David Lavery

Mr Lavery provided a character reference to his cousin, William Lloyd-Lavery, in April following Mr Lloyd Lavery’s conviction for historical sexual offences. In it he referred to him as a Christian man and “a person of sound judgement and good character”.

Mr Lavery lost his post as human rights commissioner in August following an independent investigation, pursuant to the Code of Governance of the Northern Ireland Human Rights Commission (NIHRC), into his provision of the reference for Mr Lloyd Lavery.

The Society opened its own internal investigation but stated at the time of Mr Lavery’s removal from the NIHRC that due to the confidential nature of that process they would be making no further comment on the outcome.

Speaking to Good Morning Ulster on 14 August president of the Law Society, Mark Borland, said that he gave Mr Lavery his support to “continue as chief executive of the Law Society of Northern Ireland and to move us forward”.

Nevertheless, there have been calls for Mr Lavery’s resignation, not least from members of the Society themselves. One solicitor, who did not wish to be named, told the Belfast Telegraph that there is a loss of confidence in the leadership of the Society and that they have not met a solicitor yet who thinks Mr Lavery should still be in the job.

Concerns with how the Society has handled the matter has also led to the resignation of two Council members and the calling of a Special General Meeting (SGM) that was due to take place today.

A letter from the Belfast Solicitors Association to the Society raised concerns on Friday around a “continuing lack of clarity” and that members had yet to receive information and documentation to allow them to be properly informed and prepared for the meeting.

A spokesperson for the Society said: “Information on the business to be considered at the SGM will be provided to members in advance of the meeting early next week, including the details of the motions due to be debated.”

Yet as of yesterday afternoon some solicitors were reporting that documentation had not yet been received.

In an email sent to members yesterday evening the Society stated: “In advance of the SGM the Council has met and considered the issues further with a view to determining whether, in light of the circumstances now prevailing and further legal advice received, it could provide additional information to the membership. Having done so the Council has agreed to disclose the below additional information.”

The information includes that the personnel committee of the Society had tasked a senior retired High Court judge to act as an independent investigator into the conduct of Mr Lavery, in providing the reference, to establish the facts and prepare a report of his findings in accordance with written terms of reference.

The outcome of that was that the judge “found an evidential basis upon which Council may form the view that the CEO had committed a number of breaches of his contractual and common law duties.”

The personnel committee, on the delegated authority of the Council, then constituted a disciplinary panel who found Mr Lavery guilty of gross misconduct. Having considered evidence in mitigation the panel imposed a sanction short of dismissal. Mr Lavery was entitled to appeal this decision but did not exercise this right.

The email also adjourns the SGM to “a date to be fixed as soon as practicable”. Some solicitors, however, have questioned whether the Society, within the Bye-Laws, has the power to adjourn a meeting that has not yet been convened.