What is the law society’s sentencing process for a lawyer who has been found guilty of a breach of the Law Society of BC's code of conduct?
British Columbia, Canada
The following excerpt is from Geller (Re), 2017 CanLII 149972 (BC LS):
The leading case, Law Society of BC v. Ogilvie, 1999 LSBC 17, [1999] LSDD No. 45, sets out the principles and factors to be considered when deciding a fair and reasonable penalty. In Ogilvie, the panel acknowledged the similarities between the disciplinary and the criminal sentencing processes. The panel considered the sentencing principles including the need for specific deterrence, general deterrence, rehabilitation and punishment or denunciation. The panel considered the disciplinary process, including the principle of maintaining the public’s confidence in the Law Society’s regulation of lawyers’ conduct.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there a new trial for the defence in the case of a man who was found not guilty of assault but found guilty of the charge on self-defence? (British Columbia, Canada)
What are the factors used by the Law Society of BC to determine a penalty for a lawyer who has been found guilty of misconduct in a civil case? (British Columbia, Canada)
What factors will the Law Society of BC consider when determining the appropriate disciplinary action against a lawyer who has been found guilty of misconduct? (British Columbia, Canada)
How has the law society of BC dealt with allegations of neglect, misconduct and breach of the Rules of conduct in the real estate practice of a junior lawyer? (British Columbia, Canada)
Can a lawyer be found guilty of professional misconduct for not doing enough to advance a client’s action for more than three years? (British Columbia, Canada)
What is the standard of conduct for a lawyer who has lied to the Law Society of BC? (British Columbia, Canada)
In what circumstances will a realtor be found guilty of negligence in relation to an allegation that the realtor or the selling realtor failed to conduct a proper and proper investigation before the sale of the property? (British Columbia, Canada)
Can a lawyer be found guilty of professional misconduct for failing to disclose that he no longer holds funds in trust for his clients? (British Columbia, Canada)
Can a lawyer be found guilty of professional misconduct for placing funds with a mortgage brokerage company when he knew that the registration of the company was under suspension? (British Columbia, Canada)
Is there any case law where a plaintiff’s claim against a former trustee in bankruptcy for negligence and breach of fiduciary duty is found to be an abuse of process? (British Columbia, Canada)
