Written by:
Connor Beaton
Editor
Northern Ireland solicitors to vote on standard of proof in disciplinary cases
Reading time: 3 minutes
Written by:
Connor Beaton
Editor
The Law Society of Northern Ireland is today facing a rebellion from members over a proposed change to the standard of proof applied by the Solicitors Disciplinary Tribunal for Northern Ireland.
A special general meeting is taking place this afternoon following a request from more than 50 solicitors amid a growing backlash to the plans.
At present, the SDT applies the criminal standard of proof, meaning that allegations against solicitors must be proved beyond a reasonable doubt.
In 2023, the tribunal sought advice from a senior counsel on the applicable standard of proof after it arose as an issue in a specific case. Its subsequent decision confirmed that the criminal standard applies.
However, in a background paper circulated to members and seen by Irish Legal News, the Law Society of Northern Ireland says it had operated until then on the basis of the civil standard of proof.
In August 2023, the SDT told the Law Society that it had decided to ask the Lady Chief Justice to update its rules to apply the civil standard.
It acknowledged that this “will be of considerable importance to the Society’s members given it will have significant implications for any who may find themselves facing disciplinary proceedings before the tribunal”.
It therefore said it would not seek to make the change until the Law Society had consulted its members on it.
Solicitors speaking on condition of anonymity told Irish Legal News that they felt there had not been transparency nor sufficient consultation from the Law Society in more than two years since that correspondence was sent.
The Law Society of Northern Ireland has highlighted in a document circulated to members that the civil standard of proof was adopted by the Bar Council of Northern Ireland in 2024, and by the Solicitors Disciplinary Tribunal (SDT) and the Bar Standards Board (BSB) in England and Wales in 2019.
However, opponents of the change point out that the criminal standard of proof continues to apply in disciplinary matters south of the border and in Scotland.
The Scottish Solicitors’ Discipline Tribunal (SSDT) consulted twice — in 2019 and in 2024 — on moving to the civil standard of proof, but no change has been made.
Today’s special general meeting will debate and vote on the following motion:
“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.”
Share this article:
Subscribe to our newsletter to not miss articles like this one:
SUBSCRIBE
