About this service
A dispute with the Ethics Commission of the Georgian Bar Association is the central track of the profession's disciplinary system: this body checks incoming information about an advocate, studies its validity and decides the question of disciplinary liability. This page describes the commission's composition, restrictions on membership, grounds for termination of powers and the full route of appeal — deadlines, parties and the form of the process. In practice these details decide outcomes: the lawfulness of the commission's composition, the admissibility of the source of information and the observance of the appeal deadline are often more important than the substantive side.
Composition and powers of the commission
The Ethics Commission consists of 15 members, of whom no fewer than 12 are advocates; the members are elected by the General Assembly of the Association for a term of 4 years in the manner established by the Charter, and those candidates who receive more votes than others are considered elected. An advocate member of the commission must be a person who has reached the age of 30 with no less than 5 years of professional experience. The commission operates independently, and its chair is elected from among its composition by secret ballot, by a majority of the full membership, for a term of 2 years — a person may be elected to this office consecutively only twice. Together with the members, the General Assembly elects no more than 6 substitute members, who take a seat when a member's powers are terminated early.
The commission's procedural powers are broad: on the basis of a party's request it may demand from a state organ or a private-law legal entity the information and documents necessary for a decision, question the relevant physical persons and perform other actions; a refusal must be substantiated in accordance with the legislation. The commission issues its decisions in the name of the Georgian Bar Association. An essential guarantee exists: an anonymous letter or notification may not serve as a ground for considering the question of an advocate's disciplinary liability — the lawfulness of the source that started the dispute is the defence's first question. The disciplinary procedure is itself defined by regulations approved by the General Assembly, and conformity with them is part of the lawfulness of the examination.
Restrictions on membership and termination of powers
An advocate may not be elected a member of the Ethics Commission if he has an unfulfilled property obligation imposed by court, is undergoing criminal prosecution as an accused, or has had a disciplinary sanction imposed or membership in the Association suspended during the last 3 years; consecutive election as a member is possible only twice. A member's powers are terminated upon a personal application, upon suspension of the right to carry out advocacy, upon expiry of the term simultaneously with the election of a new member, or upon termination of membership in the Association. If the number of members falls below half, a General Assembly must be convened immediately to elect new members — these rules of composition are a separate lawfulness condition to be verified during a dispute.
The appeal route to the Supreme Court
A decision of the commission on the imposition of a disciplinary sanction may be appealed by the advocate within 1 month from its handing over, to the Disciplinary Chamber of the Supreme Court of Georgia. The complaint is filed with the Ethics Commission, within 1 week of its receipt the chair forwards the case with the complaint to the Disciplinary Chamber and notifies the parties. The parties to the case are the public-law legal entity — the Georgian Bar Association — and the advocate upon whom the disciplinary sanction was imposed. The process is confidential and the hearing closed; at both parties' request, however, it must be public. A protocol is kept at the hearing, signed by the chair and the secretary, and the parties may petition for circumstances of material significance to be entered into the protocol; the course of the hearing may also be recorded by electronic means. The decision is adopted in writing, is signed by the members of the Chamber and is published; a dissenting opinion is attached to the case.
Where the sanction is changed, the decision of the Disciplinary Chamber is sent to the parties, and where a measure of disciplinary influence is imposed on the advocate, the Ethics Commission is obliged, within 10 days from the handing over of the decision, to determine the content of a private recommendation card and to send it to the advocate.
Frequently Asked Questions
The questions that arise most often in disputes with the Ethics Commission, answered from the law.
Who elects the commission's chair?
The commission elects the chair from among its own composition by secret ballot, by a majority of the full membership, for a term of 2 years; the office may be held consecutively only twice.
Who may file the complaint?
The decision imposing a sanction may be appealed by the advocate upon whom it was imposed — within one month of the decision being handed over to him.
Where is the complaint filed?
With the Ethics Commission; within 1 week of its receipt the chair forwards the case together with the complaint to the Disciplinary Chamber of the Supreme Court.
How We Help on Legal.ge
Our team follows disputes with the Ethics Commission and the Disciplinary Chamber at every stage: we verify the admissibility of the source of information and the lawfulness of the commission's composition, prepare explanations and evidence, preserve the one-month appeal deadline and represent the advocate's interests at the Chamber's closed hearing as well. If a case has been initiated against you at the Ethics Commission, contact us — at the first consultation we will assess the prospects of the dispute. Legal.ge — reliable legal support throughout Georgia.