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.
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).