What is the law society of BC's discipline process?

The purpose of the discipline process is not to punish or exact retribution. Rather, it is to discharge the Law Society’s statutory obligation as set out in s. 3 of the Legal Profession Act (the “Act”) to protect the public interest in the administration of justice: Law Society of BC v. Hill, 2011 LSBC 16.

The leading case in dealing with the principles to be upheld in applying sanctions is Law Society of BC v. Ogilvie, 1999 LSBC 17, [1999] LSDD No. 45. The panel in that case set out a list of factors to be considered in imposing sanctions. The list is neither exhaustive, nor are all the factors applicable in each case. The factors in Ogilvie are set out in paragraph 10: (a) the nature and gravity of the conduct proven; (b) the age and experience of the respondent; (c) the previous character of the respondent, including details of prior discipline; (d) the impact upon the victim; (e) the advantage gained, or to be gained, by the respondent; (f) the number of times the offending conduct occurred; (g) whether the respondent has acknowledged the misconduct and taken steps to disclose and redress the wrong and the presence or absence of other mitigating circumstances; (h) the possibility of remediating or rehabilitating the respondent; (i) the impact on the respondent of criminal or other sanctions or penalties; (j) the impact of the proposed penalty on the respondent; (k) the need for specific and general deterrence; (l) the need to ensure the public's confidence in the integrity of the profession; and (m) the range of penalties imposed in similar cases.