LEGAL PROFESSION ACT 1987 - SECT 127 Professional misconduct and unsatisfactory professional conduct

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 127

127 Professional misconduct and unsatisfactory professional conduct

(1) For the purposes of this Part, "professional misconduct" includes:

(a) unsatisfactory professional conduct, where the conduct is such that it involves a substantial or consistent failure to reach reasonable standards of competence and diligence, or

(b) conduct (whether consisting of an act or omission) occurring otherwise than in connection with the practice of law which, if established, would justify a finding that a legal practitioner is not of good fame and character or is not a fit and proper person to remain on the roll of legal practitioners, or

(c) conduct that is declared to be professional misconduct by any provision of this Act, or

(d) a contravention of a provision of this Act or the regulations, being a contravention that is declared by the regulations to be professional misconduct.

(2) For the purposes of this Part:

"unsatisfactory professional conduct" includes conduct (whether consisting of an act or omission) occurring in connection with the practice of 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 legal practitioner.

(3) Maintenance or champerty by a legal practitioner (except in connection with a conditional costs agreement under Part 11) may constitute professional misconduct despite the Maintenance and Champerty Abolition Act 1993 .

(4) For the avoidance of doubt, conduct:

(a) involving an act or acts of bankruptcy, or

(b) that gave rise to a finding of guilt of the commission of an indictable offence or a tax offence,

whether occurring before, on or after the commencement of this subsection, is professional misconduct if the conduct would justify a finding that the legal practitioner is not of good fame and character or is not a fit and proper person to remain on the roll of legal practitioners.