Investigations

Investigations

About investigations

There are circumstances in which the Commissioner must investigate a lawyer’s conduct.

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The Commissioner’s powers to investigate

The Commissioner has a wide range of powers to investigate the conduct of lawyers.

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Transparency of investigation

The Commissioner’s investigation is conducted impartially, and both sides are heard during it.

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Investigation process

The investigation process is confidential, it is conducted impartially, and both sides are heard during it.

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Responding to an investigation

The Commissioner must give a lawyer reasonable time to respond to his investigation requests, however it is an offence not to comply.

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Entry and search of premises

If a lawyer under investigation does not cooperate with the Commissioner, the Commissioner can enter and search a lawyer's premises.

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Failing to comply with an investigation

It is an offence for a lawyer under investigation not to comply with the Commissioner’s requests and requirements.

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Determination after an investigation

After an investigation, the Commissioner will consider all the evidence put before him and make a determination.

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Reporting on an investigation

The Commissioner must report the findings of an investigation to several parties, dependent on the results.

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Actions after an investigation

After investigating a complaint, the Commissioner can take action against a lawyer, depending on whether there is sufficient evidence of misconduct.

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