Northern Ireland solicitors force vote on standard of proof in disciplinary cases

Northern Ireland solicitors force vote on standard of proof in disciplinary cases

The Law Society of Northern Ireland is to hold a special general meeting following a backlash from members over plans to lower the standard of proof applied by the Solicitors Disciplinary Tribunal for Northern Ireland.

The tribunal currently applies the criminal standard of proof, meaning that allegations must be proved beyond reasonable doubt before a finding of professional misconduct can be made.

Draft revisions currently under consideration would change this to the civil standard of proof, where decisions are reached on the balance of probabilities.

The Law Society of Northern Ireland has previously said it support such a change, which would bring the solicitors’ profession in line with the Bar.

However, that position could be changed at a special general meeting which will now take place on Thursday 23 October at 2pm.

The meeting was requested by dozens of solicitors, including those who argued in a joint letter that the change would be “premature, unjustified, and potentially harmful to both the profession and the public”.

The motion to be discussed at the meeting reads: “That this Society supports the continued application of the Criminal Standard of Proof (‘beyond reasonable doubt’) by the Solicitors Disciplinary Tribunal in Northern Ireland in all disciplinary proceedings.”

The meeting will take place on a hybrid basis and it will be possible for members to attend in-person or via Zoom.

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