What is the law society of BC's duty to uphold and protect the public interest in the administration of justice?

British Columbia, Canada


The following excerpt is from Bronstein (Re), 2021 LSBC 19 (CanLII):

Determining the appropriate disciplinary action in any given case must be guided by s. 3 of the Act (Law Society of BC v. Lessing, 2013 LSBC 29, at para. 54), which provides as follows: It is the object and duty of the society to uphold and protect the public interest in the administration of justice by (a) preserving and protecting the rights and freedoms of all persons, (b) ensuring the independence, integrity, honour and competence of lawyers, (c) establishing standards and programs for the education, professional responsibility and competence of lawyers and of applicants for call and admission, (d) regulating the practice of law, and (e) supporting and assisting lawyers, articled students and lawyers of other jurisdictions who are permitted to practise law in British Columbia in fulfilling their duties in the practice of law.

As noted by the review board in Law Society of BC v. Nguyen, 2016 LSBC 21, at para. 36 (citations omitted), the disciplinary action imposed 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 public confidence in the profession must prevail, but in many instances the same disciplinary action will further both purposes.

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