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LEGAL PRACTITIONERS (AMENDMENT) ACT 1993 (NO. 94 OF 1993) - SECT 11

Insertion

11. Before Division 1 of Part V of the Principal Act the following Division is inserted:

“ Division 1A—Preliminary

Interpretation

“24. In this Part—

‘conference' means a conference convened under section 28A;
‘employee', in relation to a solicitor, means an employee or former employee (not himself or herself a solicitor) of that solicitor;
‘inquiry' means an inquiry under Division 2;
‘interested party', in relation to a conference or inquiry, means—

        (a)     the solicitor or employee whose conduct is the subject of the conference or inquiry;

        (b)     if the conduct is that of an employee—the solicitor who employs or employed the employee;

        (c)     any person who was a client of the solicitor referred to in paragraph (a) or (b) in the matter in relation to which the conduct occurred; and

        (d)     if the person who brought the conduct, or any aspect of it, to the attention of the Law Society is not a client referred to in paragraph (c)—that person;

‘professional misconduct' includes—

        (a)     unsatisfactory professional conduct of a substantial, recurring or continuing nature;

        (b)     conduct (whether consisting of an act or omission) occurring otherwise than in connection with the practice of law that would justify a finding that its perpetrator is not of good fame and character or is not a fit and proper person to remain on the Roll of Barristers and Solicitors; and

        (c)     conduct that is professional misconduct by virtue of section 69E;

‘solicitor' means a barrister and solicitor who—

        (a)     is a member of the Law Society and was not, at the relevant time, practising solely as a barrister; or

        (b)     holds or, at the relevant time, held a practising certificate;

‘unsatisfactory employment conduct', in relation to an employee of a solicitor, means being a party to, or causing, an act or omission in relation to the solicitor's practice (whether with or without the connivance of the solicitor), being an act or omission in respect of which a complaint under section 29 has been, or could be, made against the solicitor;
‘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 client is entitled to expect of a reasonably competent legal practitioner.”.


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