Law Society Disciplinary Panel

Department

Authority

Remuneration

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:

• Understanding of the Law Society Rules (http://lawsociety.nf.ca/lawyers/lawyer-regulation/law-society-rules/) and Code of Professional Conduct (http://www.lawsociety.nf.ca/wp-content/uploads/2012/11/2016-Jan-Code-of-Professional-Conduct.pdf);
• Strong communication and organizational skills;
• Ability to think critically and problem-solve;
• Ability to use technology effectively to manage process;
• Ability to make sound, reasoned decisions; and
• Ability to demonstrate leadership and serve as a role model.

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.

Vacancy Profile:

The Law Society Disciplinary Panel is seeking to fill two positions. Expressions of interest are being sought from individuals who possess the background, experience and skill-set identified in the Board profile above. Consideration will also be given to a variety of demographic factors to ensure the board is representative of the population they serve.