Action which the investigating entity has taken prior to giving notice to the respondent; The respondent practitioner must also be given an opportunity to make submissions and be given a reasonable time in which to do so. Notice need not be given until the investigating entity has had time to consider the complaint and to seek further details/conduct preliminary enquiries. response to notice Practitioner’s The investigating entity may require that the practitioner give a full explanation of the matter complained about, attend a hearing or produce relevant documents (s 443 LPA). A practitioner may refuse to comply with such requirements on the grounds that it would breach the requirement of an indemnity insurance policy or that an explanation would incriminate the practitioner. But if neither of these grounds apply, the practitioner may be fined for refusing to comply. The standards of conduct reflect the interest: of the client; in ensuring the effective administration of the judicial system; and of the community in ensuring a legal profession of integrity. The court aims to ensure compliance with the values upheld by the legal profession candour, – justice and competency rather than apply a detailed set of rules. However, the LPA does provide guidance as to what conduct constitutes UPC or PM. When the LSC receives a complaint about a legal practitioner that is not a consumer complaint, it must decide whether the conduct amounts to UPC or the higher threshold of PM Absence of a conviction does not mean no disciplinary action will be taken: Re Sawley Unsatisfactory professional conduct (UPC) Defined non-exhaustively in the s 418 LPA as includding: Conduct of practitioner happening in connection practising law that falls short of the a… standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent practitioner… The conduct complained of must connection with the practice of happen “in law” Standard is that of a member of the public Competence = the ability to do something successfully or efficiently; scope of person’s knowledge or ability; Diligence = careful and persistent work or effort Conduct likely to be UPC includes: Negligence with no dishonest intent (Re R and Re A); Acting for both sides in a transaction (Re A Barrister); Misappropriating money (Smith); Supplying dangerous drugs (Darveniza); Misleading conduct (Clough); Inadequate control of trust money (Priddle); Lack of diligence (Ferguson);
Action which the investigating entity has taken prior to giving notice to the respondent; The respondent practitioner must also be given an opportunity to make submissions and be given a reasonable time in which to do so. Notice need not be given until the investigating entity has had time to consider the complaint and to seek further details/conduct preliminary enquiries. Practitioner’s response to notice The investigating entity may require that the practitioner give a full explanation of the matter complained about, attend a hearing or produce relevant documents (s 443 LPA). A practitioner may refuse to comply with such requirements on the grounds that it would breach the requirement of an indemnity insurance policy or that an explanation would incriminate the practitioner. But if neither of these grounds apply, the practitioner may be fined for refusing to comply. The standards of conduct reflect the interest: of the client; in ensuring the effective administration of the judicial system; and of the community in ensuring a legal profession of integrity. The court aims to ensure compliance with the values upheld by the legal profession – candour, justice and competency rather than apply a detailed set of rules. However, the LPA does provide guidance as to what conduct constitutes UPC or PM. When the LSC receives a complaint about a legal practitioner that is not a consumer complaint, it must decide whether the conduct amounts to UPC or the higher threshold of PM Absence of a conviction does not mean no disciplinary action will be taken: Re Sawley Unsatisfactory professional conduct (UPC) Defined non-exhaustively in the s 418 LPA as includding: Conduct of a… practitioner happening in connection practising law that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent practitioner… The conduct complained of must happen “in connection with the practice of law” Standard is that of a member of the public Competence = the ability to do something successfully or efficiently; scope of person’s knowledge or ability; Diligence = careful and persistent work or effort Conduct likely to be UPC includes: Negligence with no dishonest intent (Re R and Re A); Acting for both sides in a transaction (Re A Barrister); Misappropriating money (Smith); Supplying dangerous drugs (Darveniza); Misleading conduct (Clough); Inadequate control of trust money (Priddle); Lack of diligence (Ferguson);