Part 5
Complaints and Disciplinary Hearings in Respect of Legal Practitioners
Chapter 1
Complaints
Misconduct by legal practitioners.
45.—(1) An act or omission of a legal practitioner may be considered as constituting misconduct where—
(a) the act or omission involves fraud or dishonesty,
(b) the act or omission is connected with the provision of legal services, where the legal practitioner has fallen short, to a substantial degree, of the standards reasonably expected of a legal practitioner,
(c) the act or omission, where occurring otherwise than in connection with the practice of law, would justify a finding that the legal practitioner concerned is not a fit and proper person to engage in legal practice,
(d) the act or omission consists of an offence under this Act or, in the case of a solicitor, an offence under the Solicitors Acts 1954 to 2011,
(e) the act or omission, in the case of a legal practitioner who is a barrister, is likely to bring the barristers’ profession into disrepute,
(f) the act or omission, in the case of a legal practitioner who is a solicitor, is likely to bring the solicitors’ profession into disrepute,
(g) the act or omission consists of the commission of an arrestable offence,
(h) the act or omission consists of the commission of a crime or offence outside the State which, if committed within the State, would be an arrestable offence,
(i) the act consists of issuing a bill of costs which is excessive.
(2) In this section “arrestable offence” has the same meaning as it has in the Criminal Law Act 1997.
Investigation of complaints in respect of legal practitioners.
46.—(1) Subject to the provisions of this Part, on the coming into operation of this Part, a person who wishes to make a complaint that a legal practitioner has, by act or omission, been guilty of misconduct shall make the complaint to the Authority.
(2) Subsection (1) shall not act to prevent the Authority or a person who is aggrieved by the act or omission of a legal practitioner seeking assistance from a person with a view to resolving the issue to which a complaint relates.
Investigation on own initiative.
47.—The Authority may initiate an investigation into the practice of a legal practitioner at any time for the purpose of establishing whether or not the legal practitioner concerned is in compliance with—
(a) the provisions of this Act,
(b) regulations made under this Act, and
(c) in the case of a solicitor—
(i) the provisions of the Solicitors Acts 1954 to 2011,
(ii) regulations made under the Solicitors Acts 1954 to 2011.
Admissibility of complaints.
48.—(1) A complaint shall not be considered by the Authority if in the opinion of the Authority—
(a) it is frivolous or vexatious, or
(b) it is without substance or foundation.
(2) The Authority shall not consider a complaint in respect of a solicitor where it is satisfied that the act or omission to which the complaint relates is—
(a) the same or substantially the same act or omission as that which was the subject matter of a complaint in respect of that solicitor which was previously determined under the Solicitors Acts 1954 to 2011—
(i) by the High Court,
(ii) by the Solicitors Disciplinary Tribunal,
(iii) by the Solicitors Disciplinary Committee, or
(iv) by the Law Society,
or
(b) the same or substantially the same act or omission as that which was the subject of civil proceedings or criminal proceedings in respect of which a final determination of the issues has been made by the court in those proceedings in favour of the solicitor concerned.
(3) The Authority shall not consider a complaint in respect of a barrister where it is satisfied that the act or omission to which the complaint relates is—
(a) the same or substantially the same act or omission as that which was the subject matter of a complaint in respect of that barrister which was previously determined by the Barristers Professional Conduct Tribunal, or
(b) the same or substantially the same act or omission as that which was the subject of civil proceedings or criminal proceedings in respect of which a final determination of the issues has been made by the court in those proceedings in favour of the barrister concerned.
(4) The Authority may make Regulations (consistent with this Act) regarding—
(a) the making of complaints to the Authority under this Act, and
(b) the procedures to be followed by the Authority and the Complaints Committee in investigating complaints under this Act.
(5)(a) Where the Authority is satisfied that the complaint is likely to be resolved by mediation or other informal means (including through the intervention of the body which, in relation to the legal practitioner concerned, is the relevant professional body) between the complainant and the legal practitioner concerned, it may invite those parties to attempt to resolve the issue the subject of the complaint in that manner and where it so invites the parties to attempt to resolve the issue it shall not take any further action in relation to the complaint until the parties have done so.
