Disciplinary Sanctions
(1) Under the provisions of The Law Society of Jersey Law 2005, a Disciplinary Committee of the Law Society shall, on hearing a complaint deal with the matter in one of the following ways, as it thinks fit:
(a) by dismissing it;
(b) if it is satisfied that the complaint is proved and that it constitutes professional misconduct by the practitioner, but that it can properly be dealt with either by way of a public reprimand or a private rebuke, by so reprimanding or rebuking the practitioner; or
(b) if the committee is satisfied that the complaint is proved – (i) and is satisfied that it can be dealt with by applying one of the penalties specified in paragraph (2), by so dealing with it, (ii) but is not satisfied that any of the penalties specified in paragraph (2) are adequate, by referring it to the Attorney General;
(c) by referring the complaint to the Attorney General without making a finding.
(2) For the purposes of paragraph (1)(b)(i), the disciplinary committee may in respect of the practitioner or legal services body, as the case may be
(a) issue a private rebuke or a public reprimand;
(b) impose a fine of up to £10,000; or
(c) impose a fine of up to £10,000 and issue a public reprimand.
Where the decision of the Disciplinary Committee is to issue a public reprimand against a practitioner, the reprimand will be published in the Jersey Gazette and on the Law Society website.
Where a matter is referred by the Attorney General to the Royal Court, the Royal Court may in respect of the practitioner or legal services body, as the case may be, dismiss the complaint (unless the matter has already been proven to the satisfaction of the Disciplinary Committee and is referred only for the purpose of sanction) or may:
(a) issue a private rebuke or a public reprimand;
(b) impose a fine of any amount;
(c) impose a fine of any amount and issue a public reprimand;
(d) suspend the practitioner from practice as an advocate or solicitor for a specified period not exceeding 12 months;
(e) suspend the legal services body from operating as such for a specified period not exceeding 12 months;
(f) order that the practitioner’s name be removed from the roll of advocates or solicitors, as the case may be; or
(g) order that the legal services body be removed from the register of legal services bodies (if any).
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