What is the purpose and goal of disciplinary proceedings?
British Columbia, Canada
The following excerpt is from Golden (Re), 2019 LSBC 15 (CanLII):
The purpose and goal of disciplinary proceedings are succinctly set out by the review board 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 a 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]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the main purpose of a professional misconduct disciplinary proceeding? (British Columbia, Canada)
What is the effect of the BCCA's policy of setting a guideline salary for the purpose of determining the appropriate amount for the purposes of guideline purposes? (British Columbia, Canada)
Can a class proceeding be the basis for a legal proceeding if the claims presented in that proceeding cannot be sustained individually? (British Columbia, Canada)
What is the difference between a trip to downtown Vancouver for a work purpose and a personal purpose? (British Columbia, Canada)
What is the purpose of an “authority to proceed” under s. 15 of the Criminal Code? (British Columbia, Canada)
What is the test for disciplinary action against a lawyer who has been found guilty of misconduct in a civil proceeding? (British Columbia, Canada)
Is a disciplinary action acceptable if it is within the range of fair and reasonable disciplinary action? (British Columbia, Canada)
What are the requirements of procedural fairness in the context of club disciplinary proceedings? (British Columbia, Canada)
What is the test for a general release under which a plaintiff agrees to reduce support in exchange for receiving the proceeds of the sale of a house sale proceeds? (British Columbia, Canada)
Under Rule 30(1) of the Rules of Court, can an independent medical examination be ordered for the purposes of determining whether an individual is fit for purpose? (British Columbia, Canada)
