Discipline

Einfeld J speeding matter
Bar Assoc v Einfeld

Provide for discipline of legal profession

promote and enforce the professional standars, competence and honesty

provide means for redress for complaints about lawyers

protect the public from unlawful operators

Unsatisfactory professional conduct

Professional misconduct

  • Anything done by the practitioner in the pursuit of his profession which would reasonably be regarded as disgraceful or dishonourable by his professional brethren of good repute and competency. Unprofessional conduct is not limited to conduct which is 'disgraceful or dishonourable' in the ordinary sense of those terms. It includes, we think, conduct which may reasonably be held to violate or fall short of, to a substantial degree. the standards of professional conduct observed or approved by members of the profession of good repute and competency.
  • Re A Practitioner of the Supreme Court (1927) SASR 58, 60

unsatisfactory professional conduct involving substantial or consistent failure to reach or keep a reasonable standard

  • When conduct falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent Australian legal practitioner.
  • LPA s 418

conduct of the practitioner, involved with practice OR OTHERWISE, that would find the practitioner to be not a fit and proper person.

Mitigating factors

  • No priors
  • community and professional reputation
  • cooperation with disciplinary authorities
  • willingness to accept misconduct was committed
  • demeanour of the practitioner through proceedings
    mental illness or substance abuse connected to the misconduct

See Kirby J in matters to consider for reinstatement to the roll (Study guide)

Inquiry received

Complaint received by Legal Services Commissioner

Matter resolved informally and/or advice given: no further action

Assess complaint

Consumer dispute

Conduct complaint

Summary dismissal

Refer dispute for mediation

Refer matter for investigation

LSC inititiates own motion investigation

LSC attempts mediation

Take no further action

LSC conducts investigation

QLS or BAQ conducts investigation

QLS or BAQ make recommendation

QLS or BAQ return matter to LSC

LSC decides what further action, if any, to take on the matter

Dismiss complaint

Initiate prosecution

LSC files discipline application

...in the Legal Practice Committee

in QCAT

Decisions and orders

Decisions and Orders

Appeal in QCAT

Close file

Appeal decisions in Court of Appeal

Close file