DISCIPLINARY TRIBUNAL COMPLAINT GUIDELINES
WHAT SHOULD I DO WHEN I HAVE A COMPLAINT?
Raise the matter at once with your Attorney, preferably in writing. Most minor problems can be resolved quickly if they are raised early. The longer you wait to raise your complaint, the more difficult it will be to investigate and to establish exactly what happened.
HOW DO I KNOW WHETHER I HAVE A COMPLAINT?
You may seek the advice of an independent Attorney-at-law to determine whether you have a valid complaint. An independent Attorney-at-law would be useful to provide you with an impartial assessment of your Attorney’s conduct. If you do not have such an opportunity you should contact the offices of the Disciplinary Tribunal by visiting the Upper Level at Hannah Waver House, Caribbean Commercial Centre, The Valley, by calling 264-461-2227 or by emailing disciplinarytribunal@anguillabar.com
THE DUTIES OF AN ATTORNEY AT LAW
Schedule 5 of the Legal Profession Act contains the Code of Ethics. It contains a list of the Rules that govern professional conduct and practice for lawyer.
HOW TO BEGIN DISCIPLINARY PROCEEDINGS
At the offices of the Disciplinary Tribunal you will be given two forms (these are also available on the website). Form 1 is the formal application to the Disciplinary Tribunal. Form 2 is an affidavit which must be sworn by you before a Commissioner of Oaths/Notary Public. After the forms are correctly filled out and sworn you will file them with the Office of the Disciplinary Tribunal.
WHO MAY COMPLAIN
Every client has a right to complain. Where the Attorney has represented more than one person, each of those persons may either separately or jointly file the complaint.
Persons who are not clients may, with the leave of the Disciplinary Tribunal, also issue complaints. The key issue is whether the Attorney has committed an act of professional misconduct and if you were not a client, but nonetheless a person directly affected by the alleged professional misconduct, you may proceed to file the complaint. At the hearing, you will need to seek permission to proceed with the complaint.
COMPLETING THE FORMS CORRECTLY
You should take care in filling out the forms, especially Form 2, (the affidavit). In the affidavit you are to state the grounds of your complaint. Choose your language carefully. It would be ideal if you consult an independent Attorney-at-law for help in correctly filling out the form and supporting affidavit. The grounds of your complaint must contain an accurate statement of your specific complaint. Where possible, you should refer to the specific paragraph or paragraphs of the Code of Ethics which you allege your Attorney has breached. Avoid irrelevant material and concentrate on exactly what your Attorney did or did not do that forms the basis of your complaint.