Page 4256 - Week 13 - Thursday, 25 November 1993

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SECONDLY, THE DISCIPLINARY SYSTEM SHOULD BE EXTENDED TO COVER "UNSATISFACTORY PROFESSIONAL WORK" - INCLUDING NEGLECT, INCOMPETENCE OR DELAY ON THE PART OF A SOLICITOR - WHICH MAY FALL SHORT OF "PROFESSIONAL MISCONDUCT" AS DEFINED BY THE COURTS.

AND THIRDLY, THE NEED FOR THE DISCIPLINARY PROCESS TO INCLUDE THE CAPACITY TO MAKE REMEDIAL ORDERS TO RESOLVE THE COMPLAINANTS IMMEDIATE DIFFICULTY, TO RECTIFY THE HARM SUFFERED AND TO IMPROVE THE PERFORMANCE OF SOLICITORS.

THOSE ARE WORTHY PRINCIPLES, AND I COMMEND THE LAW SOCIETY FOR ADOPTING THEM. THE BILL IS MAINLY DIRECTED TO THE SECOND AND THIRD PRINCIPLES. WHETHER THE AMENDMENTS ACHIEVE THE AIMS OF THE FIRST PRINCIPLE - THAT IS, THAT THE DISCIPLINARY PROCESS IS RESPONSIVE, EFFICIENT, OPEN TO PUBLIC SCRUTINY AND WELL PUBLICISED - WILL BE A MATTER FOR FUTURE ASSESSMENT.

THE 1984 REVIEW PRODUCED A NUMBER OF SPECIFIC RECOMMENDATIONS FOR REFORM. THE LAW SOCIETY TOOK THOSE RECOMMENDATIONS TO THE COMMONWEALTH ATTORNEY-GENERALS DEPARTMENT, WITH A VIEW TO HAVING THEM TRANSLATED INTO AMENDMENTS TO THE LEGAL PRACTITIONERS

ACT.

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