What is the legal test for professional misconduct in the Law Society of BC?
British Columbia, Canada
The following excerpt is from Chan (Re), 2008 LSBC 30 (CanLII):
While perfection is no doubt a standard to be aspired to, we do not think it can reasonably be said that the Law Society ordinarily expects its members to be perfect. It follows that merely to fall short of perfection cannot sensibly be considered to meet the test of professional misconduct. Something more is required, whether it be described, as it was in Law Society of BC v. Martin, (supra) at paragraph [154], as conduct manifesting “culpability which is grounded in a fundamental degree of fault, that is whether it displays gross culpable neglect of his duties as a lawyer” or in some other way.
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