2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

Schedule

(Rule 8(3))

FORM 1

IN THE EASTERN CARIBBEAN SUPREME COURT

SAINT LUCIA

IN THE HIGH COURT

IN THE MATTER of a complaint against an attorney at law for alleged professional misconduct
AND IN THE MATTER OF the Supreme Court Order, Cap. 2.01, and the Supreme Court (Legal Profession Disciplinary Procedure) Rules
The Complainant(Full name)
The Respondent(Full name)
COMPLAINT NO- SLUHDP20[]/
COMPLAINT AGAINST AN ATTORNEY-AT-LAW
I, the undersigned      hereby make a complaint
(Name of Complainant)
that      of     
     (Name of Respondent)     (Address)
........................... attorney-at-law, may be required to answer the allegations contained hereunder, namely that —(concisely state the complaint or complaints.)
I make this application on the grounds that the matters of fact alleged herein constitute professional misconduct by an attorney-at-law.
An affidavit/affidavits in support accompany this complaint
Sworn at     
this     
day of      ,.20[ ]
Before me –
    
Signature of Deponent
    
Justice of the Peace/Notary Royal
NB- Where the Complainant cannot read or write or understand or speaks only Creole the following certificate must be completed and signed by the person who assists the Complainant in preparing this application by crossing out the words in the certificate that are not relevant to the Complainant's situation.
CERTIFICATE
The Complainant having declared his/her inability to read and write or speak and understand English, the above was read over to the Complainant in Creole or in English who appeared fully to understand the same.
    
Name and Signature of person who assisted the Complainant in completing this form
    
Date of signing
The Court Office is at the Supreme Court Building, Peynier Street, Castries, telephone number [758] 453-1916, facsimile number [758] 453-2071. The office is open between 9-00 a.m. to 2-00 p.m. Mondays to Thursdays and 9-00 a.m. to 3-00 p.m. on Fridays except public holidays. This office can also be contacted via email at stluhco@,candw.lc

(Rule 8(3))

FORM 1A

IN THE EASTERN CARIBBEAN SUPREME COURT

SAINT LUCIA

IN THE HIGH COURT

IN THE MATTER of a complaint against an attorney at law for alleged professional misconduct of the attorney-at-law
AND IN THE MATTER OF the Supreme Court Order, Cap. 2.01, and the Supreme Court (Legal Profession Disciplinary Procedure) Rules
COMPLAINT No. SLUHDP20[]
The Complainant(Full name)
The Respondent(Full name)
AFFIDAVIT IN SUPPORT OF COMPLAINT
I,      make oath and say as follows –
     (Name of Complainant)
(1)     I reside at      In the State
(Place of Residence)
     of     
(2)     My occupation is      and my postal address
     is     
(3)     That     
(Name of Attorney-at-law)
(Here state set out facts complained of giving dates where possible and the grounds of complaint –
    
    
    
    
CERTIFICATE
1The Deponent having declared his/her inability to read and write or speak and understand English, the above was read over to the Deponent in Creole or in English who appeared fully to understand the same.
    
Signature of Justice of the Peace
Sworn at     
this     
day of      ,.20[ ]
Before me —
    
Signature of Deponent
    
Justice of the Peace/Notary Royal
The Court Office is at the Supreme Court Building, Peynier Street, Castries, telephone number [758] 453-1916, facsimile number [758] 453-2071. The office is open between 9-00 a.m. to 2-00 p.m. Mondays to Thursdays and 9-00 a.m. to 3-00 p.m. on Fridays except public holidays. This office can also be contacted via email at stluhco@candw.lc
1     This certificate to be completed by crossing out the words that are not relevant to the Deponent's/situation in the certificate. The Justice of the Peace may cross out the certificate completely where the Deponent is literate and understands English.

(Rule 9(1))

