Page 4268 - Week 13 - Thursday, 25 November 1993

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_15_

AWARENESS OF THE ETHICAL RESPONSIBILITIES OF LAWYERS AND OF THE COMPLAINTS HANDLING AND DISCIPLINARY ARRANGEMENTS.

ALTHOUGH THE AMENDMENTS INCLUDED IN THE PRESENT BILL WILL GREATLY IMPROVE THE SITUATION HERE, THERE IS STILL SOME WAY TO GO TO CREATE IN THE ACT A SYSTEM WHICH MEETS THE RECOMMENDATIONS OF THE TRADE PRACTICES COMMISSION. THE AMENDMENTS WILL OVERCOME ONE PROBLEM WHICH WAS DISCUSSED IN THE COMMISSIONS REPORT - THAT IS, THAT THE LEGISLATION AS IT PRESENTLY STANDS DOES NOT ENABLE DISCIPLINARY ACTION TO BE TAKEN AGAINST SOLICITORS WHO ARE ACCUSED OF NEGLECT OR DELAY. THE NEW DISCIPLINARY OFFENCE OF UNSATISFACTORY PROFESSIONAL CONDUCT WILL CORRECT THAT PROBLEM.

I INTEND TO EXAMINE THE ISSUE OF FURTHER REFORMS IN THIS AREA TO MEET THE COMMISSIONS STANDARDS -RECOGNISING, OF COURSE, THAT WHAT HAS BEEN PROPOSED IN THE DRAFT REPORT MAY CHANGE IN THE FINAL DOCUMENT. SOME ASPECTS OF THE ACT COMPLAINTS AND DISCIPLINE SYSTEM WHICH STILL SEEM TO NEED REFORM INCLUDE PROVIDING A STATUTORY BASIS FOR THE WAY COMPLAINTS ARE HANDLED PRIOR TO A DECISION BY THE COUNCIL OF THE LAW SOCIETY TO INITIATE PROCEEDINGS BEFORE THE BOARD OR THE SUPREME COURT, AND PROVIDING FOR LAY INVOLVEMENT IN, AND INDEPENDENT REVIEW OF, THAT PROCESS.

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