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Legal Profession (Procedure and Evidence for Disciplinary Hearing) Rules, 2025

Legal Notice 3 of 2025

Legal Profession (Procedure and Evidence for Disciplinary Hearing) Rules, 2025
Citation
Legal Notice 3 of 2025
Primary work
Legal Profession Ordinance
Date
7 February 2025
Language
English
Publication
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Turks and Caicos Islands
Legal Profession Ordinance

Legal Profession (Procedure and Evidence for Disciplinary Hearing) Rules, 2025

Legal Notice 3 of 2025

  • Published
  • Assented to on 31 January 2025
  • Commenced on 7 February 2025
  • Note: See section 1
  • [This is the version of this document from 7 February 2025.]
MADE by the Chief Justice under section 27 of the Legal Profession Ordinance.

1. Citation and commencement

These Rules may be cited as the Legal Profession (Procedure and Evidence for Disciplinary Hearing) Rules 2025 and shall come into force on 7 February 2025.

2. Definitions

In these Rules—“Respondent Attorney” means an Attorney as defined by section 2 of the Ordinance against whom a complaint has been made and who is the subject of disciplinary proceedings under sections 24 and 25 of the Ordinance;“Bar Council” is established under section 16 of the Ordinance and constituted under section 17 of the Ordinance.

3. Purpose and scope

(1)These Rules govern the procedures, conduct, and admissibility of evidence in hearings concerning allegations of professional misconduct referred by the Bar Council under section 24 of the Ordinance.
(2)These Rules aim to ensure—
(a)fair and impartial adjudication;
(b)protection of the public interest; and
(c)preservation of the integrity and dignity of the legal profession.

4. Filing of complaints

(1)The Bar Council shall submit a formal complaint to the Chief Justice, which must include—
(a)a written summary of the allegations;
(b)copies of all relevant documents and evidence in the Bar Council’s possession;
(c)a declaration signed by the President of the Bar Council confirming that the Bar Council has determined a prima facie case exists.
(2)A copy of the complaint and supporting materials as stated in sub-rule (1)(a) to (c) above shall be served on the Respondent Attorney within seven days of filing.

5. Notice of hearing

(1)Within fourteen days of receiving the complaint, the Chief Justice shall issue a notice of hearing to the Respondent Attorney and the Bar Council, specifying—
(a)the allegations against the attorney;
(b)the date, time, and location of the hearing;
(c)instructions for submitting a written response within fourteen days
(2)The notice may also outline any preliminary matters to be addressed before the hearing.

6. Preliminary motions and objections

(1)Any preliminary motion or objection by the Respondent Attorney or the Bar Council shall be submitted in writing to the Chief Justice no later than seven days before the hearing date.
(2)The Chief Justice may rule on such motions prior to the hearing or defer the decision to the hearing date.

7. Representation

(1)The Bar Council shall appoint an attorney to represent its interests in respect of the complaint.
(2)The Respondent Attorney may represent themselves or appoint legal counsel.

8. Pre-hearing procedures

(1)The Chief Justice may convene a pre-hearing conference to—
(a)clarify the issues in dispute;
(b)establish timelines for the submission of evidence and witness lists;
(c)address any procedural matters or objections.
(2)The pre-hearing conference may be conducted virtually or in person.

9. Hearing procedures

The order of proceedings shall be as follows—
(a)opening statements for the Bar Council and the Respondent Attorney;
(b)presentation of evidence for the Bar Council, including witness testimony;
(c)cross-examination of witnesses by the Respondent Attorney or their counsel;
(d)presentation of the Respondent Attorney’s defense, including evidence and witnesses;
(e)cross-examination of the Respondent Attorney’s witnesses on behalf of the Bar Council;
(f)closing statements by both parties.
(2)The Chief Justice may ask questions at any stage to clarify evidence or issues.

10. Evidence rules

(1)Evidence shall be admissible if it is relevant, material, and not overly prejudicial.
(2)The Chief Justice may admit hearsay evidence if it is deemed reliable and its probative value outweighs potential prejudice.
(3)Documentary evidence must be authenticated, and objections to its admissibility must be raised promptly.
(4)The burden of proof rests with the Bar Council, and the standard of proof shall be beyond a reasonable doubt.

11. Mode of hearing

All disciplinary proceedings shall be held in camera unless otherwise ordered by the Chief Justice.

12. Witnesses

(1)Witness lists shall be exchanged by both parties at least seven days before the hearing.
(2)Witnesses shall testify under oath or affirmation.
(3)The Chief Justice may summon witnesses or compel the production of documents as necessary.
(4)Witness intimidation by an Attorney shall constitute professional misconduct and may be referred for separate disciplinary action.

13. Decision and penalties

(1)The Chief Justice shall issue a written decision within thirty days of the hearing’s conclusion, including—
(a)findings on each allegation;
(b)reasons for the decision;
(c)any penalties imposed.

14. Confidentiality and publication

Proceedings shall remain confidential unless—
(a)the Chief Justice directs otherwise; and/or
(b)publication is necessary to protect the public interest.

15. Miscellaneous provisions

(1)The Chief Justice may, in exceptional circumstances, waive or vary any procedural requirement under these Rules.
(2)Procedural matters not addressed in these Rules shall be determined by the Chief Justice in accordance with the principles of fairness, natural justice, and the overriding objectives of the disciplinary process.
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History of this document

07 February 2025 this version
Commenced

Note: See section 1

31 January 2025
Assented to