This power is intended to be used if there is reasonable and probable grounds that an HRPA member has committed
an act of professional misconduct.
(a) the Registrar believes on reasonable and probable grounds that the member has committed
an act of professional misconduct or is incompetent and the Inquiries, Complaints and Reports Committee approves of the appointment;
71.1 Section 71 also applies to an order made by a panel of the Discipline Committee because of a finding that a member has committed sexual abuse of the kind described in paragraph 3 of subsection 51 (5) or
an act of professional misconduct described in subsection 51 (5.2).
53.1 In an appropriate case, a panel may make an order requiring a member who the panel finds has committed
an act of professional misconduct or finds to be incompetent to pay all or part of the following costs and expenses:
It is — or once was — a crime, a tort, and
an act of professional misconduct.
These operations were based on allegations of corruptions and other
acts of professional misconduct by a few of the suspected Judges.
Peirovy was found guilty by the panel last July of «
acts of professional misconduct in that he engaged in the sexual abuse» of four patients.
Not exact matches
We write in our capacity as citizens
of the Republic
of Ghana invoking the powers
of this Commission under Article 218 (a)
of the 1992 Constitution
of Ghana and section 7 (1)(i)
of the CHRAJ
Act 1993 (
Act 456), as amended, which states «to investigate complaints
of violations
of fundamental rights and freedoms, injustice, corruption, abuse
of power and unfair treatment
of any person by a public officer in the exercise
of his official duties», to investigate a case
of professional misconduct bothering on official corruption and corruption - related activities involving ACP Mrs. Maame Yaa Tiwaa Addo Danquah, the current
acting Director - General
of the Criminal Investigations Department (CID)
of the Ghana Police Service.
[1] Global warming conspiracy theorists typically allege that, through worldwide
acts of professional and criminal
misconduct, the science behind global warming has been invented or distorted for ideological or financial reasons, or both.
The lawyer had a history
of professional misconduct, including
acting in conflict
of interest and failing to comply with an undertaking.
So when a lawyer fears a client's disapproval (or wants the client's approval), where the lawyer works in an environment in which certain kinds
of misconduct become normalized or excused, where conformity is valued, or, conversely, creativity in «interpreting» rules is, it is not really that surprising that that lawyer does not
act to prevent
misconduct, even where satisfaction
of his personal or
professional obligations should lead him to do so.
[2] The Law Society
Act provides that the Law Society has certain investigative powers where the conclusion is reached that there is sufficient information indicative
of professional misconduct or lack
of capacity.
Where, for example, a registrant or member suffers from an alcohol or drug addiction, a regulator must accommodate that disability to the point
of undue hardship when addressing
professional misconduct resulting from that disability, or when addressing the registrant's competence, or when
acting under any provision relating specifically to addictions that may impair the
professional's ability to practice, e.g., under sections 33 (4)(e) and 39 (1)(e)
of the Health Professions
Act.
The Court upheld a decision
of The Law Society
of Manitoba's Discipline Panel finding a lawyer guilty
of professional misconduct for, inter alia, failing to give notice to the Director
of Insurance
of the Law Society as soon as practicable after becoming aware
of any
acts or omissions that might give rise to a claim.
The Nova Scotia Barristers» Society charges Lyle Howe,
of Halifax, Nova Scotia, with
professional misconduct and professional incompetence for allegedly violating, between 2015 and 2016, provisions of the Code of Professional Conduct (the «Code»), the Regulations made pursuant to the Legal Profession Act (the «Act»), and practice conditions ordered by the Complaints Investigation Committee in September 2015 and July 2016 pursuant to s. 37 (1)(b)
professional misconduct and
professional incompetence for allegedly violating, between 2015 and 2016, provisions of the Code of Professional Conduct (the «Code»), the Regulations made pursuant to the Legal Profession Act (the «Act»), and practice conditions ordered by the Complaints Investigation Committee in September 2015 and July 2016 pursuant to s. 37 (1)(b)
professional incompetence for allegedly violating, between 2015 and 2016, provisions
of the Code
of Professional Conduct (the «Code»), the Regulations made pursuant to the Legal Profession Act (the «Act»), and practice conditions ordered by the Complaints Investigation Committee in September 2015 and July 2016 pursuant to s. 37 (1)(b)
Professional Conduct (the «Code»), the Regulations made pursuant to the Legal Profession
Act (the «
Act»), and practice conditions ordered by the Complaints Investigation Committee in September 2015 and July 2016 pursuant to s. 37 (1)(b)
of the
Act.
