Disciplinary procedures against lawyers to go public

At present, complaints against lawyers are dealt with behind closed doors by the various bar councils and law societies. These matters usually remain behind closed doors, unless they result in a practitioner being struck off the roll by the High Court. The Bill, which has been approved by the National Assembly, provides for sweeping changes to the legal professions, including bringing attorneys and advocates under the regulatory authority of a single Legal Practice Council and revised disciplinary procedures for the profession. The Department of Justice's chief director of legislative development, Lawrence Bassett, said yesterday there would be three different structures to deal with discipline. He was briefing the Select Committee on Security and Constitutional Development in the National Council of Provinces on the Bill. The three structures are investigating committees to probe complaints, disciplinary committees to adjudicate on the recommendations of investigating committees, and appeal tribunals for legal practitioners aggrieved with decisions made by disciplinary committees. The disciplinary committees and appeals tribunals should comprise both legal practitioners and lay people. 'In order to enhance transparency and accountability, all disciplinary committee and appeal tribunal proceedings must be held in public,' Bassett said. He also referred to the Legal Practice Council website, saying all allegations against legal practitioners, and the outcomes of proceedings, including any sanctions imposed, should be made public. Full Business Day report (subscription needed)