Disciplinary Proceedings
Explanation
The law regulates the disciplinary trial procedures for lawyers to guarantee the rights of defense and the proper administration of justice. The lawyer referred to the disciplinary council has the right to appoint only one lawyer to defend him.
The disciplinary trial is characterized by secrecy (le secret). After the decisions of the disciplinary council are issued, they must be notified to the President of the Bar Association and the Appellate Public Prosecution within a time limit of ten days from the date of their issuance.
If the disciplinary judgment is issued in absentia, the convicted lawyer has the right to submit an objection request (l'opposition) within ten days of being notified. The council decides on this objection within fifteen days.
The decisions of the disciplinary council are subject to appeal (l'appel) by the lawyer and the Public Prosecution within ten days of notification. The Court of Appeal considers the challenge in a secret session, and two members of the Bar Council who have not previously considered the case join it.
In the event a judgment is issued to strike off the lawyer's name (la radiation), he has the right to request his re-registration after five full years have passed. If the request is rejected, it may not be renewed except after two years, and his right to renewal is permanently forfeited after it is rejected twice.
Official legal articles
Think deeper
How do the provisions of the law balance between the secrecy of the disciplinary trial to protect the lawyer's reputation, and guaranteeing the rights of defense and involving the Court of Appeal in oversight?
Flashcards
How many lawyers does a lawyer referred to discipline have the right to appoint?
He has the right to appoint only one lawyer.
Is the disciplinary trial public or secret?
The trial takes place before the council in secret.
What is the time limit for notifying the decisions of the disciplinary council to the President of the Bar and the Public Prosecution?
Ten days from the date of their issuance.
What is the time limit for objecting to a disciplinary judgment in absentia?
Ten days following notification in person or by registered letter.
Who considers the appeal of disciplinary decisions?
The Court of Appeal after adding two members of the Bar Council to its panel.
When does a struck-off lawyer have the right to request the re-registration of his name?
After five full years have passed since the issuance of the strike-off judgment.
What happens if the Bar Council rejects the re-registration request after a strike-off?
The request may not be renewed except after two years have passed, and it may not be renewed after being rejected twice.
Practice questions
How many lawyers does a lawyer referred to discipline have the right to appoint to defend him?
The referred lawyer has the right to appoint one lawyer to defend him (Article 105).
To whom are the decisions of the disciplinary council notified within ten days of their issuance?
The rules require notifying the decisions to the President of the Bar Association and the Appellate Public Prosecution within ten days (Article 107).
What is the legal time limit for submitting an objection to a disciplinary judgment in absentia?
The time limit for objecting to a disciplinary judgment in absentia is set at ten days following notification (Article 108).
How is the Court of Appeal constituted when considering a challenge to a disciplinary decision?
Two members of the Bar Council who did not consider the case initially are added to the court panel (Article 108).
When does a lawyer whose name was struck off the roll have the right to request his re-registration?
Requesting re-registration is allowed after five full years have passed since the issuance of the strike-off judgment (Article 109).
If the re-registration request for a struck-off lawyer is rejected, when can he renew the request?
If the Bar Council rejects the request, it may not be renewed except after two years have passed (Article 109).
Case problems
A disciplinary judgment in absentia was issued against lawyer Samir. He was notified of the judgment in person. After twelve days had passed, he submitted an objection request. He also requested to appoint two lawyers to defend him in the objection session.
Model answer
The objection request is inadmissible because it was submitted outside the legal time limit. The law sets the objection time limit at ten days following notification (Article 108).
Also, he does not have the right to appoint two lawyers to defend him. The law restricts the right of the referred lawyer to appointing only one lawyer (Article 105).
Self-grading rubric
A judgment was issued to strike off lawyer Fadi's name from the Bar Association's roll. After three years had passed, he submitted a request for his re-registration. The Council rejected his request, so he submitted a new request one year after the rejection.
Model answer
The first request is illegal. The law requires the passage of five full years since the issuance of the strike-off judgment to request re-registration (Article 109).
The second request is also illegal. A rejected request may not be renewed except after two years have passed since the rejection (Article 109).
Self-grading rubric
The Appellate Public Prosecution appealed a decision issued by the disciplinary council within five days of being notified. The Court of Appeal decided to hold a public session to consider the challenge with its regular panel without adding any other members.
Model answer
The appeal of the Public Prosecution is admissible in form because it was received within the legal time limit. The law sets the appeal time limit at ten days following notification (Article 108).
However, the procedures of the Court of Appeal are contrary to the law. The Court must decide on the appeal in a secret session (Article 108). It must also add to its panel two members of the Bar Council who did not consider the case initially (Article 108).