Complaints and Disciplinary Procedures
Code of Conduct
ILEX members are governed by a Code of Conduct. The Code
includes the requirement for members to:
- Behave professionally
- Observe the same standards as solicitors
- Ensure clients receive the same support and quality of service
as a solicitor provides.
Making a Complaint
ILEX will follow the procedure outlined below when a complaint
is made against a member.
- A complaint should be made on the complaint form and sent to
ILEX
- An investigating practitioner or an ILEX Officer will deal with
the complaint
- A copy of the complaint is sent to the member for their
response to the allegations
- Enquiries about the issues may also be made, e.g. from
employers.
Once all the information has been gathered a summary of the
issues is prepared and the matter is put to the ILEX Investigating
Committee which normally meets every month.
The Committee is made up of six members of the ILEX Council, who
are Fellows, and three representatives who are independent of
ILEX.
The Investigating Committee may:
- Admonish, reprimand or warn a member
- Require a member to give an undertaking as to his future
conduct
- Request further information
- Reject the complaint; or
- If it is a serious matter, refer it to ILEX's
Disciplinary Tribunal.
ILEX will tell the member and complainant of the decision of the
Investigating Committee within seven working days.
A complainant or member may appeal against a decision of the
Investigating Committee within 21 days unless the matter is
referred to the Disciplinary Tribunal. An appeal will be
heard by the Appeals Committee which may confirm or vary
the decision or refer the matter back to the Investigating
Committee for further consideration.
If a complaint is referred to the Disciplinary Tribunal the
complainant will be informed of the hearing date of the
Disciplinary Tribunal and may be required to attend as a
witness.
The member will receive full information of the case against him
and be entitled to attend and be represented at the Tribunal
hearing.
Two independent 'lay' representatives and a member of the ILEX
Council will hear the case.
The Tribunal will decide whether the case has been proved and,
if it has been proved,
what disciplinary
action should be taken.
The Tribunal has the power to:
- Exclude a person from membership, or
- Admonish or reprimand the member.
In addition the member can be ordered to pay.
- A fine up to £3000
- Costs to the Institute, and/or
- Compensation to the complainant.
The Tribunal may decide that its decision should be
published.
The member may appeal against a decision of the Disciplinary
Tribunal to the Appeals Tribunal who may affirm or vary
the findings of the Disciplinary Tribunal.