What evidence may be tendered at a hearing?
At the facts and verdict hearing, evidence is usually tendered through viva voce evidence from witnesses. Where there is agreement between Law Society counsel and the respondent (or counsel) as to some or all of underlying facts, evidence may be tendered through an agreed statement of facts. In some circumstances, evidence may be tendered by affidavit. The Law Society may seek an order that the respondent be required to testify pursuant to s. 41 of the Legal Profession Act. At the “penalty” part of the hearing, a respondent may tender medical evidence or character evidence, which should be provided to Law Society counsel in advance.