(b) Where the Authority has invited the complainant and the legal practitioner to resolve the issue the subject of the complaint and—
(i) a reasonable period of time has passed without the issue having been resolved, or
(ii) the Authority is satisfied that the complaint is unlikely to be resolved by mediation or other informal means,
the Authority shall notify in writing the parties concerned to that effect and proceed to investigate the complaint in accordance with this Part.
Complaints Committee authorised to perform functions of Authority under this Part.
49.—The functions of the Authority under this Part shall be performed by a committee to be known as the Complaints Committee, where so authorised either generally or by reference to a specific matter and which is appointed pursuant to section 50.
Membership of Complaints Committee.
50.—(1) The Complaints Committee shall be appointed by the Authority with the approval of the Minister and shall consist of not more than 16 members of whom—
(a) the majority shall be lay persons,
(b) not less than 3 shall be persons nominated by the Law Society, each of whom has practised in the State as a solicitor for more than 10 years, and
(c) not less than 3 shall be persons nominated by the Bar Council, each of whom has practised in the State as a barrister for more than 10 years.
(2) In appointing lay persons to be members of the Complaints Committee, the Authority shall ensure that among those members there are persons who have knowledge of, and expertise in relation to, one or more of the following:
(a) the provision of legal services;
(b) the maintenance of standards in professions regulated by a statutory body;
(c) dealing with complaints;
(d) commercial matters;
(e) the needs of consumers of legal services.
(3) A person who is not a member of the Authority may be appointed to be a member of the Complaints Committee.
(4) The Complaints Committee shall act in divisions of not less than 3 members and each division (in this Act referred to as a “Divisional Committee”) shall consist of a majority of lay persons.
(5) A Divisional Committee shall consist of an uneven number of members.
(6) Subject to subsections (4) and (5), where a complaint relates to a solicitor the Divisional Committee shall include at least one solicitor.
(7) Subject to subsections (4) and (5), where a complaint relates to a barrister the Divisional Committee shall include at least one barrister.
Investigation of complaints.
51.—(1) A Divisional Committee shall, having determined that the complaint is an admissible complaint and, in a case where the Divisional Committee has invited the complainant and the legal practitioner to resolve the issue the subject of the complaint, the complaint has not been resolved in that manner, give notice to the legal practitioner of the nature of the complaint and invite the legal practitioner to furnish the Divisional Committee with his or her explanation of the matter within a period specified in the notice.
(2) Where the Divisional Committee receives an explanation which indicates that the act or omission did not constitute misconduct it shall furnish a copy of the explanation to the complainant inviting him or her to furnish observations to the Divisional Committee in relation to the explanation of the legal practitioner within such a period as may be specified by the Divisional Committee.
(3) Where—
(a) the response of the legal practitioner does not satisfy the Divisional Committee that the act or omission did not constitute misconduct, or
(b) the legal practitioner does not furnish a response within the period specified in the notice,
the Divisional Committee shall determine whether or not the act or omission the subject of the complaint appears to constitute misconduct.
(4) Where the Divisional Committee determines that the act or omission does not constitute misconduct it shall so advise the complainant and the legal practitioner, giving reasons for the determination.
(5) Where the Divisional Committee determines that the act or omission the subject of the complaint appears to constitute misconduct and that such conduct is of a kind that it considers one or more of the measures specified in subsection (6) to be the appropriate manner of determining the complaint it may, where the complainant and the legal practitioner consent in writing, so direct the legal practitioner to act accordingly and where the legal practitioner acts as so directed the complaint shall be considered as determined.
(6) The measures referred to in subsection (5) are the following:
(a) a direction to the legal practitioner to perform or complete the legal service the subject of the complaint or a direction to the legal practitioner to arrange for the performance or completion of the legal service the subject of the complaint by a legal practitioner nominated by the complainant at the expense of the legal practitioner the subject of the complaint;
(b) the issue of a caution to the legal practitioner in respect of the act or omission the subject of the complaint;
(c) a direction to the legal practitioner that he or she participate in one or more modules of a professional competence scheme and that he or she furnish evidence to the Authority of such participation within a specified period;
(d) a direction to the legal practitioner—
(i) that he or she waive all or a part of any fees otherwise payable by the complainant to the legal practitioner concerned, or
(ii) that he or she refund to the client some or all of any fees paid to the legal practitioner concerned in respect of the legal services the subject of the complaint.
