PROFESSIONSSolicitors' disciplinary proceedings - absence of legal advice or representation before disciplinary tribunal - no unfairness or breach of convention rightsPine v Law Society: CA (Sir Andrew Morritt V-C, Lords Justice Buxton and Arden): 25 October 2001The Solicitors' Disciplinary Tribunal struck the solicitor's name from the Roll for conduct unbefitting a solicitor, a decision subsequently upheld by the High Court.

The solicitor appealed on the ground that, because of the nature of the charges against him and the severity of the possible consequences, the lack of any provision for legal advice or representation in connection with the disciplinary proceedings breached his rights under article 6 of the European Convention on Human Rights.Nicholas Blake QC and Julian Knowles (instructed by Irwin Mitchell) for the solicitor.

Timothy Dutton QC, Mark Hoskins and Geoffrey Williams, solicitor (instructed by Geoffrey Williams & Christopher Green, Cardiff) for the Law Society.Held, dismissing the appeal, that the application of the convention depended on the facts of the particular case; that in the instant case the proceedings were not complex and the solicitor was an experienced solicitor who had had ample opportunity to advance his defence; that the seriousness of the likely consequences, considered in the light of the absence of legal advice or representation, had not given rise to any unfairness; and, that accordingly there had been no breach of article 6.