Legal issues
- 01
Whether the Jersey Law Society fulfilled its duties in processing a disciplinary complaint against an advocate
- 02
Whether the disciplinary proceedings complied with rules of natural justice
Party arguments
- Applicant
- The Law Society failed to ensure the advocate was aware of the allegations and evidence, and did not provide a proper procedural framework or legal advice to the disciplinary committee.
- Respondent
- The Law Society processed the complaint and provided the necessary materials to the disciplinary committee.
05
Court’s reasoning
Legal principles
- 01
Jersey Law Society Code of Conduct and general principles of administrative law
Disciplinary proceedings are quasi-judicial and must comply with rules of natural justice.
- 02
Jersey Law Society Code of Conduct
The Law Society must ensure the advocate is aware of the allegations and evidence against them, and must provide a proper procedural framework and legal advice to the disciplinary committee.
06
Ratio, limits and disposition
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.
Obiter and limits
- A legally qualified committee member must have litigation experience to properly advise the disciplinary committee.
- Providing only a letter of complaint and a transcript of judgment is insufficient assistance to the disciplinary committee.
Court disposition
Law Society's handling of the disciplinary proceedings found deficient
- Law Society must ensure future disciplinary proceedings comply with rules of natural justice and provide adequate procedural framework and legal advice
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> In re MM v [2011] JLR 12 (06 January 2011) URL: https://www.bailii.org/je/cases/JLR/2011/JLR110012.html Cite as: [2011] JLR 12 [ New search ] [ Help ] In re MM v 2011 JLR 12 (06 January 2011) Advocates-disciplinary proceedings-duties of Law Society-proceedings quasi-judicial to which rules of natural justice apply-Law Society (a) to process complaint to ensure advocate aware of allegations against him and evidence on which based (potential breaches of Jersey Law Society Code of Conduct to be identified); and (b) to establish disciplinary committee to ensure due process, by providing procedural framework and legal advice (duty not met if legally qualified committee member has no litigation experience, and only assistance to committee is letter of complaint and transcript of judgment in which advocate criticized) The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2011 JLR 12 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2011/JLR110012.html
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