Not exact matches
A few ill - chosen, sarcastic, or even nasty comments directed at one's opponent will rarely constitute
professional misconduct, particularly if they reflect a moment
of ill - temper and an apology is
made.»
The ABA Standing Committee on Ethics and
Professional Responsibility wants to add provisions that would
make it
misconduct for lawyers to knowingly discriminate or engage in harassment in conduct related to the practice
of law.
Moore - Bick LJ, giving the leading judgment identified the primary issue as being «whether a person who suffers damage as a result
of findings
of personal or
professional misconduct leading to dismissal and loss
of professional status that were
made against him in disciplinary proceedings conducted in breach
of contract, but which would not otherwise have been
made, can recover damages at large».
«(i) that in matters
of personal conduct he would be subject to the hospital's general procedures and that in matters
of professional conduct he would be subject to a procedure agreed by the Local Negotiating Committee in respect
of medical practitioners; (ii) that he was accused by the Trust
of personal and
professional misconduct; (iii) that because
of the nature
of the allegations
made against him he was contractually entitled to a formal disciplinary hearing by a panel which included a clinician
of the same discipline as himself and a legally qualified chairman, before which he would have the benefit
of legal representation, if he so wished; (iv) that the disciplinary hearing which resulted in the findings
of misconduct was not conducted in accordance with the terms
of his contract
of employment because the panel did not include a clinician
of the same discipline as himself, nor a legally qualified chairman and because his request to be allowed legal representation was refused; (iv) that following the panel's findings he was dismissed for personal and
professional misconduct; (v) that if the proceedings had been carried out in accordance with his contract
of employment the panel would not have found that he was guilty
of personal and
professional misconduct and he would not have been dismissed; (vii) that because he was dismissed on the grounds
of personal and
professional misconduct (including dishonesty) he has been unable to find comparable alternative employment» [at para 10]:
Nonetheless, the significance
of her ethical violations, the centrality
of those violations to the ethical duties
of lawyers, and the fact that she and Kent were in a lawyer - client relationship,
make her admission
of professional misconduct, and the severity
of the sanction, understandable.
While he found it would be almost impossible to create an exact formula for determining when a lawyer has committed
professional misconduct in the courtroom and agreed that it should be up to the Law Society to determine when
misconduct took place, he did offer a set
of basic principles that could be applied when trying to
make a determination
of in - court
misconduct.
Accountancy
professionals may also find themselves the subject
of regulatory and disciplinary proceedings if an allegation
of misconduct is
made against them in criminal or civil proceedings.
Nevertheless, the judge found the appeal panel's test for measuring potential
professional misconduct — that counsel must not impugn their opponents unless they
make their allegations in good faith and on a reasonable basis — «fails to go far enough to protect the importance
of zealous advocacy.»
One
of the thornier questions in the regulation
of care
professionals is how to strike the balance between the interest
of the public and the interests
of the
professional when allegations
of misconduct are
made.
Ethics lawyer Gavin MacKenzie with Davis LLP says Harding's words were «ill - advised and discourteous,» but he agrees they didn't constitute a
professional misconduct «particularly since he had a legitimate point to
make about the inappropriateness
of the law clerk engaging him in correspondence about the interpretation
of case law.»
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.
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.
With the decision to penalise
made by the Judicial Department
of the Shandong province, Zhu has become the first ever lawyer to be forcefully stripped
of his practising licence by administrative measure, not as a result
of any
professional misconduct but
of exercising his civil right
of expression.
It is not necessary for conduct to be «dishonourable, disgraceful, blatant or cavalier» (paragraph 32) in order to
make a finding
of professional misconduct or unprofessional conduct.
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:
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).
Last summer, the law society found Groia guilty
of professional misconduct and at press time was still considering whether to suspend him for up to four months and
make him pay costs
of $ 250,000.
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.
Amendments under bill 111 will enable the LSUC «to strengthen its hearing and appeals process for alleged cases
of professional misconduct involving lawyers and paralegals,
making it more transparent, fair and cost - effective,» said the law society.
In addition, the angry dissatisfied parent may also
make complaints against the service provider through their licensing body, again with spurious and vexatious allegations
of professional misconduct.
Additionally, a disciplinary committee
of the Council, if it finds that a licensee has committed
professional misconduct, can
make various disciplinary orders including reprimanding or suspending licensees, or imposing a disciplinary penalty
of not more than $ 250,000 in the case
of a representative, associate broker, or managing broker and not more than $ 500,000 in the case
of a brokerage or former brokerage.