BVI Bar Association · Legal Profession Act, 2015

Making a Complaint Against an Attorney

If you believe an attorney has acted improperly or unprofessionally, you have the right to make a formal complaint. This guide explains what you can complain about, who handles complaints, and what to expect from the process.

The Disciplinary Tribunal

The Disciplinary Tribunal (the “Tribunal”) is established under the Legal Profession Act, 2015. It is an independent body responsible for upholding professional standards in the legal profession, investigating complaints against attorneys, and taking disciplinary action where professional misconduct is found. The Tribunal operates independently of the BVI Bar Association.

Grounds for Making a Complaint

A complaint may be made where an attorney’s conduct falls into one or more of the following categories:

Professional misconduct

Includes dishonest or unethical conduct, mishandling of your money, overcharging, failing to account for funds, or allowing an unqualified person to handle your legal matter.

Criminal conviction

Where an attorney has been convicted of a criminal offence — including by a foreign court — that the Tribunal considers likely to bring the legal profession into disrepute.

Other prescribed grounds

Any other conduct prescribed as a ground for complaint under the Legal Profession Act, 2015, including conduct affecting the attorney’s fitness to practice.

Who Can Make a Complaint?

The following persons may lodge a formal complaint with the Disciplinary Tribunal:

A client of the attorney (or a former client)

Any member of the public who has been aggrieved by an attorney’s conduct

The Attorney General

The Registrar of the High Court

Any member of the Virgin Islands General Legal Council

The Court (with leave of the Tribunal)

How to Make a Complaint

Follow these steps to submit a formal complaint to the Disciplinary Tribunal:

Prepare your affidavit

Complaints must be made in the form of a sworn affidavit using Form 2, Schedule 6 of the Legal Profession Act, 2015. Your affidavit should set out clearly the facts of your complaint and the conduct you are complaining about. You may wish to seek independent legal advice in preparing this document.

Submit to the Tribunal Secretary

Deliver your completed affidavit to the Secretary of the Disciplinary Tribunal, who is the Registrar of the High Court, at the address set out below. Keep a copy of everything you submit for your own records.

Include supporting documents

Where possible, attach any documents that support your complaint — for example, correspondence with the attorney, fee notes, receipts, or any other relevant records.

What Happens After You Complain?

The Tribunal reviews your complaint

On receiving your complaint, the Tribunal will consider whether to summarily dismiss it or to convene a formal hearing to examine the matter. You will be notified of its decision.

A hearing may be scheduled

If the Tribunal decides a hearing is necessary, it will issue formal notices to all parties, fix a hearing date, and provide the attorney with a copy of the affidavit of complaint made against them.

The attorney must step back from your matter

If the attorney you are complaining about is still acting for you, that attorney is required by law to immediately withdraw from any matter being considered by the Tribunal.

The hearing takes place

The Tribunal has the powers of the High Court — it can summon witnesses, require documents to be produced, and examine parties under oath. Both sides will have the opportunity to present their case.

A decision is made

Following the hearing, the Tribunal will deliver its determination. If professional misconduct is found, it may impose one or more of the sanctions set out below.

What the Tribunal Can Do

Where the Tribunal finds that an attorney has committed professional misconduct, it has the power to:

Remove the attorney’s name from the roll, preventing them from practicing law in the Virgin Islands

Suspend the attorney from practice for a defined period with conditions, not exceeding 12 months

Impose a fine of up to $20,000 (Part A of Schedule 4) or up to $50,000 (Part B of Schedule 4)

Issue a formal reprimand to the attorney or require them to provide a written apology

Order the attorney to pay costs of the proceedings or make a contribution towards costs

Order the attorney to pay you compensation or make reimbursement for any loss suffered

Impose any other reasonable measure that does not exceed the prescribed penalties

Right of appeal: Either party has the right to appeal a decision of the Tribunal to the Court of Appeal within 28 days of the Tribunal’s determination.

Contact the Tribunal

Disciplinary Tribunal — Registry of the Supreme Court

Address

3rd Floor, Sakal Place,
P.O. Box 418, Road Town, Tortola
VG1110, British Virgin Islands

Telephone

1 (284) 468-5001

Secretary

Disciplinary Tribunal
Registry of the Supreme Court

Any person who wishes to be a member of the BVIBA must be continuously resident in the Territory of the Virgin Islands for at least one year prior to making an application for membership.

Secretary: secretary@bvibar.org

General Email: info@bvibar.org

Disciplinary Complaints