2. The membership of the Joint Tribunal shall comprise a panel of 10 barristers appointed by the Chairman ("the Chairman") of the Bar Association and 10 solicitors appointed by the President ("the President") of the Law Society.
3. The Joint Tribunal shall resolve disputes between members of the Bar Association and the Law Society relating to fees which are referred to it by the Chairman or the President.
4. Where the Chairman or the President is of the opinion that such a dispute should be referred to the Joint Tribunal, the Chairman or the President shall each inform the other and the parties ("the parties").
5. Within one month of such notice the Chairman and the President respectively shall nominate a barrister and a solicitor from the panel to form a Joint Tribunal to resolve the dispute and shall advise the parties of the same.
6. The party whose complaint forms the basis for the reference ("the Applicant") shall within 14 days of the Joint Tribunal's appointment supply 5 copies of the Statement of his case, all relevant fee notes, correspondence between the parties, the Bar Council and/or the Law Society, and other documents in relation to the dispute. (Circular No. 34/99)
7. The Joint Tribunal shall within 7 days thereafter supply one copy of the Applicant's Statement of Case and supporting documents to the other party ("the Respondent") who shall prepare and supply 5 copies of his Statement of Response within 14 days of receipt of the Applicant's case, to the Joint Tribunal. (Circular No. 34/99)
8. Within 7 days thereafter, the Joint Tribunal shall supply a copy of the Statement of Response and supporting documents to the Applicant who shall within 14 days make a Statement of Reply, if appropriate, with any further supporting documents and supply 5 copies of the same to the Joint Tribunal. (Circular No. 34/99)
9. The Law Society member and the Bar Association member of the Panel shall alternate as Chairman of the Panel.
10. The Joint Tribunal shall in its absolute discretion decide on the appropriate procedure to resolve the dispute subject to the provisions of paragraphs 6, 7, 8 and 12. The Joint Tribunal may within 28 days of receipt of the documents referred to above, invite the parties to:-
(1) make representations in respect of the conduct of the dispute;
(2) adduce such or additional evidence or written or oral submissions as the Joint Tribunal deems necessary.
11. The Joint Tribunal may at its discretion stipulate or extend any time limit provided for in these Terms of Reference and Procedure.
12. Upon receipt of all documents and submissions and in any event within 28 days of receipt of the Statement of Response the Joint Tribunal shall fix a time for any hearing, not later than 56 days thereafter or notify the parties that no hearing is considered appropriate.
13. The Joint Tribunal shall communicate its decision to the parties and to the Chairman and the President.
14. The Joint Tribunal shall give reasons for its decision which shall be final.
15. Payment of any sum found due shall be made within 14 days of the date of the notification in writing to the party required to make it of any award by the Joint Tribunal.
16. The Joint Tribunal shall have power to direct the payment of undisputed sums forthwith and payment shall be made within 14 days of any such interim award.
17. In the event of any failure to abide by the Joint Tribunal's decision on any award or interim award the Joint Tribunal shall refer the matter as professional misconduct to the Law Society or the Bar Council.
18. The Joint Tribunal may draft a guidance note for consideration by the Bar Council or the Law Society on the practice to be observed in similar circumstances.
