Article 39 (1-5) of the Code of Professional Conduct for counsel describes the Disciplinary procedure in the Commissioner’s (initial) phase as follows:
“39(1) The Commissioner conducting the investigation may dismiss a complaint without any further investigation if he or she considers on the basis of the information at his or her disposal that the allegation of misconduct is unfounded in fact or in law. He or she shall notify the complainant accordingly.
39(2) Should the Commissioner consider otherwise, he or she shall promptly investigate the counsel’s alleged misconduct and decide either to submit a report to the Disciplinary Board or to bring the procedure to an end.
39(3) The Commissioner shall take into consideration all evidence, whether oral, written or any other form, which is relevant and has probative value. He or she shall keep all information concerning the disciplinary procedure confidential.
39(4) The Commissioner may try to find an amicable settlement if he or she deems it appropriate. The Commissioner shall report the outcome of any such efforts to reach an amicable settlement to the Disciplinary Board, which may take it into consideration. Any amicable settlement shall be without prejudice to the competence or powers of the Disciplinary Board under this Code.
39(5) The report of the Commissioner shall be submitted to the Disciplinary Board.”