What is the difference between negligence and issues of misconduct?
A legal practitioner has a duty to provide professional services with reasonable care and skill. A legal practitioner who fails to do this may have breached their duty of care to a client and have been negligent. The Tribunal and superior courts have determined that negligence is a form of unsatisfactory professional conduct or professional conduct only when it goes beyond “mere carelessness” or “mere negligence”. Complainants who want compensation from a legal practitioner usually have to take private legal action against the practitioner for professional negligence. Misconduct falls into one of two categories – “unsatisfactory professional conduct” or “professional misconduct”. Both forms of misconduct can lead to disciplinary action being taken by the Commissioner eg a caution or reprimand, or referral to the Administrative Decisions Tribunal. The purpose of disciplinary action is to protect the public, correct the professional conduct and ensure that breaches do not occur again. Th
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