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Section 60A of Advocates Act CAP 16: Hearing of complaints

    

(1) The powers conferred on the Committee by this section may be exercised on the hearing of—
(a) any application or complaint made to the Committee under this Act by or on behalf of the Council;
(b) any application made to the Committee by the Complaints
Commission under this Act; or
(c) any application or complaint made to the Committee under this Act, by or on behalf of any person.
(2) Where, on the hearing of any application or complaint with respect to an advocate or firm of advocates, it appears to the Committee that the professional services provided by such advocate or firm in connection with any matter in which such advocate or firm of advocates had been instructed by a client were, in any respect, not of the quality that could reasonably have been expected of an advocate, then, subject to subsection (4), the Committee may, if it thinks fit, do one or more of the following things, namely—
(a) determine that the costs to which the advocate or firm of advocates shall be entitled, in respect of those services shall be limited to such amount as may be specified in its determination and by order, direct
the advocate to comply, or to secure compliance, with such one or more requirements falling within subsection (3) as appear to it to be necessary in order to give effect to its determination; or
(b) by order direct the advocate or firm of advocates to secure the rectification at their own expense of any error, omission or other deficiency arising in connection with the matter as it may specify; or
(c) by order direct the advocate or firm of advocates to take at their own expense, such other action in the interests of the client as it may specify.
(3) The requirements referred to in paragraph (a) of subsection (2) are—
(a) a requirement to refund the whole or part of any amount already paid by or on behalf of the client in respect of the advocate’s costs in respect of services rendered in connection with the matter;
(b) a requirement to remit the whole or part of the costs; and
(c) a requirement to waive, whether wholly or to any specified extent, the right to recover those costs.
(4) The Committee shall not exercise any of its powers under this section unless it is satisfied that it would in all circumstances, be appropriate to do so; and in determining whether in any case it would be appropriate to exercise any of those powers, the Committee may have regard—
(a) to the existence of any remedy that could reasonably be expected to be available to the client in civil proceeding; or
(b) where proceedings seeking any such remedy have not been commenced by the client, whether it would be reasonable to expect him to commence such proceedings.
(5) Where the Committee has given a direction under subsection (2)(a) in order to give effect to a determination by it under that provision, then—
(a) for the purposes of any taxation of a bill covering those costs the amount charged by the bill in respect of those costs shall be deemed to be limited to the amount specified by the Committee; and
(b) where a bill covering those costs has not been taxed in accordance with paragraph (a), the client shall, for the purposes of the recovery of those costs (by whatever means) and notwithstanding any statutory provision or agreement, be deemed to be liable to pay costs only to the extent of the amount specified by the Committee.
(6) Where a bill covering those costs has been taxed in accordance with subsection (5) (a), the Committee’s direction under subsection (2)(a) shall, so far as relating to those costs, cease to have effect.
(7) For the purposes of this section, “client”, in relation to any matter in which an advocate or firm of advocates has been instructed, includes any person on whose behalf the person who gave the instructions was acting.

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Disclaimer: This document is not to be taken as legal advise.

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