Lawyers and Conveyancers Act 2006

7 Misconduct defined in relation to lawyer and incorporated law firm

(1)

In this Act, misconduct, in relation to a lawyer or an incorporated law firm,—

(a)

means conduct of the lawyer or incorporated law firm that occurs at a time when he or she or it is providing regulated services and is conduct—

(i)

that would reasonably be regarded by lawyers of good standing as disgraceful or dishonourable; or

(ii)

that consists of a wilful or reckless contravention of any provision of this Act or of any regulations or practice rules made under this Act that apply to the lawyer or incorporated law firm or of any other Act relating to the provision of regulated services; or

(iii)

that consists of a wilful or reckless failure on the part of the lawyer, or, in the case of an incorporated law firm, on the part of a lawyer who is actively involved in the provision by the incorporated law firm of regulated services, to comply with a condition or restriction to which a practising certificate held by the lawyer, or the lawyer so actively involved, is subject; or

(iv)

that consists of the charging of grossly excessive costs for legal work carried out by the lawyer or incorporated law firm; and

(b)

includes—

(i)

conduct of the lawyer or incorporated law firm that is misconduct under subsection (2) or subsection (3); and

(ii)

conduct of the lawyer or incorporated law firm which is unconnected with the provision of regulated services by the lawyer or incorporated law firm but which would justify a finding that the lawyer or incorporated law firm is not a fit and proper person or is otherwise unsuited to engage in practice as a lawyer or an incorporated law firm.

(2)

A lawyer or an incorporated law firm is guilty of misconduct if, at a time when he or she or it is providing regulated services, and without the consent of the High Court or of the Disciplinary Tribunal, the lawyer or incorporated law firm knowingly employs, or permits to act as a clerk or otherwise, in relation to the provision of regulated services, any person who, to the knowledge of the lawyer or incorporated law firm,—

(a)

is under suspension from practice as a barrister or as a solicitor or as a conveyancing practitioner; or

(b)

has had his or her name struck off the roll of barristers and solicitors of the High Court; or

(c)

has had his or her registration as a conveyancing practitioner cancelled by an order made under this Act; or

(d)

is disqualified, by an order made under section 242(1)(h), from employment in connection with a practitioner’s or incorporated firm’s practice.

(3)

A person is guilty of misconduct if that person, being a lawyer or an incorporated law firm, shares, with any person other than another lawyer or incorporated law firm, the income from any business involving the provision of regulated services to the public.

(4)

Despite subsection (3), a lawyer or an incorporated law firm is not guilty of misconduct under that subsection by reason only of sharing with a patent attorney (in the circumstances, and in accordance with any conditions, prescribed by the practice rules) the income from any business involving the provision of regulated services to the public.

(5)

Despite subsection (3), neither an incorporated law firm nor a lawyer who is actively involved in the provision by an incorporated law firm of regulated services is guilty of misconduct under that subsection by reason only of the incorporated law firm making a distribution to shareholders of that firm.