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Law Society Disciplinary Panel

Department

Justice and Public Safety

Authority

Section 42(4) of the Law Society Act, 1999

Remuneration

Subsection 42(8) states that Members of the disciplinary panel shall serve on the panel without payment for their services, but may be remunerated for service as a member of an adjudication tribunal and paid their travel and other expenses associated with the work of that tribunal by the society.

Purpose:

  • The Law Society Disciplinary Committee is responsible for hearing complaints against members of the Law Society of Newfoundland and Labrador in accordance with Part II of the Law Society Act, and the Law Society’s Rules and the Code of Professional Conduct.
  • Adjudication tribunals are appointed from the Disciplinary Panel by the Chair and decide whether or not a respondent is guilty of conduct deserving of sanction, or whether there has been a failure to comply with a decision or an order.
  • Where a matter is referred to the Disciplinary Panel, the Chair of the Panel is required to appoint three members of the Panel to a tribunal, comprised of two lawyers and one lay representative, and must appoint one member to chair that tribunal.
  • Law Society of Newfoundland and Labrador (LSNL) adjudicators work to ensure that hearings are fair, timely, transparent to the public and the profession, and that they are founded on the protection of, and service to, the public. They ensure that the public perspective is represented in the adjudicative decision making process.
  • Adjudicators for the LSNL are responsible and accountable for independently making quasi-judicial decisions in individual cases, deciding all issues of fact and law, while ensuring that the principles of natural justice and procedural fairness are properly applied. Eligible adjudicators will have the competencies and qualifications required to perform their LSNL adjudicative functions at the highest level.

Structure:

The benchers shall appoint at least 20 members who are not elective benchers, one of whom shall be appointed to serve as chairperson, and the minister shall appoint at least 10 persons, who are not benchers or members, to represent the public interest, who shall together constitute a disciplinary panel.

Competency Profile:

Interested applicants should demonstrate:

Qualifications:

The minister shall appoint at least 10 persons, who are not benchers or members, to represent the public interest.

Appointees should demonstrate the following attitudes:

  • High ethical standards;
  • Respectful of all people involved in the hearing process;
  • Personal independence and integrity;
  • Highest standards of behaviour during a hearing, setting tone of respect and competence and upholding a positive image of the organization;
  • Motivated to arrive prepared;
  • Objective and respectful of other views;
  • Fair;
  • Open-minded; and
  • Calm under pressure.

A combination of education and experience will be considered to ensure the public interest is represented.

Time Commitments:

Appointees must be prepared to participate in pre-hearing conferences, hearings and Adjudication Tribunal meetings outside of hearing days.

Term:

Persons appointed to the disciplinary panel shall be appointed for a term of 3 years. Notwithstanding the expiry of his or her term, a member of the disciplinary panel continues to be a member until he or she is re-appointed or his or her replacement is appointed.

Additional Information:

Applicants should be aware of, and able to comply with, the following:

  • A commitment to devote sufficient time to adjudication duties, including preparation for hearings and attendance at training sessions.
  • Adjudication and training time will be on a pro bono basis, with expenses paid.
  • Although the majority of the hearings are a half-day to one-day long, others may last a week. Adjudicators will be asked to sit for both one-day, as well as longer hearings. Hearing dates may be scheduled over a period of several months.
  • The number of hearing days that each adjudicator will sit on will vary; there is no minimum required number of days, and there is no guaranteed number of days. Hearing dates will be offered to adjudicators as they arise, with appointments to tribunals depending, in part, on each adjudicator’s availability and the number of hearing days available.
  • Hearings are usually held at the office of the Law Society of Newfoundland and Labrador at 196-198 Water Street, St. John’s. The office is wheelchair accessible.
  • Hearings are always held on weekdays, and usually commence at 9:30 a.m. Hearings will end at different times of the day depending on the requirements of the hearing, but will usually finish by 5:00 p.m.
  • Adjudicators are expected to have reviewed and be familiar with materials that have been provided reasonably in advance of hearings.
  • Adjudicators are expected to be conversant with LSNL guidelines and with fairness as it applies in an administrative tribunal.
  • Hearing reports (decisions) are expected to be completed in a timely fashion, in strict compliance with Federation of Law Societies National Disciplinary Standards’ requirement of 90 days from the date of receipt of the last submissions. Extensions may be granted under extenuating circumstances.

Vacancy Profile:

Currently, there are 4 vacant positions and 6 expired positions. 

Expressions of interest are being sought from individuals who possess the background, experience and skill-set identified in the profile above. 

 

 

 

 

Current Members:
NameTitleAppointment TypeAppointment Date (yyyy/mm/dd)Expiry Date (yyyy/mm/dd)
Bolger, Mr. Bernard MemberMinisterial2006-03-162011-03-15
Bowes, Ms. Angela MariaMemberMinisterial2006-03-162011-03-15
Burry, Mr. Herbert M. MemberMinisterial2006-03-162011-03-15
Drover, Mr. Frederick D. MemberMinisterial2006-03-162011-03-15
Rose, Mr. Raymond W.MemberMinisterial2006-03-162011-03-15
Sexton, Dr. Marina R. MemberMinisterial2006-03-162011-03-15
VacantMemberMinisterialNot Applicable
VacantMemberMinisterialNot Applicable
VacantMemberMinisterialNot Applicable
VacantMemberMinisterialNot Applicable

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