In disciplinary proceedings before the Solicitors Disciplinary Tribunal, allegations must be proved to the criminal standard, and certainly so where the allegations are serious and may result in suspension or disqualification. Hearsay evidence should not be admitted. ‘It seems to us, if we may respectfully say so, that it is not altogether helpful if the burden of proof is left somewhere undefined between the criminal and the civil standard. We conclude that at least in cases such as the present, where what is alleged is tantamount to a criminal offence, the tribunal should apply the criminal standard of proof, that is to say proof to the point where they feel sure that the charges are proved or, to put it another way, proof beyond reasonable doubt. This would seem to accord with decisions in several of the Provinces of Canada.’ Lord Llane referred to the provision in the Bar’s Code of Conduct requiring the tribunal to apply the criminal standard of proof and observed: ‘it would be anomalous if the two branches of the profession were to apply different standards in their disciplinary proceedings’.
Judges:
Lord Lane CJ
Citations:
Gazette 13-May-1992, [1993] QB 69
Jurisdiction:
England and Wales
Citing:
Approved – Bhandari v Advocates Committee PC 1956
Complaints of professional misconduct against a member of a legal profession are to be proved to the criminal standard. Lord Tucker said: ‘With regard to the onus of proof the Court of Appeal [for East Africa] said: ‘We agree that in every . .
Cited by:
Cited – Aaron v The Law Society (the Office of the Supervision of Solicitors) QBD 13-Oct-2003
The appellant challenged an order suspending him from practice as a solicitor for two years. He had previous findings of professional misconduct in failing to pay counsels’ fees. In the course of later disciplinary proceedings he was found to have . .
Cited – Campbell v Hamlet (as executrix of Simon Alexander) PC 25-Apr-2005
(Trinidad and Tobago) The appellant was an attorney. A complaint was made that he had been given money to buy land, but neither had the land been conveyed nor the money returned. The complaint began in 1988, but final speeches were not heard until . .
Cited – Harris v The Solicitors Regulation Authority Admn 28-Jun-2011
The solicitor appealed against findings and orders regarding allegations of having failed to disclose to clients referral fees paid by him to third parties, and of having given misleading fees information.
Held: The appellant had admitted . .
Lists of cited by and citing cases may be incomplete.
Legal Professions
Updated: 12 July 2022; Ref: scu.81678