Complaints Handling Process
A complaint takes an estimated 90 days to be fully disposed of. However, time can be extended depending on the complaint or other factors. The manner of handling the complaint also depends on the nature of the complaint.
Summary of the disciplinary process
Complaints received from the MLS
Complaint from the MLS take a number of forms. Firstly, the MLS may receive a complaint from a member of the general public against a legal practitioner and refers it to the Disciplinary Committee. Secondly, the MLS may on its own motion file a complaint with the Disciplinary Committee.
When the Secretariat receives a complaint from a member of the general public, the Secretariat, through the Chief Executive Officer writes a legal practitioner to enquire and seek an explanation on the conduct complained of. The legal practitioner is given a period of 7 days to respond to the allegation. Once the legal practitioner responds, the Secretariat assesses the response. Where the Secretariat forms a view that the response may resolve the complaint, the Secretariat contacts the complainant to find out from him/her if the response resolves the complaint. If the complainant is not satisfied with the response, the complaint is referred to the Disciplinary Committee by the MLS under section 91(a) of the LELPA.
Where the Secretariat assesses a response and forms a view that the explanation from a legal practitioner may not resolve the complaint, the complaint is referred to the Disciplinary Committee by the MLS under section 91(a) of the LELPA. Filing fee is not required where the complaint has been referred to the Disciplinary Committee by the MLS.
Complaint from a member of the general public
Where a complaint is addressed to the Disciplinary Committee, the complainant is taken to have been referred to the Disciplinary Committee by the complainant. The complainant is required to pay the sum of MK2,000.00 as filing fees. The complaint is considered to be before the Disciplinary Committee once the filing fee is paid.
Complaint received from a Court
A complaint received from the High Court is considered to be made directly to the Disciplinary Committee. Once a complaint is received from the court, the Disciplinary Committee, may through its Secretary, write the legal practitioner to enquire about the conduct complained of before inviting the legal practitioner to a conduct meeting or may invite the legal practitioner to a conduct meeting if there is adequate information to enable the Disciplinary Committee to conduct a conduct meeting.
Conduct Meeting and Disciplinary Hearing
Once the complaint is before the Disciplinary Committee, the legal practitioner is invited to a conduct meeting. The purpose of a conduct meeting is to inform the legal practitioner about the alleged conduct that has resulted in the complaint and to ensure that the legal practitioner has a greater understanding of the consequences of the alleged action. A conduct meeting is not a hearing and a legal practitioner does not give evidence. A conduct meeting is conducted in the absence of a complainant. At the conduct meeting, the Disciplinary Committee assesses the complaint and decides whether or not to escalate the complaint to a disciplinary hearing.
After the conduct meeting, a legal practitioner is invited to a disciplinary hearing. A complainant is also invited to give evidence. The complainant and the legal practitioner are given the opportunity to cross examine each other.
After the disciplinary hearing, the Disciplinary Committee deliberates on the complainant and the evidence and makes its final decision. The Disciplinary Committee may find a legal practitioner guilty or may dismiss the complaint. Where a legal practitioner is found guilty of misconduct, the Disciplinary Committee may impose sanctions on the legal practitioner or make other appropriate resolutions.