DISCIPLINARY procedures for advocates are set to be reformed. The States will be asked to confirm proposals already agreed by the Guernsey Bar to improve the way complaints against advocates are handled.

The Policy Council has called the recommendation for a more transparently fair adjudication and sanction regime ‘a central aspect of the proposals’ for reform of the Bar.

Rules of professional conduct were formalised in 1994, but the formal disciplinary procedures, with reference to a Chambre de Discipline made up of a Law Officer and two senior members of the Bar, dates back to 1932.

There has been occasional public concern over the years about fairness and the proposals have been tailored to overcome that.

The report before the States says it is no longer acceptable for Law Officers to oversee disciplinary proceedings involving advocates.

But there have been concerns over how a panel of advocates or one composed of lay people could be seen to sit in judgement on advocates.

It is recommended that a three-person tribunal – an experienced local advocate, an experienced lawyer from another British island and a lay person – sits on all cases referred by the Batonnier, the Bar chairman.

It could impose a range of sanctions from a warning to three months’ suspension, or refer the matter to the Royal Court, which could suspend for longer or disbar.

Also under the reform proposals, the Bar’s mandate would be widened to include training and education, professional development and the monitoring of standards, extending to professional indemnity insurance and money laundering compliance.

The proposals would also incorporate the Bar as a statutory body and introduce registration of overseas lawyers working in the Bailiwick.