Page 4259 - Week 13 - Thursday, 25 November 1993

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TURNING NOW TO THE SUBSTANCE OF THE PRESENT AMENDMENTS, THE FIRST SIGNIFICANT REFORM IS TO PROVIDE A STATUTORY CONCILIATION MECHANISM FOR HANDLING COMPLAINTS ABOUT SOLICITORS. WHEN THE LAW SOCIETY PROPOSED THIS, IT SAID THAT ABOUT A QUARTER OF THE COMPLAINTS IT RECEIVED WERE RESOLVED INFORMALLY. THE SOCIETY BELIEVES THAT RATE COULD BE HIGHER IF APPROPRIATE COMPLAINTS COULD BE REFERRED TO A COMPULSORY, PRIVATE, CONCILIATION CONFERENCE. CLAUSE 14 OF THE BILL PROVIDES SUCH A MECHANISM. IT WILL APPLY TO COMPLAINTS ABOUT SOLICITORS AND ABOUT EMPLOYEES OF SOLICITORS. WHERE A CONCILIATION CONFERENCE IS CONVENED INTO MATTERS INVOLVING AN EMPLOYEE THEN THE EMPLOYING SOLICITOR WILL ALSO BE INVOLVED, SINCE THE EMPLOYER IS RESPONSIBLE TO THE CLIENT, AND POSSIBLY OTHERS, FOR THE WORK OF THE EMPLOYEE.

THE DISCIPLINARY BODY OF THE LAW SOCIETY IS

PRESENTLY CALLED THE "DISCIPLINARY COMMITTEE". THE

BILL RENAMES IT THE "PROFESSIONAL CONDUCT BOARD".

MORE SIGNIFICANTLY, THE BILL PROVIDES A CLEAR

STATEMENT OF THE TYPES OF PROFESSIONAL BEHAVIOUR

WHICH MAY BE REFERRED TO THE BOARD. THAT

OVERCOMES A PROBLEM IN THE PRESENT LEGISLATION,

WHICH EFFECTIVELY ALLOWS DISCIPLINARY ACTION TO BE

TAKEN ONLY IN CASES WHICH THE COMMON LAW WOULD

DEFINE AS "PROFESSIONAL MISCONDUCT". THE BILL

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