What is the legal test for a lawyer who has been found guilty of gross misconduct in a civil case?
British Columbia, Canada
The following excerpt is from Hittrich (Re), 2021 LSBC 16 (CanLII):
As stated by the review board in Law Society of BC v. Nguyen, 2016 LSBC 21 at para. 36: Still, the disciplinary action chosen, whether a single option from s. 38(5) or a combination of more than one of the options listed, must fulfill the two main purposes of the discipline process. The first and overriding purpose is to ensure the public is protected from acts of professional misconduct, and to maintain public confidence in the legal profession generally. The second purpose is to promote the rehabilitation of the respondent lawyer. If there is conflict between these two purposes, the protection of the public and the maintenance of public confidence in the profession must prevail, but in many instances the same disciplinary action will further both purposes.
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