Project includes sanctions and disbarment for lawyers
SANTO DOMINGO. The legislative proposal submitted by the Supreme Court of Justice to the Chamber of Deputies, for the regulation of the practice of law in the country contemplates sanctions for those that incur in serious breaches in the exercise of their profession.
According to the seriousness of the mistakes, the Council of the Judicial Power could impose sanctions on the lawyers but observations, warnings and counselling for the good of the service are not considered to be sanctions.
The legislation establishes that without prejudice a written reprimand and an oral reprimand can be given; the lawyer can be disbarred for the profession for a period of more than six months and up to two years, the lawyer who is careless with the handling of documents and case files under his care by the client, without appreciable consequences, due to the nature of the same.
Also, the legislation outlines punishments for he that commits some deed, without greater consequences, violating the rectitude, the independence, the moderation and the brotherhood that should exist in every professional; they commit notorious bad conduct; there is carelessness in the quality of the work regarding their clients causing harm to them; absenteeism from a hearing to which he was properly cited, without any justification, among other faults.
The punishment of disbarment for two to five years will be for the lawyer that fails to fulfill his duties, who practices law in an improper manner, or does not obey the prohibitions or the legal incompatibilities, when the fact or the omission has serious consequences for the citizens or the state.
Moreover, there are sanctions if cases in which the lawyer has interests are taken to the media, either personally or by third parties; if he carries out activities not within his duties; if he promotes, participates or supports activities that are contrary to public order, the good customs or the ethical practice of the profession; if he were to accept and order or mission from a client who had empowered another lawyer without the proof that the latter had received the payment of the corresponding honorariums, among other mistakes.
The legislation proposes that the lawyer will be definitively and permanently disbarred if the solicits or receives, directly or through intermediaries, commissions in money or in goods; or solicits accepts or receives gratifications, favors, gifts or rewards from his counterpart, in order to inadequately exercise the law, actions and prerogatives of his client so that the counterpart is benefitted; or omits such acts for the same reason.
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