What is professional misconduct in law and law?
British Columbia, Canada
The following excerpt is from Aleksejev (Re), 2019 LSBC 34 (CanLII):
Professional misconduct is established where there is a fundamental degree of fault amounting to a “marked departure” from the conduct that is expected of the profession: Law Society of BC v. Martin, 2005 LSBC 16. In determining whether conduct constitutes professional misconduct, there are a number of relevant considerations including the gravity of the misconduct, its duration, whether there is a pattern of behaviour or the conduct was a solitary incident, the presence or absence of bad faith and any harm caused by the misconduct.
"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 current professional misconduct test for professional misconduct? (British Columbia, Canada)
What is the difference between a breach of the Professional Conduct Rules and professional misconduct? (British Columbia, Canada)
What is the effect of a finding of no misconduct in a professional conduct review panel finding no misconduct? (British Columbia, Canada)
What is the test for professional misconduct under the BC Professional Conduct Guidelines? (British Columbia, Canada)
In what circumstances has the Law Society of BC suspended or ordered the respondent to pay costs for professional misconduct? (British Columbia, Canada)
Can a medical professional be held liable for errors of clinical judgment that distinguishable from professional fault? (British Columbia, Canada)
What is Nejat's professional misconduct? (British Columbia, Canada)
Is dishonesty a professional misconduct offence? (British Columbia, Canada)
In what circumstances will the Law Society of BC accept a conditional admission of professional misconduct in circumstances where a lawyer commenced an intimate personal relationship with a man? (British Columbia, Canada)
Can a lawyer be found guilty of professional misconduct for failing to disclose that he no longer holds funds in trust for his clients? (British Columbia, Canada)
