What is professional misconduct?
Professional misconduct is either unsatisfactory professional conduct which involves a substantial or consistent failure to reach or maintain a reasonable standard or competence and diligence or conduct happening in connection with the practice of law or otherwise that would, if established, justify a finding that the practitioner is not a fit and proper person to engage in legal practice. Professional misconduct complaints might be about: • consistent or substantial unsatisfactory professional conduct • fraud or misappropriation • gross overcharging • gross negligence • conflicts of interest • acting contrary to instructions • misleading or dishonest conduct whether in or outside court. Professional misconduct can also include being convicted of a serious criminal offence, a tax offence or an offence involving dishonesty, or being disqualified from managing or being involved in the management of a corporation under the Corporations Act.
