What is the test for finding professional misconduct?
British Columbia, Canada
The following excerpt is from Lawyer 10 (Re), 2010 LSBC 2 (CanLII):
The Hearing Panel found professional misconduct. They relied on the marked departure test set out in Law Society of BC v. Martin, 2005 LSBC 16, [2005] L.S.D.D. No. 118. The key paragraphs of the Hearing Panel’s decision on professional misconduct are set out in paragraphs [50] to [53] as follows:
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