Schedule 2

Where it appears to the Council that the professional services provided by a solicitor in connection with any matter in which —

he or she or his or her firm;

the law corporation of which he or she is a director or an employee; or

the limited liability law partnership of which he or she is a partner or an employee,has been instructed by a client have, in any respect, not been of the quality which it is reasonable to expect of him or her as a solicitor, the Council may take any of the directions mentioned in paragraph 2 (called in this Schedule the directions) with respect to the solicitor.(2) The Council —

must not take any of the directions pursuant to a complaint of the conduct of the solicitor, if the complaint is made to the Society after the expiry of a period of 3 years from the date of the conduct; and

must not take any of the directions, unless the Council is satisfied that, in all the circumstances of the case, it is appropriate to do so.(3) In determining in any case whether it is appropriate to take any of the directions, the Council may —

have regard to the existence of any remedy which it is reasonable to expect to be available to the client in civil proceedings;

where proceedings seeking any such remedy have not been begun by the client, have regard to whether it is reasonable to expect the client to begin such proceedings; and

where the client has attempted to contact the solicitor with a view to resolving a matter, have regard to whether the solicitor has responded to the client or attempted to resolve the matter.Directions which may be given2.—

The directions are —

determining that the costs to which the solicitor, or the law corporation of which he or she is a director or employee, or the limited liability law partnership of which he or she is a partner or employee, is entitled in respect of his or her services (called in this Schedule the costs) are to be limited to such amount as may be specified in the determination and directing him or her to comply, or to secure compliance, with one or more of the permitted requirements as appear to the Council to be necessary in order for effect to be given to the Council’s determination;

directing the solicitor to secure the rectification, at his or her expense or at that of his or her firm, or the law corporation of which he or she is a director or employee, or the limited liability law partnership of which he or she is a partner or employee, of such error, omission or other deficiency arising in connection with the matter in question as the Council may specify;

directing the solicitor to pay such compensation to the client as the Council sees fit to specify in the direction; and

directing the solicitor to take, at his or her expense or at that of his or her firm, or the law corporation of which he or she is a director or employee, or the limited liability law partnership of which he or she is a partner or employee, such other action in the interests of the client as the Council may specify.(2) The permitted requirements mentioned in sub‑paragraph (1)(a) are —

that the whole or part of any amount already paid by or on behalf of the client in respect of the costs be refunded;

that the whole or part of the costs be remitted; and

that the right to recover the costs be waived, whether wholly or to any specified extent.(3) The power of the Council to take any such directions is not confined to cases where the client may have a cause of action against the solicitor for negligence.Compensation3.—

The amount specified in a direction by virtue of paragraph 2(1)(c) must not exceed $10,000.(2) The Chief Justice may, by order in the Gazette, amend sub‑paragraph (1) by substituting for the sum of $10,000 such other sum as the Chief Justice considers appropriate.(3) Before making any such order, the Chief Justice is to consult the Society.Taxation of costs4.—

Where the Council has given a direction under paragraph 2(1)(a), then —

for the purposes of any taxation of a bill covering the costs, the amount charged by the bill in respect of them is deemed to be limited to the amount specified in the determination; and

where a bill covering the costs has not been taxed, the client is deemed, for the purposes of their recovery (by whatever means and despite any statutory provision or agreement), to be liable to pay in respect of them only the amount specified in the determination.(2) Where a bill covering the costs has been taxed, the direction, so far as it relates to the costs, ceases to have effect.Failure to comply with direction5.—

If a solicitor or law corporation or limited liability law partnership fails to comply with a direction given under this Schedule, any person may make a complaint in respect of that failure to a Judge; but no other proceedings may be brought in respect of it except pursuant to an order made under sub‑paragraph (2).(2) On the hearing of such a complaint, the Judge may, if he or she thinks fit, direct that the direction be treated, for the purpose of enforcement, as if it were contained in an order made by the General Division of the High Court.Fees6.—

The Council may, by rules made with the concurrence of the Chief Justice, make provision for the payment, by any client with respect to whom the Council is asked to consider whether to take any of the steps, of such fee as may be prescribed.(2) The rules may provide for the exemption of such classes of client as may be prescribed.(3) Where a client pays the prescribed fee, it must be repaid to the client if the Council takes any of the steps in the matter with respect to which the fee was paid.Costs

the amount of the fee payable by the Council to the client under paragraph 6(3); and

an amount which is calculated by the Council as the cost to it of dealing with the complaint, or which in its opinion represents a reasonable contribution towards that cost.Duty of Judge

is considering, or has considered, an application or complaint with respect to a solicitor under this Schedule; and

is of the opinion that the Council should consider whether to take any of the steps with respect to that solicitor,the Judge is to inform the Council.Powers of Society to examine documents in connection with complaints9.—

Where the Council is satisfied that it is necessary to do so for the purpose of investigating any complaint made to the Society relating to the quality of any professional services provided by a solicitor, the Society may give notice to —

the solicitor or his or her firm;

the law corporation of which the solicitor is a director or employee; or

the limited liability law partnership of which the solicitor is a partner or employee,requiring the production or delivery to any person appointed by the Society, at a time and place to be fixed by the Society, of all documents in the possession of the persons or entities referred to in sub‑paragraph (a), (b) or (c) (as the case may be) in connection with the matters to which the complaint relates (whether or not they relate also to other matters).(2) Sub-paragraphs (2) to (12) of paragraph 13 and paragraphs 15 to 19 of the First Schedule apply in relation to the powers conferred by sub‑paragraph (1) as they apply in relation to the powers conferred by paragraph 13(1) of that Schedule and accordingly in those provisions —

any reference to a person appointed, or to a requirement, under that sub‑paragraph includes a reference to a person appointed, or to a requirement, under sub‑paragraph (1); and

any reference to any such documents as are mentioned in that sub‑paragraph includes a reference to any such documents as are mentioned in sub‑paragraph (1).Exercise of powers by Council