Types of disciplinary action

The types of disciplinary action that the Commissioner can take against a lawyer include:

  • suspending, or placing conditions on, the lawyer's practising certificate
  • reprimanding the lawyer
  • ordering the lawyer to apologise
  • ordering that the lawyer redo the work or pay for the work to be redone by another lawyer
  • ordering that the lawyer be supervised
  • ordering the lawyer undertake training, education or counselling
  • ordering the lawyer to pay a fine (up to a certain level)
  • ordering that the lawyer make a specified payment
  • ordering that the lawyer receive medical treatment
  • ordering the lawyer to enter into a professional mentoring agreement
  • examining the lawyers files and records.

The Tribunal can take similar disciplinary action to the action that the Commissioner can take, but in some cases it can be more severe (for example, the Tribunal can impose higher fines than can the Commissioner).

The Supreme Court can take any disciplinary action it sees fit, including striking off or removing the lawyer's name from the roll of legal practitioners in South Australia.

 

For further information about some of the terms used above, refer to the glossary.