Disciplinary matters (LPUL Act)

Question 1

s 295 – disciplinary matters

Answer 1

This part applies to disciplinary matters.

Question 2

s 296 – Unsatisfactory professional conduct

Answer 2

Unsatisfactory professional conduct is conduct of a person that falls short of the standard competence and diligence that a member of the public is entitled to expect of a reasonably competent lawyer.

Question 3

s 297 – Professional misconduct

Answer 3

Professional misconduct includes unsatisfactory professional conduct, and conduct of a lawyer that would justify a finding that the lawyer is not fit and proper to engage in legal practice.

Question 4

s 298 – Conduct capable of constituting unsatisfactory professional conduct or professional misconduct

Answer 4

Conduct capable of constituting unsatisfactory professional conduct or professional misconduct – includes:

• contravention that is an offence or punishable by pecuniary penalty
• Conviction of an offence
• Conduct arising from contravention of the Uniform Rules
• Charging more than fair and reasonable amount of legal costs
• Sexual or tax offences, or offences involving dishonesty.
• Conduct as or in becoming insolvent
• Becoming disqualified from managing a corporation
• Failing to comply with an order of a designated tribunal
• Failing to comply with a compensation order

Question 5

s 299 – Determination by local regulatory authority

Answer 5

a legal authority may find that a lawyer has engaged in unsatisfactory conduct and may make the following orders:

• an order cautioning the practitioner
• an order reprimanding the practitioner
• an order requiring an apology
• an order that work be redone at no cost or reduced costs
• an order that the practitioner undertake training, education or counselling
• an order requiring the practitioner to pay a fine (not exceeding $25,000)
• an order recommending the imposition of a condition on the practitioner’s practicing certificate
• that no further action be taken.