FORM 2

IN THE EASTERN CARIBBEAN SUPREME COURT

SAINT LUCIA

IN THE HIGH COURT

IN THE MATTER of a complainant against an attorney at law for alleged professional misconduct of the attorney-at-law
AND IN THE MATTER OF the Supreme Court Order, Cap. 2.01, and the Supreme Court (Legal Profession Disciplinary Procedure) Rules
COMPLAINT No. SLUHDP20[  ]/
The Complainant(Full name)
The Respondent(Full name)
NOTICE OF THE COMPLAINT
NOTICE TO THE RESPONDENT
You are hereby given notice of the attached complainant against you.
NB. See the notes below served with this notice of complainant.
This notice of complaint has no validity if it is not served within 14 days of the date below unless it is accompanied by an Order of the High Court extending that time.
Dated
[SEAL]
The complainant's address for service is —
This notice of complaint is important. When you get it you should consider getting legal advice.
Action to be taken on receipt of this notice of complaint —
The complainant has filed a complaint against you. If you do nothing the complaint will proceed to be heard in your absence. This means that the complainant may be entitled to take steps to enforce disciplinary action against you and you will have no right to be heard except as to the form of discipline to be imposed
WHAT YOU CAN DO
You can —
A. Answer the complaint
If you would like to do this you must —
Complete the form of answer and return it to the court office so that it received by the court office within 28 days of the date on which you received this notice of complaint
REMEMBER THAT IF YOU DO NOTHING, THE COMPLAINT MAY PROCEED IN YOUR ABSENCE, AND WITHOUT ANY FURTHER WARNING.
The Court Office is at the Supreme Court Building, Peynier Street, Castries, telephone number [758] 453-1916, facsimile number [758] 453-2071. The office is open between 9-00 a.m. to 2-00 p.m. Mondays to Thursdays and 9-00 a.m. to 3-00 p.m. on Fridays except public holidays. This office can also be contacted via email at stluhco@candw.lc

(Rule 9(2))

FORM 3

IN THE EASTERN CARIBBEAN SUPREME COURT

SAINT LUCIA

IN THE HIGH COURT

IN THE MATTER of a complaint against an attorney at law for alleged professional misconduct of the attorney-at-law
AND IN THE MATTER OF the Supreme Court Order, Cap. 2.01, and the Supreme Court (Legal Profession Disciplinary Procedure) Rules
COMPLAINT No. SLUHDP20[]/
The Complainant(Full name)
The Respondent(Full name)
AFFIDAVIT OF SERVICE ON RESPONDENT /
ATTORNEY-AT-LAW
I      of     
     (Name of person serving documents)
Make oath and say as follows —
That I did on the      day of      2[  ] serve on the
Respondent/Attorney-at-law Mr/Ms      by delivering to
him or her personally or by leaving with      at
the attorney-at-law's place of business/at the attorney-at-law's place of abode or by
posting it to the attorney-at-law's place of business/place of abode* at     
a copy of the following
Documents —
(1)     Complaint alleging professional misconduct by the attorney-at-law dated     
(2)     Affidavit in support of complaint made by     
     (Name of Deponent/s)
Dated          
     Signature of person who served documents
Sworn at      this      day of      20[  ]
Before me-
    
Justice of the Peace/Notary Royal
*  Delete as appropriate.
The Court Office is at the Supreme Court Building, Peynier Street, Castries, telephone number [758] 453-1916, facsimile number [758] 453-2071. The office is open between 9-00 a.m. to 2-00 p.m. Mondays to Thursdays and 9-00 a.m. to 3-00 p.m. on Fridays except public holidays. This office can also be contacted via email at stluhco@candw.lc.

(Rule 10 (1))

FORM 4

IN THE EASTERN CARIBBEAN SUPREME COURT

SAINT LUCIA

IN THE HIGH COURT

IN THE MATTER of a complainant against an attorney at law for alleged professional misconduct of the attorney-at-law
AND IN THE MATTER OF the Supreme Court Order, Cap. 2.01, and the Supreme Court (Legal Profession Disciplinary Procedure) Rules
COMPLAINT No. SLUHDP20[]/
The Complainant(Full name)
The Respondent(Full name)
ANSWER
I dispute the complaint on the following grounds —
(Continue on separate sheet where necessary)
I certify that all the facts set out in my answer are true to the best of my knowledge information and belief.
Dated     
Signed      [Respondent in person]
My address for service is
Telephone no.
My address for service is
Telephone no.
Signed     (Attorney-at-law for the Respondent)
My address for service is
Telephone no.
The Court Office is at the Supreme Court Building, Peynier Street, Castries, telephone number [758] 453-1916, facsimile number [758] 453-2071. The office is open between 9-00 a.m. to 2-00 p.m. Mondays to Thursdays and 9-00 a.m. to 3-00 p.m. on Fridays except public holidays. This office can also be contacted via email at stlunco@candw.lc
Notes —
     (a)     the respondent must —
     –     state which allegations in the complaint are admitted;
     –     which allegations are denied;
     –     which allegations are neither admitted or denied because the respondent does not know whether they are true;
     –     identify any documents considered necessary to the respondent's case.
     (b)     The respondent must give reasons for denying any allegations made by the complainant.
     (c)     The respondent must set out clearly all the facts on which the respondent relies to dispute the complaint and must set out any different version of events on which the respondent relies.
     (d)     The respondent may not be allowed to give evidence about any fact which is not set out in the Answer.
     (e)     If the respondent is represented by an attorney-at-law, the respondent must also sign the form and give the respondent's address for service.