Legal Services Commission Discipline Application Guidelines
These guidelines describe how the Commissioner will exercise this discretion. You: The law allows the LSC to make disciplinary requests to one of two disciplinary bodies – the Queensland Civil and Administrative Tribunal (QCAT) for more serious cases and the Legal Practice Committee (LPC) for less serious cases. The Uniform Law Regime promotes an efficient and effective Australian legal profession and provides a harmonious regulatory environment for legal services in participating jurisdictions (Victoria, New South Wales and now Western Australia). Information and fact sheets from our website can be found here. The Commissioner of Legal Services does not consider that the public interest requires that a disciplinary application be made when the reasonable likelihood test is met. Therefore, the reasonable likelihood test requires that the member not file a disciplinary application unless there is reliable evidence to conclude, after weighing the probability, that a lawyer`s conduct constitutes unsatisfactory professional conduct or professional misconduct (or that a lawyer`s conduct constitutes misconduct). Some of these considerations (such as the need to send a message) tend to argue in favour of disciplinary enforcement. Others (for example, admitting the defendant`s error or agreeing to take legal training or change their work practices or systems) tend to argue in favour of dismissing the complaint or investigation issue in the public interest. As a general rule, the more serious the alleged professional conduct or unsatisfactory professional conduct, the less likely it is that the Commissioner will exercise his or her discretion to dismiss a complaint or investigation in the public interest.
Accordingly, and in the public interest, the Commissioner will actively consider being lenient towards legal practitioners and law firms that: Of the complaints sent to the practitioner for response and explanation, only a small proportion of complaints are subject to formal disciplinary proceedings under the TAQC. While disciplinary proceedings initiated by the Commissioner of Legal Services are heard by the TAQC, these proceedings are conducted and decided by the judges of the Supreme Court sitting in their capacity as members of the TAQC or as Chair of the TAQC. While proceedings are filed in the QCAT register, hearings, motions and decisions are usually held in the Supreme Court building in Brisbane on a separate list of legal practitioners. QCAT may instruct the Admissions Committee regarding the suitability of a lawyer. Only the admissions committee can request an instruction from QCAT. Common examples of allegations faced by legal practitioners include: The LSC publishes disciplinary guidelines that set out the issues that the Commissioner must consider before making a decision on prosecutions. If a professional misconduct has occurred, it is often important for the lawyer to be insightful and establish a plan of action that ensures that the mistake is not repeated. A lawyer`s failure to cooperate with the Commission in an investigation may in itself constitute professional misconduct. For example, section 443 (1) of the Legal Profession Act 2007 (Qld) requires a lawyer to provide a full written or personal statement upon request. If the lawyer does not cooperate, a notification may be issued in accordance with Article 443(3) that the cooperation must take place within 14 days. If this notice is ignored, the LSC may initiate disciplinary proceedings for professional misconduct if the lawyer has not responded to the notice under subsection 443(3).
That is, you can be sanctioned if you do not respond to a message, regardless of the good apologies you had for the behavior initially reported. The Act gives the Commissioner considerable discretion in exercising this power. It states: “may initiate proceedings before a disciplinary authority” (make a disciplinary request) in relation to a complaint or matter of investigation that has been or is still under investigation “as the Commissioner considers appropriate” Practicing lawyers include all persons holding a recent local articling certificate or a recent lawyer`s certificate. For legal practitioners, QCAT decides questions relating to: The Commissioner of Legal Services notes that the concept of unsatisfactory professional conduct (and thus the concept of professional misconduct) introduces a new standard to regulate the legal profession in Queensland – a lawyer`s conduct should no longer be judged solely on the basis of the standard, “Reputable members of the profession” may expect what their colleagues expect, but even when it comes to the standard, “a member of the public” can expect. The State Bar offers ethics resources for lawyers seeking specific guidelines and an ethics helpline for lawyers facing an ethical dilemma. The Commissioner exercises the public interest discretion to make a disciplinary request or otherwise review: A lawyer`s mental health and general health at the time of conduct may also be relevant in determining whether the Commissioner has decided to prosecute. A number of other factors are addressed in disciplinary guidelines and may be relevant to a lawyer`s situation. If a practitioner proposes a voluntary outcome beyond the likely sanction that would be imposed in the QCAT, the Commissioner may determine that it is not in the public interest to prosecute because the prosecution is not necessary to protect the public. If you are informed of these options from the beginning, it will be easier to find the right approach, which is more likely to lead to a decision not to proceed. Drug abuse is a serious problem for the legal profession.
Lawyers can enroll in a confidential assessment through the State Bar Association`s Counsel Assistance Program. Lawyers may also be invited to participate in the Lawyer Assistance Program following a disciplinary case. Learn more about IOLTA accounts and instructions for opening and managing them. We also have policies for banks and other financial institutions.
