Tighter controls for regulating the conduct of lawyers in South Australia have been introduced following the passage of the Legal Practitioners (Miscellaneous) Amendment Bill last week.
Some of the key changes include a broader definition of unsatisfactory and unprofessional conduct to include conduct not directly related to a lawyer’s practice.
Law Society President John White said that the new provisions responded to public demand for a higher standard of accountability. “Lawyers are gatekeepers of justice, and their private conduct is relevant to their professional duty to facilitate justice,” he said.
The Act also includes new provisions which increase what information lawyers must provide to their clients about the anticipated cost of their work and the Supreme Court will have extra power to immediately suspend a lawyer’s practising certificate if it is in the public interest to do so. A Legal Profession Conduct Commissioner will be appointed to receive and investigate complaints against legal practitioners, replacing the Legal Practitioners Conduct Board
“Just as the Legal Practitioners Conduct Board was an independent entity, so will the Commissioner be, but we expect the Commissioner may enhance accessibility for those wishing to lodge a complaint,” White said. A register of lawyers disciplined for professional misconduct will be publicly available online.