Clause 36

by deleting sub-paragraph (1) of paragraph 1 and substituting the following sub-paragraph:“(1) Where it appears to the Council that the professional services provided by a solicitor in connection with any matter in which —

he or his firm; (b)the law corporation of which he is a director or an employee; or (c)the limited liability law partnership of which he 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 as a solicitor, the Council may take any of the directions mentioned in paragraph 2 (referred to in this Schedule as the directions) with respect to the solicitor.”;

by deleting sub-paragraph (1) of paragraph 2 and substituting the following sub-paragraph:“(1) The directions are —

determining that the costs to which the solicitor, or the law corporation of which he is a director or an employee, or the limited liability law partnership of which he is a partner or an employee, is entitled in respect of his services (referred to in this Schedule as the costs) are to be limited to such amount as may be specified in the determination and directing him 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; (b)directing the solicitor to secure the rectification, at his expense or at that of his firm, or the law corporation of which he is a director or an employee, or the limited liability law partnership of which he is a partner or an employee, of such error, omission or other deficiency arising in connection with the matter in question as the Council may specify; (c)directing the solicitor to pay such compensation to the client as the Council sees fit to specify in the direction; and (d)directing the solicitor to take, at his expense or at that of his firm, or the law corporation of which he is a director or an employee, or the limited liability law partnership of which he is a partner or an employee, such other action in the interests of the client as the Council may specify.”;

by inserting, immediately after the words “law corporation” in paragraph 5(1), the words “or limited liability law partnership”; and

by deleting sub-paragraph (1) of paragraph 9 and substituting the following sub-paragraph:“(1) 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 firm; (b)the law corporation of which the solicitor is a director or an employee; or (c)the limited liability law partnership of which the solicitor is a partner or an 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).”.