(7) Where—
(a) it appears to the Divisional Committee that the act or omission the subject of the complaint constitutes misconduct and that such misconduct is not of a kind that could properly be dealt with under subsections (5) and (6), or
(b) either the complainant or the legal practitioner does not consent to the complaint being disposed of under subsections (5) and (6),
the Divisional Committee shall—
(i) recommend to the Authority that it bring an application in respect of the matter to the Legal Practitioners Disciplinary Tribunal for the holding of an inquiry as to whether or not the act or omission complained of constitutes misconduct, or
(ii) if the Divisional Committee considers that the complaint requires further consideration it may investigate the matter further which investigation may include requesting an inspector appointed under section 27 to attend at the practice of the legal practitioner and exercise any of the powers exercisable by such an inspector pursuant to section 28.
(8) Following such further investigation pursuant to subsection (7)(ii), the Divisional Committee shall further consider the matter in accordance with this section.
(9) Where pursuant to subsection (7)(i) the Divisional Committee recommends to the Authority that it bring an application to the Legal Procedures Disciplinary Tribunal for the holding of an inquiry, the Authority shall accept the recommendation.
Chapter 2
Legal Practitioners Disciplinary Tribunal
Establishment of Legal Practitioners Disciplinary Tribunal.
52.—There shall stand established a body to be known as the Legal Practitioners Disciplinary Tribunal to consider applications brought before it by the Authority under section 54 as to whether a specified act or omission by a legal practitioner constitutes misconduct and to perform the other functions assigned to it by this Act.
Membership of Disciplinary Tribunal.
53.—(1) The Disciplinary Tribunal shall be appointed by the Government on the nomination of the Minister and shall consist of not more than 16 members of whom—
(a) the majority shall be lay persons,
(b) not less than 3 shall be persons, nominated by the Law Society, each of whom has practised in the State as a solicitor for more than 10 years, and
(c) not less than 3 shall be persons, nominated by the Bar Council, each of whom has practised in the State as a barrister for more than 10 years.
(2) In nominating lay persons for appointment by the Government as members of the Disciplinary Tribunal, the Minister shall ensure that among those persons nominated there are persons who have knowledge of, and expertise in relation to, one or more of the following:
(a) the provision of legal services;
(b) the maintenance of standards in professions regulated by a statutory body;
(c) the handling of complaints;
(db) commercial matters;
(e) the needs of consumers of legal services.
(3) The Disciplinary Tribunal shall act in divisions of not less than 3 members and each division shall consist of a majority of lay persons.
(4) There shall be an uneven number of members in each division of the Disciplinary Tribunal.
(5) Subject to subsections (3) and (4) where a complaint relates to a solicitor the division of the Disciplinary Tribunal shall include at least one solicitor.
(6) Subject to subsections (3) and (4) where a complaint relates to a barrister the division of the Disciplinary Tribunal shall include at least one barrister.
Applications to Disciplinary Tribunal.
54.—An application for the holding of an inquiry may be brought before the Disciplinary Tribunal by the Authority—
(a) where the Complaints Committee has determined that an act or omission of a legal practitioner the subject of a complaint appears to constitute misconduct and that such misconduct is not of a kind that could properly be dealt with by the Authority under subsection (5) of section 51, or the complainant or the legal practitioner does not consent to the matter being disposed of by the Authority under those provisions, or
(b) where the Complaints Committee has, following an investigation undertaken by it under section 51, formed the view that an act or omission of a legal practitioner appears to constitute misconduct.
Presentation of case to Disciplinary Tribunal.
55.—The Authority, or a person appointed to do so on its behalf, shall present the evidence to the Disciplinary Tribunal grounding the contention that misconduct by the legal practitioner concerned has occurred.
Regulations relating to Disciplinary Tribunal.
56.—(1) The Disciplinary Tribunal may make Regulations, consistent with this Act, regulating—
(a) the making of applications to the Disciplinary Tribunal under this Act,
(b) the proceedings of the Disciplinary Tribunal under this Act.
