What is the main purpose of a professional misconduct disciplinary proceeding?

British Columbia, Canada


The following excerpt is from Sangha (Re), 2021 LSBC 3 (CanLII):

The primary purpose of disciplinary proceedings is the fulfilment of the Law Society’s mandate set out in section 3 of the Legal Profession Act, namely, to uphold and protect the public interest in the administration of justice. This requires maintaining high professional and ethical standards for lawyers. As stated in Law Society of BC v. Nguyen, 2016 LSBC 21 at para. 36: Still, the disciplinary action chosen, whether a single option from s. 38(5) or a combination of more than one of the options listed, must fulfill the two main purposes of the discipline process. The first and overriding purpose is to ensure the public is protected from acts of professional misconduct, and to maintain public confidence in the legal profession generally. The second purpose is to promote the rehabilitation of the respondent lawyer. If there is conflict between these two purposes, the protection of the public and the maintenance of the public confidence in the profession must prevail, but in many instances the same disciplinary action will further both purposes. [emphasis added]

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