Jersey Judgment

In re MM v [2011] JLR 12 (06 January 2011)

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Professional case brief

Research organized from the available case record

Source document

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 Authority

03

Procedural history

  1. Posture

    Disciplinary Proceedings / Review of Law Society's Handling of Complaint

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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

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Judgment text

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Source document

Court record

Judgment

[2011] JLR 12

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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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Authorities

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Jersey Law Society Code of Conduct

Legislation

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