What are the factors used to determine the penalty imposed on a lawyer for gross misconduct?

Ontario, Canada


The following excerpt is from Law Society of Ontario v. Decock, 2019 ONLSTH 36 (CanLII):

In Law Society of Upper Canada v. Aguirre,[1] the panel discussed the various factors which ought to inform the penalty imposed, once misconduct has been proven. The panel enumerated such considerations as: • the existence or absence of a prior disciplinary record; • the existence or absence of remorse, acceptance of responsibility and understanding of the effect of the misconduct on others; • whether the member has since complied with his/her obligations; • the extent and duration of the misconduct; • the potential impact of the misconduct and how it did or might reasonably be expected to affect the clients’ interests; and • whether the member has admitted the misconduct, among other factors.

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