It must be enshrined in the 2007
Act that, in accordance with
professionals» constitutional right to earn a livelihood, the standard
of proof
of which the
Professional Conduct Committee, Health Committee or Council must be satisfied as regards an allegation of professional misconduct or poor professional performance is «beyond a reasonable d
Professional Conduct Committee, Health Committee or Council must be satisfied as regards an allegation
of professional misconduct or poor professional performance is «beyond a reasonable d
professional misconduct or poor
professional performance is «beyond a reasonable d
professional performance is «beyond a reasonable doubt».
The Nova Scotia Barristers» Society charges Duane Rhyno,
of Halifax, Nova Scotia with
professional misconduct and conduct unbecoming in that he breached provisions of the Code of Professional Conduct (the «Code»), and the Regulations made pursuant to the Legal Pro
professional misconduct and conduct unbecoming in that he breached provisions
of the Code
of Professional Conduct (the «Code»), and the Regulations made pursuant to the Legal Pro
Professional Conduct (the «Code»), and the Regulations made pursuant to the Legal Profession
Act.
In
acting for
professionals, Lisa has defended them against allegations
of misconduct, incompetence, and registration.
The court noted, however, the registrar should «should provide a brief description
of the
act (s)
of professional misconduct he or she believes on reasonable and probable grounds were committed.»
This HPRB decision will, in any event, likely force colleges to develop a more nuanced understanding
of the relationship between different forms
of negligent
acts or other civil wrongs, and
professional misconduct.
Similarly, a complainant may seek to use, in court, any disciplinary findings that certain
acts of negligence amount to
professional misconduct (although this possibility has existed since before this HPRB decision).
John is currently advising and
acting on behalf
of the claimants in a number
of professional negligence cases including: a farmer in a case against an architect arising from the collapse
of a barn roof; a SME in a case against a barrister and a solicitor arising from the
misconduct of litigation against two separate finance companies in related disputes; a trustee in bankruptcy in a case against a solicitor arising from the
misconduct of litigation against a financial advisor; and another trustee in bankruptcy in a case against a solicitor arising from the
misconduct of a commercial property transaction.
As I have written in a recent article on the topic
of shoplifting demand letters, when lawyers send letters that mislead the public as to their legal obligations, there is a strong case that these lawyers are breaching rules
of professional misconduct by, among other things, knowingly assisting their clients in dishonest conduct and violating their obligations to
act in good faith and practice law with integrity.
Although the risk
of liability may currently
act as a disincentive for advisers to misuse threats to sue, we thought that this could and should be dealt with as
professional misconduct.
That was one
of the issues in a Law Society Tribunal case in which the panel made findings
of professional misconduct against a Whitby, Ont., lawyer who
acted for a client in her matrimonial dispute.
For example, Rule 3.2 - 8
of LSUC's Rules
of Professional Conduct directs in - house counsel who know that their employer «has
acted, is
acting or intends to
act dishonestly, fraudulently, criminally or illegally» to report the
misconduct up the governance ladder and then silently withdraw if the
misconduct persists.
Where a complaint has been received from a consumer or a licensee, the Council may conduct an investigation to determine whether a licensee has committed
professional misconduct or conduct unbecoming a licensee within the meaning
of the Real Estate Services
Act.
This may include the strata council submitting a complaint to the Council with respect to the conduct
of the strata manager if the strata council believes the strata manager has committed
professional misconduct or conduct unbecoming a licensee under the Real Estate Services
Act.
4 DOS APP 02 Matter
of DOS v. Hecht - business practices; commissions; broker's past
acts can not be used against him as evidence
of repeated
misconduct on a charge
of illegal business practices where such conduct is being now first reviewed for untrustworthiness; charging fees in excess
of professional norms, absent a showing
of unique services offered above and beyond those services normally rendered by a real estate broker, demonstrates untrustworthiness; broker's current commission rates are far in excess
of rates established by custom and usage; ALJ's decision modified, license suspended until one month after broker refunds amount in excess
of rates established by custom and usage