Section 82Part 11 — INVESTIGATION AND DETERMINATION OF ALLEGED PROFESSIONAL MISCONDUCT
Council to investigate complaints
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82. (1) The Council shall investigate a complaint filed under section 80.
The Council shall, on its own initiative, investigate any conduct of an attorney- at-law if the Council becomes aware that the conduct may constitute professional misconduct by the attorney-at-law.
The Council has no power to investigate any conduct by an attorney-at-law that was known or could reasonably have been known by the complainant or Council more than six years before the complaint was made or the Council became aware of the conduct.
The Council has the power to do everything reasonably necessary to investigate any conduct of an attorney-at-law that is alleged to constitute professional misconduct.
Without prejudice to the generality of the power of the Council under subsection (4), the Council may require the production of a document or any other information from a person who the Council has reasonable grounds to believe can assist in investigating the conduct.
A person commits an offence if the person when required to do so under subsection (5), fails or refuses to produce a document or any other information or produces a document or information that is false or misleading.
A person who commits an offence under subsection (6) is liable —
on summary conviction to a fine of twenty thousand dollars or to imprisonment for a term of two years, or to both; or Section 83 Legal Services Act, 2020 Page 40 Act 57 of 2020 c
on conviction on indictment to a fine of fifty thousand dollars or to imprisonment for a term of five years, or to both.
The Council shall make rules regarding the procedure for its investigation of the conduct of attorneys-at-law.
The rules made under subsection (8) shall set out —
the manner in which a complaint may be made to the Council about the conduct of an attorney-at-law; and
the manner in which the Council will conduct its investigation into the conduct of an attorney-at-law.
The Council shall publish in the Gazette as well as in such other media as the Council determines notice of any rules made by the Council under this section.
The notice under subsection (10) shall state where copies of the rules made by the Council under this section may be obtained.
Unless the Council, having investigated a complaint filed under section 80 or the conduct of an attorney-at-law on its own initiative under subsection (2), finds that the matter is frivolous or vexatious, the Council shall refer the matter to the Disciplinary Tribunal.