(2) Regulations made under subsection (1) may make provision for—
(a) the procedures to be followed in relation to the matters referred to in subsection (1), and
(b) the parties, other than the Authority, the complainant and the legal practitioner concerned, who may make submissions to the Disciplinary Tribunal.
(3) The Disciplinary Tribunal in making Regulations under subsection (1), shall have as objectives that the manner of making applications, and the conduct of proceedings, be as informal as is consistent with the principles of fair procedures, and that undue expense is not likely to be incurred by any party who has an interest in the application.
(4) The Disciplinary Tribunal may consider and determine an application to it under this Chapter on the basis of affidavits and supporting documentation and records where the legal practitioner, the complainant and the Authority consent.
Powers of Disciplinary Tribunal as to taking of evidence, etc.
57.—(1) The Disciplinary Tribunal shall, for the purposes of any inquiry under this Chapter, have the powers, rights and privileges vested in the High Court or a judge thereof on the hearing of an action, in respect of—
(a) the enforcement of the attendance of witnesses and their examination on oath or otherwise,
(b) the compelling of the production of documents, and
(c) the compelling of the discovery under oath of documents,
and a summons signed by a member of the Disciplinary Tribunal may be substituted for and shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production and the discovery under oath of documents.
(2) The Disciplinary Tribunal may require the Authority and the respondent legal practitioner to submit in writing an outline of the evidence expected to be given by each of the witnesses whom they propose to have summoned to attend the hearing.
(3) The Disciplinary Tribunal may, if of opinion that the evidence expected to be given by any witness whom it is proposed to have summoned to attend the hearing is irrelevant or does not add materially to that proposed to be given by other witnesses and that accordingly the attendance of the witness at the inquiry is likely to give rise to unnecessary delay or expense, may so inform the Authority or respondent legal practitioner, as the case may be, and bring to the attention of the Authority or respondent legal practitioner, the provisions of subsection (4).
(4) On the completion of the inquiry the Disciplinary Tribunal, whether or not it has acted in accordance with subsection (3), may, if of opinion that the attendance of any witness summoned at the request of the complainant or respondent legal practitioner was unnecessary and thereby involved the witness in avoidable expense, by order direct that the Authority or respondent legal practitioner, as the case may be, shall pay a specified amount or amounts not exceeding €1,000 to the witness in respect of the expense incurred, and the witness may recover the sum or sums from the Authority or respondent legal practitioner, as the case may be, as a simple contract debt.
(5) Before making an order under subsection (4), the Disciplinary Tribunal shall notify in writing the complainant or respondent legal practitioner that it proposes to do so and shall consider any representations that may be made to it in writing by the person concerned within 14 days after the notification.
(6) The Authority or respondent legal practitioner in respect of whom an order has been made under subsection (4) may appeal to the High Court against the order within 21 days of the receipt by him or her of notification referred to in subsection (4), and the Court may make such order on the appeal as it thinks fit.
(7) If a person—
(a) on being duly summoned as a witness before the Disciplinary Tribunal, without just cause or excuse disobeys the summons,
(b) being in attendance as a witness before the Disciplinary Tribunal, refuses to take an oath when required by the Disciplinary Tribunal to do so, or to produce or discover under oath any documents in his or her possession or under his or her control or within his or her procurement legally required by the Disciplinary Tribunal to be produced or discovered under oath by him or her, or to answer any question to which the Disciplinary Tribunal may legally require an answer,
(c) wilfully gives evidence to the Disciplinary Tribunal which is material to its inquiry which he or she knows to be false or does not believe to be true,
(d) by act or omission, obstructs or hinders the Disciplinary Tribunal in the performance of its functions, or
(e) fails, neglects or refuses to comply with the provisions of an order made by the Disciplinary Tribunal, the person shall be guilty of an offence.
(8) A witness before the Disciplinary Tribunal shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.
(9) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 6 months or to both, or
(b) on conviction on indictment, to a fine not exceeding €30,000 or to imprisonment for a term not exceeding 2 years or to both.
(10) Section 13 of the Criminal Procedure Act 1967 shall apply in relation to an offence under this section as if, in lieu of the penalties specified in subsection (3) of that section, there were specified therein the penalties provided for by subsection (9), and the reference in subsection (2)(a) of that section to the penalties provided for in subsection (3) of that section shall be construed accordingly.
