Canons specifiy certain

offences that amounts

to conduct unbeffiting
Duty to assist in maintaining
integrity of administration
of justice

Overall Duties

Canon V

Duty to the State

and Public
Attorney under a duty not the advise
or assist in the violation of the
laws of the state
Gooodenough v Spencer

Duty to the Court

"helper in the administration
of justice"
Rondel v Worsley

Duty to Client
Confidentiality, conflict of interest,
due care and skill, reasonable fees,
avoid fraud and misappropriating
of client funds

Duty to Profession and

Fellow Attorneys

Introduction
Definition
conduct which involves
failure on the part of the
Attorney to fulfill his duty,
in promoting in his own sphere
or interest the cause of duty

Nature of Misconduct
Attorney may be
punished
for Misconduct alleged
as a lawyer
(in the course of his
profession)

Myers v Elman
[1940]

Attorney may also be

punished for
offence which has
no relation to his
character as a solicitor

Duty of every attorney to

report improper or unprofessional
conduct by a colleague to GLC

Re Weare
[where solicitor name
struck off the rolls where he had
been allowing his house for which
he was the landlord to be used
as a brother]

Undertakings, Touting, Advertising

Standard of Proof

Professional Misconduct

Conviction of a criminal
offence prima
facie makes solicitor
unfit to continue on the
roll but court has
discretion and will
inquire into nature
of crime first
Not all conviction
amounts to conduct
unbefitting a solicitor
e.g minor crimnal
offence

allegation involving
deceit or moral turpitude
require a high standard
of proof
Bhandari v
Advocates
Commitee

Re A Solicitor
[1960]

Re A Solicitor
(1992)
- [held that standard
of proof was beyond
a reasonable doubt
as matter was tantamount
to a criminal offence]

Hamlet v Campbell
[Criminal standard was to
be applied to all disciplinary
proceedings concerning the
legal profession]

Professional Discipline
(The GLC)
The GLC Powers
Standard of Proof
What makes misconduct

Hearing

Hearing

An attorney shall not knowingly

make a false statement of law
or fact
Canon V(o)

An attorney shall not knowingly

represent falsely to a
judge, court, tribunal, official
.. that particular state of facts
exists
Canon V I (c)

There are prescribed

offences which
can attract disciplinary
action
Section 12(1)(b) Legal Profession
Prescribed Offences Rules
a. treason
b. treason felony
c. capital and
non-capital murder
d. manslaughter
e. incest, rape, carnal
abuse, sexual offences
f. abduction, child stealing
g. counterfeiting money and
uttering counterfeit money
h. forgery and uttering forgery
i. offences against
the Larceny Act
j. piracy
k. cultivating ganja, selling or
dealing with ganja
or dangerous drugs
l. money laundering
country to relevant Act
m. corruption or bribery
n. perjury and making
of false statements
o. practicing as attorney
without a practicing certificate
p. conspiracy to commit,
attempt to commit and aiding and
abetting procuring
or counseling the
commission of any if
the preceding offences

Handling of Client Funds

Hearing should conform to the

form of a trial
Re Eastmond
Exam in Chief,
Cross exam and
addresses at the
end of the hearing

Disciplinary Commitee
has the power to regulate
its own proceedings
Legal Profession Act

Evidence that may in strict

law be inadmissible may
be used - can use evidence
of previous proceedings
against solicitor
Re A Solicitor 1992

Right to fair hearing is

equal to that of party in
proceedings in court
Aris v Chin
[where attorney was
refused an adjournment
to produce medical certificate
amounted to denial of
rights to a fair hearing]

Re Niles
[No medical certificate
produced to support the
application but appeal
denied since fair
opportunity to be heard was
provided to the attorney]

Client funds
GLC may make
regulations that
require attorneys to
keep separate accounts
of clients' monies and
to keep accounts containing
particulars
Legal Profession Act
Part 7

GLC may take necessary

action to ascertain if
regulations are complied with
An attorney shall comply
with rules prescribed by
GLC relating to keeping
of separate accounts...
Canon VII(a)

Hearing must appear free

of bias
"justice should not only be
done but manifestly seen to
be done"
Hall v Bermuda Bar
Council
[M, member of
prosecuting body
sat in judicial capacity
on disciplinary tribunal,
decision of committe
quashed
even though no actual bias]

Attorney shall keep such accounts

as shall clearly and accurately
distinguished the financial
position between himself and his
client and account to
client for all monies whenever reasonably
required to do so
Canon VII(a)
Canon VII(b)

GLC made regulation

providing the manner
in which attorneys should
keep accounts and also
that attorney should
submit accountant's report
within a specified time frame
with the council and may
have to deliver books
and records as permitted
Legal Profession Account and
Records Regulation

GLC v Haughton-Cardenas
[held GLC has power
to make these regulations
so that breach would
constitute professional
misconduct-where attorney failed to
deliver accountant report
for 4 years - secretary of GLC
took action and attorney
challenged validity of regulations]

The GLC Powers

Although supreme court
has jurisdiction to discipline
lawyers as officers of the
court, nowadays except
for contempt of court
and exceptional
circumstances - most
disciplinary actions are
excercised by GLC
Established by Statute to
perform disciplinary function
for lawyers
ss 11-15
Legal Profession Act

Full punitive power

to reprimand, suspend or
disbar an attorney from
practice
Right of appeal to
the Court of Appeal
against any order
made by GLC; CA may set
aside, confirm, vary the
orderor
direct for application
to be reheard
If reheard - no
greater punishment can
be imposed than that first
ordered
McCalla v Disciplinary
Committee

hearing before disciplinary

commitee should be in the
nature of a trial as
far as practicable;experienced
attorney appointed to present
case against Attorney
Re Eastmond