Page 4261 - Week 13 - Thursday, 25 November 1993

Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .

---

_g_

REQUIRING THE SOLICITOR TO CEASE TO ACCEPT CERTAIN TYPES OF WORK AND TO UNDERTAKE FURTHER LEGAL EDUCATION. THE POWER TO REPRIMAND A SOLICITOR WILL CONTINUE.

THE BOARD WILL HAVE A FURTHER RANGE OF POWERS WHICH ARE INTENDED TO BE REMEDIAL RATHER THAN PUNITIVE, AND WHICH WILL BE PARTICULARLY USEFUL IN CASES OF UNSATISFACTORY PROFESSIONAL CONDUCT. THOSE POWERS INCLUDE, FOR INSTANCE, THE CAPACITY TO DIRECT THAT THE SOLICITOR WAIVE OR REFUND FEES. OR PAY COMPENSATION.

WHEN THE BOARD ENQUIRES INTO THE CONDUCT OF A PERSON WHO IS EMPLOYED BY A SOLICITOR, AND FINDS THAT PERSON GUILTY OF UNSATISFACTORY EMPLOYMENT CONDUCT, THE BOARD WILL BE ABLE TO REPRIMAND THE EMPLOYING SOLICITOR AND TO DIRECT THE SOLICITOR TO TAKE THE SAME REMEDIAL-TYPE ACTION AS IF THE SOLICITOR HAD BEEN AT FAULT. IN ADDITION, THE PRESENT CAPACITY TO ORDER THAT NO OTHER SOLICITOR EMPLOY THE PERSON WILL CONTINUE.

UNDER THE ACT AS IT PRESENTLY STANDS, THE

DISCIPLINARY COMMITTEE MAY REFER CASES OF SERIOUS

MISCONDUCT TO THE SUPREME COURT. THE COURT CAN

IMPOSE MORE SEVERE PENALTIES THAN THE COMMITTEE -

PENALTIES MORE APPROPRIATE IN CASES OF SERIOUS

MISCONDUCT. THAT SYSTEM WILL CONTINUE. HOWEVER

,

---

Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .