What is the effect of a finding of no misconduct in a professional conduct review panel finding no misconduct?

British Columbia, Canada


The following excerpt is from Golden (Re), 2019 LSBC 15 (CanLII):

The comments of both the review panel, which reversed a finding of no misconduct, and the hearing panel on disciplinary action, in Law Society of BC v. Coglon, 2002 LSBC 21 and 2006 LSBC 14, respectively, and are also fitting. As the hearing panel stated at para. 20: A lawyer who places himself or herself in a position of conflict can never be sure in advance whether actions taken in this context will result in damage. The conflict avoidance provisions … are not simply remedial: they are preventative for the simple reason that the only safe way to deal with conflicts is to avoid them altogether. A lawyer must not be allowed to gauge the seriousness of a conflict with reference solely to the harm it may cause. Such would turn the avoidance of conflict into a game of probability in which lawyers play the odds, weighing potential benefits and liabilities in each conflict as it arises.

Other Questions


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 professional misconduct by the Law Society of BC for failing to file a trust report? (British Columbia, Canada)
What is the current professional misconduct test for professional misconduct? (British Columbia, Canada)
What is the test for professional misconduct under the BC Professional Conduct Guidelines? (British Columbia, Canada)
What is the test for judicial review of the findings of the Disability Review Officer's findings of fact, law or mixed fact and law? (British Columbia, Canada)
Is misleading statements a professional misconduct panel considered? (British Columbia, Canada)
What are the factors used to determine a finding of professional misconduct? (British Columbia, Canada)
What is the appropriate approach to sanction in circumstances of multiple findings of professional misconduct? (British Columbia, Canada)
What is the penalty for gross misconduct in a professional conduct case? (British Columbia, Canada)
What is the appropriate penalty for misconduct in a professional conduct case? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.