LEGAL PROFESSION

New Zealand Herald, Volume LXXII, Issue 22300, 24 December 1935, Page 14

LEGAL PROFESSION

DISCIPLINING MEMBERS POWERS OF NEW COMMITTEE The appointment of a disciplinary committee by the New Zealand Law Society to deal with cases of professional misconduct among its members is welcomed by the profession generally, as it will eliminate the cumbersome procedure involved in placing a case respecting a practitioner's misconduct before the Court of Appeal, states the Wellington Post. Although the committee will take over the disciplinary powers previously exercised by the Court of Appeal the interests of the public will be properly safeguarded. Under the old system the only way to deal with a practitioner was to bring him before the Court of Appeal. As a result, it might be that some practitioners have had to answer in the Court of Appeal charges which merited censure alone, but the same formalities had to be gone through, however trivial the misconduct. The chief function of the disciplinary committee will be to deal with applications to strike the names of barristers or solicitors off the role. The committee will also have power to inquire into any charge of professional misconduct made against a barrister or a solicitor by the New Zealand Law Society or by any district law society. If, after making such inquiry, the committee is of opinion that the practitioner in question has been guilty of professional misconduct, it may, if it thinks fit, recommend to the New Zealand Law Society that an application bo made that he bo struck off the roll of barristers or solicitors, in which case such an application shall forthwith be made; or order his suspension from practice for any period not exceeding three years; order him to pay a penalty not exceeding £'loo to the society; censure him; order him to pay any costs or expenses incidental to the inquiry. The grounds on which the disciplinary committee may make an order of striking off or suspension are limited to three: —(a) Conviction of a crime involving dishonesty as defined by section 2.'37 of the Crimes Act, 1908; (b) such professional misconduct that he is not fit to practise as a barrister or solicitor; (c) such grave impropriety or infamous conduct that he is not a fit person to practise as a, barrister or solicitor.