Law Society faces rebellion over proof change
Northern Ireland solicitors are challenging their Law Society over plans to lower the burden of proof in disciplinary cases. More than 50 members requested a special meeting set for this afternoon to vote against switching from criminal to civil standards when the tribunal judges professional misconduct allegations.
The Solicitors Disciplinary Tribunal currently requires charges to be proven beyond a reasonable doubt, the same threshold used in criminal courts. A 2023 legal opinion confirmed this approach, though the Law Society claims it previously operated under the less stringent civil standard requiring only a balance of probabilities.
Critics argue the organization has not properly consulted members since the tribunal proposed the change two years ago. England, Wales, and the Bar Council of Northern Ireland have adopted civil standards, but Ireland and Scotland retain criminal standards for lawyer discipline cases.
Members will vote on whether to keep requiring proof beyond a reasonable doubt in all tribunal proceedings. The meeting follows growing resistance among solicitors who question the transparency of the proposed shift.
