Overview

What is the Independent Legal Services Commission?

The Independent Legal Services Commission (ILSC) was established in 2009 pursuant to section 84(1) of the Legal Practitioners Act 2009. The ILSC consists of a Commissioner, a Secretary, and various other administrative staff. The Commissioner is appointed by the President, on the advice of the Attorney-General. The ILSC’s principle function is to hear disciplinary proceedings brought by the Chief Registrar of the High Court in relation to allegations of professional misconduct or unsatisfactory professional conduct.

The purpose of the ILSC is to provide protection to the public, maintain public confidence and uphold the integrity of the legal profession. These hearings are open generally to the public. Lawyers can either represent themselves or be represented by their legal counsel.

What are the powers of the Commission?

The Commission is given all the powers necessary to perform its function, including the powers to make various orders as derived from section 121 of the Legal Practitioners Act 2009.

What orders can the Commission make?

The Commission can make wide range of orders including:

• the name of the legal practitioner or the partner or partners of the law firm be struck from the roll;
• the practising certificates of the legal practitioner or the partner or partners of the law firm be cancelled or suspended for such period as the Commission deems fit;
• impose conditions on the issued or to be issued practising certificates of the legal practitioner or the partner or partners of the law firm;
• reprimand the legal practitioner or the partner or partners of the law firm;
• the legal practitioner or the partner or partners of the law firm pay a fine or penalty to either the Commission or Registrar, of such sum not exceeding $500,000.00;
• requires the legal practitioner or the partner or partners of the law firm to pay compensation to any complainant of such sum as directed by the Commission; and
• any fees or costs paid to the legal practitioner or law firm by any person in relation to the subject matter of the disciplinary proceedings be reimbursed by the legal practitioner or law firm to such person;

What order can the Commission not make?

In accordance with section 124(2) of the Legal Practitioners Act 2009, the Commission can not make any order for payment of costs and expenses against the Registrar or the Attorney-General.