PART IVREGULATION AND DISCIPLINE
Rules of professional conduct applicable25
Where a registered European lawyer is practising under his home professional title in the United Kingdom, he shall be subject to the same rules of professional conduct as a member of the professinal body with which he is registered, and if he is registered with more than one, he shall be subject to the rules of professional conduct of all the professional bodies with which he is registered.
Disciplinary proceedings applicable26
1
Where a registered European lawyer fails to comply with the rules of professional conduct to which he is subject under regulation 25, he shall be subject to the same rules of procedure, penalties and remedies as a member of the professional body with which the European lawyer is registered and shall, if appropriate, be subject to disciplinary prodeedings brought by an appropriate authority.
2
Any sanction against a registered European lawyer in relation to disciplinary proceedings may include withdrawal or suspension of his registration.
3
The appropriate authority shall give reasons for its decision.
4
In this regulation, an appropriate authority means—
a
where the registered European lawyer is registered with one of the solicitors' professional bodies, an authority having disciplinary jurisdiction over solicitors in England and Wales or Northern Ireland, as the case may be;
b
where the registered European lawyer is registered with one of the barristers' professional bodies, an authority having disciplinary jurisdiction over barristers in England and Wales or Northern Ireland, as the case may be;
c
where the registered European lawyer is registered with more than one of the solicitors' professional bodies or the barristers' professional bodies, an authority having disciplinary jurisdiction over solicitors or barristers, as the case may be, in England and Wales or Northern Ireland.
Disciplinary proceedings against a registered European lawyer27
1
Where a professional body intends to begin disciplinary proceedings against a registered European lawyer, it shall—
a
inform the competent authority in his home State of the intention to begin those proceedings and furnish it with all the relevant details;
b
co-operate with that authority throughout those proceedings; and
c
inform that authority of the decision reached in those proceedings, including the decision in any appeal, as soon as practicable after the decision is given.
2
Subject to paragraph (3), where the competent authority in the registered European lawyer’s home State withdraws his authorisation to practise under the home professional title either temporarily or permanently, his registration with the professional body shall be automatically withdrawn to the same extent.
3
Where a registered European lawyer is authorised to practise under a home professional title in two or more home States, his registration shall be withdrawn in accordance with paragraph (2) only if his authorisation to practise under a home professional title has been withdrawn in all those home States.
4
Where there is an appeal against a decision in disciplinary proceedings against a registered European lawyer, the body responsible for hearing the appeal shall afford the competent authority in the registered European lawyer`s home State an opportunity to make representations in relation to that appeal.
Disciplinary proceedings against a solicitor or barrister28
Where a profesional body intends to begin disciplinary proceedings against a solicitor or barrister practising in a State listed in regulation 2(4), it shall inform the competent authority in that State of—
a
the intention to begin those proceedings and furnish it with all the relevant details; and
b
the decision reached in those proceedings, including the decision in any appeal, as soon as practicable after the decision is given.