What is the test for professional misconduct?
British Columbia, Canada
The following excerpt is from Hart (Re), 2021 LSBC 49 (CanLII):
The test for professional misconduct is objective. The panel must consider the appropriate conduct expected of a lawyer and then determine if the facts as proven are markedly below that standard (Law Society of BC v. Kim, 2019 LSBC 43 at para. 45).
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