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 Committee, Ground Floor, #95-97 Frederick Street, Port of Spain (Tel: 221-1847).

The Third Schedule of the Legal Profession Act contains the Code of Ethics. See the Rights and Expectations section for a list of what you can expect from an attorney.

At the offices of the Disciplinary Committee you will be given two forms (these are also available on the website). Form 1 is the formal application to the Disciplinary Committee. Form 2 is an affidavit which must be sworn by you before a Justice of the Peace/Commissioner of Affidavits/Notary Public. The Secretary of the Committee will be available to answer any questions related to the forms. After the forms are correctly filled out and sworn you will file them with the Secretary of the Disciplinary Committee.

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 Committee, 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.

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. It is important also to briefly state what financial or other losses you have suffered as a result of the alleged professional misconduct.

The Committee will first examine Forms 1 and 2 to determine whether you have a prima facie case against the Attorney. (This means a case which adequately makes out a complaint for professional misconduct). If necessary, the Committee will request you to provide further or better particulars of your complaint. Before provision of sufficient particulars of your complaint, the Committee will decide whether the Attorney should be called upon to answer your complaint. If the Committee decides to call upon the Attorney to answer your complaint, the Secretary will notify you of a date of hearing at the Hall of Justice, Port of Spain. Occasionally, the Committee will sit in Tobago. The Attorney may answer your complaint in writing by filing an affidavit. A copy of the Attorney’s affidavit will be mailed to you by the Secretary of the Committee. Please read the Attorney’s affidavit carefully. If there are any new matters raised which you need to answer, or any documents that you wish to introduce to contradict the Attorney’s affidavit, then you should also file an affidavit in reply.   If you are in doubt, contact the Secretary of the Committee or seek legal advice.

It is preferable to have an Attorney represent you but if, for any reason, you do not have one, the Committee will explain your role and function, in everyday language, and assist you to give your statement in support of the complaint. You should attend the hearing with all the documents relating to the complaint or your dealings with the Attorney. If you have any witnesses, you should also ask them to attend. The hearings are conducted as a trial, with each side being entitled to ask questions of the other side, and to fully present their version of the events.

At the end of the hearing the Committee will give its decision. If the Attorney has been found guilty of professional misconduct the Committee has the power to:

• Impose a fine in a sum that the Committee thinks proper
• Order that the Attorney pay a sum of money as compensation and/or reimbursement as well as any expenses you may have incurred in pursuing your complaint, including your legal costs (if any), transport for witnesses etc.
• In serious cases, the Committee can, refer its findings to the Chief Justice and the Attorney General which may result in further action being brought against the Attorney.

If an Attorney has, for example through negligence, caused you financial loss you may be entitled to bring civil proceedings in the High Court. In the event of fraudulent or criminal acts you may refer such acts to the DPP. If you have suffered serious loss as a result of professional misconduct it is wise to seek legal advice as to the remedies available to you in civil and/or criminal proceedings. It is best that you seek legal advice as soon as possible as certain limitation periods may apply.