Legal Practitioners (Amendment) Act 2010 Continued

(2)  In any matter or hearing before any Court, where the Court considers that an act referred to in subsection (1) has been committed by an attorney- at-law other than the Attorney General or a Law Officer, the Court may make or cause the Registrar to make an application to the Committee in respect of the attorney- at-law under that subsection.

(3) Any application under that subsection (1) shall be made to and heard by the Committee in accordance with rules made under section 40.

36.  (1) On the hearing of an application under section 35, the Committee may-

(a) dismiss the application;

(b) impose on the attorney-at-law to whom the application relates, a fine not exceeding two hundred thousand dollars as the Committee thinks proper;

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

(d) make an order as to costs of proceedings 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 a sum by way of compensation and reimbursement and any further sum in respect of expenses incidental to the hearing of the application and the consideration of the report as it thinks fit.

(2) The removal from the Court Roll of the name of the attorney-at-law shall not be a bar to the continuation of the hearing and determination of an application.

(3)  Where the Committee is  of the opinion that case has been made out which justifies punishment more severe than may be imposed by it under this section like suspension from practice or removal from the Court Roll, the Committee shall forward to the Chancellor and to the Attorney General a copy of the  proceedings before it and its findings.

(4) Every order made under this section shall be drawn up, settled and signed by the Registrar who shall keep a written record of all decisions and records.

(5)  Where an attorney-at-law is ordered by the Committee to pay compensation or to make reimbursement to an applicant or other aggrieved person, any compensation or reimbursement may be taken into account in the assessment of damages recoverable against the attorney- at-law in any civil proceedings brought against him by the applicant or other aggrieved person in respect of any act or default which was the subject matter of the application which gave rise to the order of the Committee.

37. (1) Where any application has been heard, the Committee shall-

(a) where a case of misconduct has, in their opinion, been established against the attorney-at-law, report their findings to the Judges of the Court; or

(b) where, in their opinion, no case of misconduct is established against the attorney- at-law, dismiss the application and report their findings to the Judges of the Court and may make such recommendations in relation to their findings as they think fit.

(2) The report of the Committee shall be signed by the Chairman and filed in the Registry but shall not be open to public inspection.

(3) The Registrar shall in each case submit the report with the record of the proceedings to the Judges of the Court who shall direct whether any and further proceedings shall be taken, either by way of reference back to the Committee or otherwise.

(4) The Register shall, if so directed by the Judges of the Court, set down the report for consideration by the Court constituted of not less than three Judges.

(5) At the hearing by the Court, the Attorney-at-law shall be required to show cause why an order shall not be made against him may also be heard.

(6) At the conclusion of the hearing the Court may make an order on the report as the Court may think fit.