At their April meeting, the Benchers approved changes, as described below, to the following Law Society Rules.
Rule 4-13: Rescission of citation
The Discipline Committee’s authority to substitute another decision it is entitled to make under Rule 4-4(1) when it rescinds a citation has been clarified. The Rule now states:
4-13(2) At any time before a panel makes a determination under Rule 4-35, the Discipline Committee may rescind a citation and substitute another decision under Rule 4-4(1).
Rule 4-35: Penalty
Rule 4-35 was silent on orders, declarations and conditions under s. 38(7) of the Legal Profession Act, which involves discipline hearings. Accordingly, the Rule has been amended to include a reference to that section of the Act. The Rule now states:
4-35(1) Following a verdict under Rule 4-34 adverse to the respondent, the panel must
(c) include in its decision under this Rule
(i) any order, declaration or imposition of conditions under section 38(7) of the Act, and
(ii) any order under Rule 5-9 on the costs of the hearing, including any order respecting time to pay,
(d) prepare a written record, with reasons, of its action taken under subrule (b) and any action taken under subrule (c),
Rule 1: Definitions
The definition of “professional conduct record” has been clarified to make clear it includes orders and other actions taken against a respondent under s. 38(6) or (7) of the Act. The definition now states:
1 In these Rules, unless the context indicates otherwise:
“professional conduct record” includes the following information respecting a lawyer:
(k) an action taken under section 38(5), (6) or (7) of the Act;
Lawyers and articled students will find amendment pages for their Member’s Manuals included with this edition of the Benchers Bulletin.