What is the test for professional misconduct by the Law Society of BC?
British Columbia, Canada
The following excerpt is from Sager (Re), 2019 LSBC 22 (CanLII):
The onus is on the Law Society to prove professional misconduct on a balance of probabilities. The evidence “must be scrutinized with care” and “must always be sufficiently clear, convincing and cogent to satisfy the balance of probabilities test” (Law Society of BC v. Schauble, 2009 LSBC 11, at para. 43).
"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 are the considerations used by the Law Society of BC to determine the severity of professional misconduct? (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)
What are the factors used by the Law Society of BC to determine whether a professional misconduct claim against a lawyer who delayed taking substantive steps to advance his client's action for over four years? (British Columbia, Canada)
How has the law society of BC dealt with professional misconduct claims against a lawyer who incurred debts to another lawyer? (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)
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 effect of a finding of professional misconduct by the Law Society of BC for failing to file a trust report? (British Columbia, Canada)
In what circumstances have the Law Society of BC found a lawyer to have committed professional misconduct in 14 different instances? (British Columbia, Canada)
In what circumstances have the Law Society of BC found that the respondent committed professional misconduct in relation to withdrawals from her trust account? (British Columbia, Canada)
