Disciplinary Committee Proceedings

The Disciplinary Committee is an integral part of the Bar Association’s self-regulatory machinery provided for by the Legal Profession Act, 2008. The Disciplinary Committee is charged with considering complaints lodged by members of the public concerning members of the legal profession. The members of the Disciplinary Committee are appointed by the Honorable Chief Justice of the Eastern Caribbean Supreme Court for a term of 3 years. The appointed members for the period 8th October, 2018 to 7th October, 2021 are:

 

Mrs. Simone Bullen-Thompson 

Delano Bart QC

Mr. Delara MacClure Taylor

Mrs. Tashna Powell Williams

Ms. Elizabeth Harper

Ms. Rhonda Nisbett-Browne

Ms. Kurlyn Merchant

 

An Attorney-at-law who engages in misconduct may be brought before the Disciplinary Committee to answer the allegations lodged against him or her.


A complaint against an attorney-at-law for misconduct shall not be brought more than one year after:

(a) the date of occurrence of the facts giving rise to the complaint; or


(b) the date of knowledge of the facts giving rise to the complaint of the
complainant.

 

The Registrar, Deputy Registrar and or Assistant Registrar of the High Court performs the duties of Secretary to the Disciplinary Committee.

 

A complaint against an attorney-at-law must in writing and made by application and by an affidavit containing the allegations of misconduct. The complainant must submit the application and affidavit to the Secretary of the Disciplinary Committee.


On the hearing of an application, the Committee may:

(a) dismiss the application;


(b) impose on the attorney-at-law to whom the application relates, such fine as it thinks proper; or


(c) reprimand the attorney-at-law to whom the application relates; or


(d) make such order as to costs as it thinks fit, and in addition, except where the application is dismissed, the Committee may order the attorney-at-law to pay the applicant or person aggrieved such sum by way of compensation and reimbursement and such further sum in respect of expenses incidental to the hearing of the application and the consideration of the report as it thinks fit.


An attorney-at-law aggrieved by a decision given or penalty imposed by the Committee may appeal against that decision or penalty to the Court of Appeal.