Inquiry by Disciplinary Tribunal.
58.—(1) Where the Disciplinary Tribunal receives an application from the Authority for the holding of an inquiry, it shall arrange a date for the hearing and notify in writing the respondent legal practitioner, the complainant and the Authority.
(2) Unless the Disciplinary Tribunal considers that it is not necessary to do so, and the legal practitioner, the complainant and the Authority consent, the inquiry shall be conducted by way of oral hearing.
(3) Where an inquiry is held otherwise than by way of oral hearing the Disciplinary Tribunal shall conduct the inquiry by considering affidavits and supporting documentation and records furnished to it.
(4) Unless subsections (2) and (3) apply, a person appointed by the Authority to do so on its behalf, shall present the case to the Disciplinary Tribunal grounding the contention that misconduct by the respondent legal practitioner concerned has occurred.
(5) The hearing of an inquiry by the Disciplinary Tribunal shall be held otherwise than in public.
(6) The respondent legal practitioner, the complainant and the Authority may be represented at any hearing before the Disciplinary Tribunal by a legal practitioner.
(7) Witnesses appearing before the Disciplinary Tribunal shall give evidence on oath.
(8) The respondent legal practitioner and the complainant shall have an opportunity to examine every witness giving evidence to the Disciplinary Tribunal.
(9) Having conducted the inquiry, the Disciplinary Tribunal shall make a determination whether or not, on the basis of the evidence properly before it, the act or omission to which the inquiry relates constitutes misconduct and, in that event, make a determination as to whether the issue of sanction should be dealt with pursuant to section 59 or 60.
Sanctions following finding of misconduct by Disciplinary Tribunal.
59.—Where, pursuant to the holding of an inquiry under this Chapter, the Disciplinary Tribunal makes a finding that there has been misconduct on the part of a legal practitioner and determines that the issue of sanction should be dealt with pursuant to this section, the Disciplinary Tribunal may make an order imposing one or more of the following sanctions on the legal practitioner:
(a) a reprimand;
(b) a warning;
(c) a caution;
(d) a direction that the legal practitioner participate in one or more modules of a professional competence scheme and to furnish evidence to the Disciplinary Tribunal of such participation within a specified period;
(e) a direction that the legal practitioner concerned—
(i) waive all or a part of any costs otherwise payable by the complainant to the legal practitioner concerned in respect of the matter the subject of the complaint,
(ii) refund all or any part of any costs paid to the legal practitioner concerned in respect of the matter the subject of the complaint;
(f) a direction that the legal practitioner arrange for the completion of the legal service to which the inquiry relates or the rectification, at his or her own expense, of any error, omission or other deficiency arising in connection with the provision of the legal services the subject of the inquiry, as the Disciplinary Tribunal may specify;
(g) a direction that the legal practitioner take, at his or her own expense, such other action in the interests of the client as the Disciplinary Tribunal may specify;
(h) a direction that the legal practitioner transfer any documents relating to the subject matter of the complaint (but not otherwise) to another legal practitioner nominated by the client or by the Authority with the consent of the client, subject to such terms and conditions as the Authority may deem appropriate having regard to the circumstances, including the existence of any right to possession or retention of such documents or any of them vested in the legal practitioner or in any other person; and
(i) a direction that the whole or a part of the costs of the Disciplinary Tribunal or of any person making submissions to it or appearing before it, in respect of the inquiry be paid by the respondent legal practitioner (which costs shall be assessed by the Legal Costs Adjudicator in default of agreement).
Further provisions regarding sanctions following finding of misconduct by Disciplinary Tribunal.
60.—(1) Where, pursuant to the holding of an inquiry under this Chapter, the Disciplinary Tribunal makes a finding that there has been misconduct by a legal practitioner and determines that the issue of sanction should be dealt with pursuant to this section, the Disciplinary Tribunal shall make a recommendation to the High Court:
(a) that the legal practitioner be censured and that he or she pay an amount of money to the Authority or the complainant, as the Court considers appropriate;
(b) that the legal practitioner be restricted as to the type of work which he or she may engage in, for such period as the Court considers appropriate and subject to such terms and conditions as the Court considers appropriate;
(c) that the legal practitioner be prohibited from practising as a legal practitioner otherwise than as an employee, and subject to such terms and conditions as the Court considers appropriate;
(d) that the legal practitioner be suspended from practice as a legal practitioner for a specified period and subject to such terms and conditions as the Court considers appropriate;
(e) in the case of a barrister, that the name of the barrister be struck off the roll of practising barristers;
(f) in the case of a solicitor, that the name of the solicitor be struck off the roll of solicitors;
(g) in the case of a legal practitioner to whom a Patent has been granted, that the Authority make an application referred to in section 114(2) in respect of that grant.
