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