Fitness to Practice Committee

Department

Authority

Remuneration

Purpose:

The Fitness to Practice Committee (the Committee) is an alternative mechanism to support members of the Law Society whose capacity is in question. It is voluntary and requires that the lawyer must consent to a fitness to practice assessment. If no capacity related issues are identified in the assessment, the lawyer is referred back to the regular complaints process. If issues are identified, the Committee has powers to manage issues in a manner that protects the public and supports rehabilitation.

Structure:

The Benchers of the Law Society of Newfoundland and Labrador appoint two members, who are not elective Benchers, and the minister appoints one person to represent the public interest, who is not a bencher or member, who together constitutes the Committee. In addition, the Benchers must appoint four members who are not elective Benchers and the minister appoints two persons who are not Benchers or members to be alternates for the Committee.

Competency Profile:

Interested applicants should demonstrate:

• Understanding of the Law Society Rules - The Law Society of Newfoundland and Labrador (lsnl.ca)
  and Code of Conduct - NL_Code-of-conduct_2020Jan01_WORD.pdf (lsnl.ca)
• 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 one member and two alternates to the Fitness to Practice Committee 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;
• Fair;
• Open-minded; and
• Calm under pressure

In addition, experience in the field of mental health, health, or addictions would be an asset. 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 meetings.

Term:

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