The Classic Definition of Professional Misconduct
which is most quoted and referred to before the Tribunal is that
of Lord President Emslie in the case of Sharp-v-The Council of the
Law Society of Scotland 1984 SC129 at page 34 where he stated:
There are certain standards of conduct to be
expected of competent and reputable solicitors. A departure from
these standards which would be regarded by competent and reputable
solicitors as serious and reprehensible may properly be categorised
as professional misconduct. Whether or not the conduct complained
of is a breach of rules or some other actings or omissions the same
question falls to be asked and answered and in every case it will
be essential to consider the whole circumstances and the degree
of culpability which ought properly to be attached to the individual
against whom the complaint is to be made. |