(2) In this section and section 63, “Patent” has the same meaning as it has in Part II, and includes a Patent granted in the State before the coming into operation of this section.
Persons who may appeal determination of Disciplinary Tribunal and matters in respect of which appeal may be brought.
61.—(1) Where the Disciplinary Tribunal makes a determination that the act or omission concerned does not constitute misconduct, the complainant or the Authority may appeal that finding to the High Court.
(2) Where the Disciplinary Tribunal makes a determination that the act or omission concerned constitutes misconduct and deals with the issue of sanction under section 59 an appeal may be brought to the High Court—
(a) by the respondent legal practitioner as respects the determination of misconduct or the sanction imposed,
(b) by the complainant as respects the sanction imposed, and
(c) by the Authority as respects the sanction imposed.
(3) Where the Disciplinary Tribunal makes a determination that the act or omission concerned constitutes misconduct and deals with the matter under section 60, the respondent legal practitioner may appeal that determination to the High Court.
(4) Where the respondent legal practitioner does not appeal the determination of the Disciplinary Tribunal in accordance with subsection (3) the High Court shall proceed to deal with the matter in accordance with section 63.
Appeals to High Court from Disciplinary Tribunal.
62.—(1) Where a person who by virtue of section 61 may bring an appeal to the High Court brings such an appeal within the period of 28 days of the date on which the determination in writing was sent to the parties concerned by the Disciplinary Tribunal, the High Court shall determine with the appeal in accordance with this section and any rules of court made in relation to such appeals.
(2) Each party who was a party participating in the inquiry of the Disciplinary Tribunal shall be entitled to appear and make submissions in connection with the matter under appeal.
(3) Where the appeal is brought by a complainant as respects a determination by the Disciplinary Tribunal that the act or omission concerned did not constitute misconduct, the High Court may—
(a) confirm the determination of the Disciplinary Tribunal, or
(b) allow the appeal, and impose a sanction which the Disciplinary Tribunal could impose pursuant to section 59 or impose a sanction which the Disciplinary Tribunal could have recommended to the High Court pursuant to section 60.
(4) Where the Disciplinary Tribunal deals with the matter under section 60 and the appeal is brought—
(a) by the respondent legal practitioner as respects the determination of misconduct or the sanction imposed,
(b) by the complainant as to the sanction imposed, or
(c) by the Authority as to the sanction imposed,
the High Court may make an order—
(i) confirming that the act or omission the subject of the inquiry does constitute misconduct,
(ii) determining that the act or omission the subject of the inquiry does not constitute misconduct,
(iii) confirming that the sanction imposed by the Disciplinary Tribunal was appropriate,
(iv) determining that the sanction imposed by the Disciplinary Tribunal was not the appropriate sanction and imposing a sanction which the Disciplinary Tribunal could impose pursuant to section 59 or imposing a sanction which the Disciplinary Tribunal could have recommended to the High Court pursuant to section 60.
Consideration of matter by High Court where referred by Disciplinary Tribunal.
63.—(1) Where a matter is referred to the High Court by the Disciplinary Tribunal pursuant to section 60 and the respondent legal practitioner appeals against the finding of misconduct the Court shall first determine the issue as to whether the act or omission concerned constitutes misconduct.
(2) In respect of that appeal the High Court may—
(a) confirm the determination of the Disciplinary Tribunal as to misconduct, or
(b) determine that the act or omission concerned did not constitute misconduct.
