Northern Ireland solicitors rebel over standard of proof in disciplinary cases

Northern Ireland solicitors rebel over standard of proof in disciplinary cases

Solicitors have urged the Law Society of Northern Ireland to intervene against 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, in a letter seen by Irish Legal News, a group of solicitors told the Law Society’s chief executive, David A. Lavery CB, that this change would be “premature, unjustified, and potentially harmful to both the profession and the public”.

They say that a significant reduction in the evidential threshold for adverse findings against solicitors would “undermine procedural fairness, increase the risk of unjust outcomes, and erode trust between practitioners and their regulatory body”.

There is “no clear or compelling evidence that the existing standard of proof is failing to protect the public interest or is incompatible with effective regulation”, they add.

“On the contrary, the current framework strikes an appropriate balance between accountability and fairness, and we believe that any departure from this balance would require broad professional consensus — which, at present, does not exist.”

The letter calls on the Law Society Council to convene a special general meeting in order to debate and vote on a motion supporting the continued application of the criminal standard of proof in all disciplinary proceedings.

Irish Legal News understands that at least 40 solicitors have already supported the request for a special general meeting.

“We believe it is both necessary and appropriate for the membership of the Law Society of Northern Ireland to have the opportunity to formally debate this issue and determine whether to support the continued application of the criminal standard of proof by the SDT,” the letter states.

The Law Society of Northern Ireland has been contacted for comment.

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