The papers say the Law Society is bringing a motion for an interlocutory, meaning temporary, suspension or restriction of a licence: an order made while the matter is still pending, before anything is decided on the merits.
That motion runs on its own track and its own timetable. Here is how the Law Society Tribunal's rules say an interlocutory suspension hearing works, from the first appearance to the order, and what can change an order once it is made.
What the motion asks for
Rule 12 of the Tribunal's Rules of Practice and Procedure governs these motions. Rule 12.1(1) says that on the motion of the Law Society, the Tribunal may make an interlocutory order "suspending a licence or restricting the manner in which a licensee may practise law or provide legal services."
That gives two kinds of order. A suspension stops practice. A restriction leaves the licence in place and limits how it is used.
The power comes from section 49.27 of the Law Society Act, and subsection (2) sets the test. The Hearing Division may make such an order only "if there are reasonable grounds for believing that there is a significant risk of harm to members of the public, or to the public interest in the administration of justice, if the order is not made."
The whole hearing turns on that sentence. It asks about risk if no order is made. The motion does not decide the case. That is left to what Rule 12.6 calls "the conduct proceeding to which the motion relates."
An earlier piece covers what the Law Society directory now shows the public. This article is about the hearing itself.
Before the hearing: authorization and a first appearance
Where the Hearing Division has not started a hearing on the merits, Rule 12.3(1) says the Law Society "shall obtain the authorization of the Proceedings Authorization Committee" before bringing the motion.
In that case, Rule 12.3 also sets these steps:
- The Law Society serves and files its notice of motion and information sheet "as soon as possible after authorization" (Rule 12.3(3)).
- The first appearance is a proceeding management conference, scheduled to occur no later than 14 days after authorization (Rule 12.3(2)).
- The motion hearing is scheduled, and deadlines are set for each side's motion record, factum and book of authorities, at that first appearance or as a panel directs (Rule 12.3(4)).
Rule 12.4 adds two points. The Tribunal may order that motion materials need not be served on the licensee if "it is not practical" or if "the delay it could cause may lead to serious consequences."
Under Rule 12.4, the licensee's own motion record, factum and book of authorities, if any, are due no later than 2 p.m. on the day before the hearing, or no later than three days before it when the motion is heard on 10 days' notice or more.
The evidence is mostly on paper
Rule 12.2 applies the Tribunal's general motions rule, Rule 8, except where Rule 12 differs. Rule 12.3(5) brings in Rules 8.2(4), (5) and (6), subject to Rule 12.
Under Rule 8.2(4), the motion record carries numbered pages, a table of contents, the notice of motion and every affidavit and other material relied on.
Rule 8.2(6) is the one that shapes the hearing. "Evidence at a motion hearing is limited to affidavits, and cross-examination and re-examination on affidavits," unless a panel gives leave otherwise. Under Rule 8.2(6), a request for leave is served and filed by the deadline for motion materials, or, for reply evidence, no later than three days after service of the responding party's motion record.
Cross-examination on an affidavit takes place before the panel at the motion hearing, under Rule 8.2(5), unless the parties agree or the Tribunal orders that it take place before a court reporter.
Rule 12 then adds a route that matters to the licensee. Under Rule 12.3(6), the respondent may testify orally at the motion hearing without leave if they have filed "a detailed statement of their anticipated evidence, including copies of documents to be submitted," by their deadline for filing motion materials.
The hearing and what the panel can order
Rule 9.1(1) says an appearance shall occur "by telephone, by videoconference, in writing or in person," as the Tribunal directs. Rule 2.3 defines an appearance to include a motion.
The hearing is public by default. Rule 13.2 says appearances, other than pre-hearing conferences, are public "unless the Tribunal or a court orders otherwise," and anyone may attend a public appearance unless the Tribunal orders otherwise. Rule 13.3 allows a not public order, a non-disclosure order or a publication ban only where openness poses a serious risk to an important public interest, the order is necessary to prevent that risk, and its benefits outweigh its negative effects.
The panel's choices come from the rule and the statute: a suspension, a restriction on the manner of practice, or no order where the section 49.27(2) test is not met.
If an interim order is made while the motion is pending, Rule 12.5 sets how long it lasts. Unless ordered otherwise, an interim interlocutory suspension or restriction order "remains in effect until the interlocutory suspension or restriction motion is determined."
How long an order lasts, and how it can change
An interlocutory order has no fixed term written into the rules. Rule 12.6 ties it to the main case:
"Unless ordered otherwise, an interlocutory suspension or restriction order remains in effect until a final order is made in the conduct proceeding to which the motion relates, or the Tribunal varies or cancels the order."
Law Society Tribunal Rules of Practice and Procedure, Rule 12.6
The order can be revisited. Rule 12.1(2) lets either the licensee or the Law Society move to vary or cancel it, and Rule 12.7 sets the ground: "fresh evidence or a material change in circumstances."
Rule 12.8 says the request starts with a Motion to Vary or Cancel Interlocutory Suspension or Restriction (Form 8 or 9) and an information sheet (Form 21 or 22), served and filed.
The rules also keep an order from sitting unattended. If the Law Society has not started an application on the matters that justified the order, Rule 12.9 requires it to serve and file a status report at least every six months after the order is made.
That report must say whether the Law Society's position is still that the order is appropriate, and give its best estimate of when, if authorized, an application will be started.
My current focus is defending licensees before the Law Society Tribunal, in conduct, good-character and capacity proceedings and reinstatement applications.
If you are a licensee facing a Tribunal proceeding and want to talk it through in confidence, you can book a consultation.
This article is general information about how the process works, not legal advice about your situation.