This blog has already discussed some human rights considerations a regulatory body should have in mind when developing and applying policy and procedures for registration or membership. This entry deals with human rights considerations at a later stage, namely once…
Today, most self-regulating profession legislation expressly provide that former members can be disciplined for alleged misconduct which occurred while they were a member. Nonetheless, some remaining enabling statutes do not expressly address this issue, creating the problem of how these…
Conflicts of interests which amount to professional misconduct can be confusing when the issue of waiver arises. Can clients waive conflicts of interests so that they do not amount to misconduct? For example, the law permits lawyers to act for…
Over the last few weeks we have explored the balancing act regulators may engage in when weighing what disclosure should be made to complainants. We first examined the general rules of disclosure and the requirements of procedural fairness (click here).…
Regardless of the specific language in a profession’s governing statute or the governing body’s bylaws on costs for discipline hearings, costs need to be reasonable. This concern arises not only from the fact that any conduct by a statutory body…