What is the legal test for professional misconduct?
British Columbia, Canada
The following excerpt is from Tak (Re), 2014 LSBC 27 (CanLII):
In Law Society of BC v. Lyons (supra), the panel set out a test to determine whether a particular set of facts constitutes professional misconduct or alternatively a breach of the Act or the Rules. Under that test the panel must weigh a number of factors including the gravity of the misconduct, its duration, the number of breaches, the presence or absence of mala fides and the harm caused by the respondent’s conduct.
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