The Law Practitioners (Disciplinary Proceedings) Bill Soon to be Presented in the National Assembly

The Law Practitioners (Disciplinary Proceedings) Bill will be presented in the National Assembly. Following concerns raised by several members of the Bar, the Attorney General has conducted further consultations with the Bar Council and the Mauritius Law Society. The majority of the proposed amendments have been accepted, including the establishment of a Nomination Committee consisting of:

• The Attorney General as chairperson

• The president of the Bar Council

• The president of the Mauritius Law Society

• The president of the Chamber of Notaries.

The primary aim of the revised bill is to implement simplified and codified procedures to ensure clarity and transparency regarding:

• The conduct of an independent investigation into an alleged act of professional misconduct committed by a legal assistant in the course of their profession,
• The initiation and management of disciplinary proceedings against a legal assistant before the Supreme Court.

The bill also proposes the creation of the Law Practitioners Complaints Commission, which will be the sole body authorized to investigate allegations of professional misconduct and decide whether to initiate disciplinary proceedings before the Supreme Court.

As a result, neither the Attorney General, the Bar Council, the Chamber of Notaries, nor the Council of the Mauritius Law Society will have the authority to investigate allegations of professional misconduct by a legal assistant or to impose sanctions.

These new provisions will lead to corresponding amendments to the Courts Act, the Law Officers Act, the Law Practitioners Act, the Mauritius Bar Association Act, the Mauritius Law Society Act, and the Notaries Act.