This page outlines the disciplinary procedure from A to Z: how a complaint is investigated, who decides to pursue it, how the hearing takes place, what sanctions may be imposed, and what appeals exist. If you simply want to know how to act in the case of a lawyer, see Filing a complaint with the Bar President.
Initiating Proceedings
The Bar President of each Bar Association is responsible for examining complaints concerning the lawyers of their Bar. They conduct an investigation on their own initiative, based on written reports from the Public Prosecutor, or following a complaint (Article 458, § 1 of the Judicial Code).
The Investigation
The Bar President conducts an investigation or appoints an investigator, who must hear any potential complainant as well as the lawyer under investigation.
At the conclusion of the investigation, a report is submitted to the Bar President, who decides whether to summon the lawyer before the Disciplinary Council.
The Bar President's Decision
Two possibilities: refer the lawyer to the Disciplinary Council or dismiss the complaint if it is deemed inadmissible, unfounded, or of a trivial nature.
Referral to the Disciplinary Council
The Bar President forwards the file along with their reasoned decision to the president of the relevant Disciplinary Council for the purpose of summoning the lawyer before the Council (Article 458, § 2). The president has no alternative but to summon the lawyer before the Disciplinary Council, specifying the allegations against them (Article 459, § 1).
The Complainant's Appeal
If informed of the decision to dismiss the complaint, the complainant may contest it within three months by sending a registered letter to the president of the Disciplinary Council.
Similarly, if no decision to dismiss or pursue has been made within six months from the date of filing the complaint, the complainant or the lawyer may refer the matter to the president of the Disciplinary Council.
The latter may uphold the decision not to pursue, complete the ongoing investigation, or decide, possibly after further investigation, that the lawyer must appear before the Disciplinary Council.
Three Disciplinary Councils oversee the bars of AVOCATS.BE, one for each Court of Appeal jurisdiction. See Disciplinary Councils for their composition and contact details.
The Hearing and Sanctions
Hearing Proceedings
Hearings are public. The lawyer may request a closed session.
The complainant may be heard at the hearing regarding the facts that concern them. If a closed session has been requested, they must leave once they have been heard.
Sanctions
Minor penalties include a warning and a reprimand.
Major penalties include suspension for a maximum of one year and disbarment.
Communication of the Decision
The decision is sent by registered letter to the lawyer, their Bar President, and the Public Prosecutor.
The complainant does not receive the decision. However, if requested, the Bar President or the president of the Disciplinary Council may provide, orally or in writing, appropriate information about the decision and any available appeals.
Appeal and Cassation
If the decision is rendered in absentia, the lawyer may lodge an opposition. Decisions may be appealed by the lawyer concerned, their Bar President, or the Public Prosecutor.
The Disciplinary Appeals Council
This body is unique for the bars under AVOCATS.BE. Another Disciplinary Appeals Council is responsible for bars under the O.V.B., based in Brussels.
Proceedings are conducted in the same manner as before the first-instance Disciplinary Council.
Possible recourses against its decision include opposition, in the case of a decision rendered in absentia, and an appeal on points of law to the Court of Cassation.
Limitation Period and Independence of the Procedure
Limitation Period
The disciplinary procedure must be initiated within twelve months of the disciplinary authority becoming aware of the facts (Article 474 of the Judicial Code).
Independence of the Procedure
Article 477 of the Judicial Code stipulates that the existence or elements of a disciplinary procedure cannot be invoked in criminal, civil, or administrative proceedings.
The legislator intended, while maintaining the lawyer's duty of honesty toward their disciplinary authorities, to protect them from the use, in other proceedings where this duty does not apply, of elements from the disciplinary procedure.
This provision is also a necessary corollary to the information that can now be provided to the complainant.
Do you want to file a complaint?
This page outlines the procedure. To find out exactly what to do and who to contact, start here.
