LEGAL PRACTICE COUNCIL: PROPOSED AMENDMENT TO MISCONDUCT ADJUDICATION RULE

The Legal Practice Council has gazetted proposed changes to its rule on the procedures to the followed when investigating allegations of misconduct – with a request for input by 16 September 2024. This is noting that:

  • where there is prima facie evidence of misconduct, the council’s investigating committee is required to refer the complaint concerned to a disciplinary committee for adjudication, and that
  • as things now stand, the rule makes no distinction between minor and serious offences.

Where there is prima facie evidence of a ‘minor transgression’, the draft amendment seeks to empower the investigating committee itself to deal the matter by way of a caution, warning or fine.

Published by SA Legal Academy Policy Watch

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