(3) Where the High Court confirms the determination of the Disciplinary Tribunal it shall, having given each party who was a party participating in the inquiry of the Disciplinary Tribunal an opportunity to appear to make submissions in connection with the matter—
(a) impose one or more of the sanctions which the Disciplinary Tribunal could impose under section 59, or
(b) make an order—
(i) that the legal practitioner be censured and that he or she pay an amount of money to the Authority or the complainant, as the Court considers appropriate,
(ii) that the legal practitioner be restricted as to the type of work which he or she may engage in, for such period as the Court considers appropriate and subject to such terms and conditions as the Court considers appropriate,
(iii) that the legal practitioner be prohibited from practising as a legal practitioner otherwise than as an employee, and subject to such terms and conditions as the Court considers appropriate,
(iv) that the legal practitioner be suspended from practice as a legal practitioner for a specified period and subject to such terms and conditions as the Court considers appropriate,
(v) in the case of a barrister, that the name of the barrister be struck off the roll of practising barristers,
(vi) in the case of a solicitor, that the name of the solicitor be struck off the roll of solicitors,
(vii) in the case of a legal practitioner to whom a Patent has been granted, that the Authority make an application referred to in section 114(2) in respect of that grant.
Exercise of jurisdiction of High Court under sections 62 and 63.
64.—The jurisdiction vested in the High Court by sections 62 and 63 shall be exercised by the President of the High Court or, if and whenever the President of the High Court so directs, by an ordinary judge of the High Court for the time being assigned in that behalf by the President of the High Court.
Appeals to Supreme Court.
65.—The Authority or the legal practitioner concerned may appeal to the Supreme Court against an order of the High Court made under section 63 within a period of 21 days beginning on the date of the order and, unless the High Court or the Supreme Court otherwise orders, the order of the High Court shall have effect pending the determination of such appeal.
Orders made by High Court or determinations made by Authority.
66.—(1) A copy of every order made by the High Court under section 62 or 63 and any determination made by the Disciplinary Tribunal under sections 58 to 60 shall be furnished to the registrar of solicitors in the case of an order relating to a solicitor and to the Bar Council in the case of an order relating to a practising barrister.
(2) Where an order—
(a) striking the name of a legal practitioner who is a solicitor off the roll of solicitors,
(b) striking the name of a legal practitioner who is a barrister off the roll of practising barristers, or
(c) suspending a legal practitioner from practice,
is made by the High Court under section 62 or 63, the Authority shall as soon as practicable thereafter cause a notice stating the effect of the operative part of the order to be published in Iris Oifigiúil and shall also cause the notice to be published in such other manner as the Authority may consider appropriate.
(3) Where a matter is determined by the Disciplinary Tribunal in accordance with section 59 and the time for lodging an appeal has expired the Authority shall arrange for the publication of—
(a) its determination,
(b) the nature of the misconduct,
(c) the sanction imposed, and
(d) the name of the legal practitioner concerned.
(4) Where the High Court makes an order—
(a) under section 62(3)(b),
(b) under section 62(4) (other than paragraph (ii)),
(c) under section 63 (other than subsection (2)(b)),
the Authority shall arrange for the publication of—
(i) the finding of misconduct,
(ii) the nature of the misconduct,
(iii) the sanction imposed, and
(iv) the name of the legal practitioner concerned.
Privilege in respect of certain proceedings.
67.—The following shall be absolutely privileged:
(a) complaints made to the Authority under this Part and documents created or furnished to the parties entitled to receive them under this Part;
(b) proceedings and documents associated with an inquiry held by the Disciplinary Tribunal under this Part;
(c) a report made by the Disciplinary Tribunal to the High Court in accordance with this Part;
(d) a notice authorised by section 66 to be published or communicated.
Enforcement of order of Disciplinary Tribunal under this Part.
68.—(1) Where, on application by the Authority in circumstances where the matter is not otherwise before the High Court, it is shown that a legal practitioner or any other person has refused, neglected or otherwise failed, without reasonable cause, to comply in whole or in part with a determination made by the Disciplinary Tribunal under this Part, the Court may by order direct the legal practitioner or other person, as the case may be, to comply in whole or in part as may be appropriate, with the determination of the Disciplinary Tribunal.
(2) An application by the Authority pursuant to subsection (1) shall be on notice to the legal practitioner or other person concerned unless the High Court otherwise orders.
(3) An order of the High Court under subsection (1) may contain such provisions of a consequential nature as the Court considers appropriate.