After the matter has been investigated to the extent determined by the investigator a decision will be made and the complainant and lawyer will be notified about it.  On a few occasions where it is not deemed appropriate to forward a complaint to a lawyer only the complainant will be notified.  In most cases this occurs where there is simply nothing on the face of the complaint which, if proven, would amount to misconduct.

Not all decisions need to be made at a meeting of the Full Board.

Some decisions have been delegated, by the Board, to the Director of the Board.  Any decision made by delegated authority (rather than the Full Board) is notified to the Board at the next Board meeting.

However importantly, a decision that there is evidence of unprofessional or unsatisfactory conduct on the part of a lawyer can only be made by the Full board. In such case, after investigation of the complaint a report is prepared for the full Board, which currently meets every 5 weeks.  At the Board meeting the Board considers the material before it and determines whether there is evidence of unprofessional or unsatisfactory conduct on the part of the lawyer.  If it determines that there is misconduct it also considers the appropriate disposition of the matter.

What factors does the Board take into account in deciding whether there is unprofessional conduct or unsatisfactory conduct on the part of the lawyer?

In March 2003 the Board published Guidelines to inform both lawyers and members of the public of the factors which will and will not be taken into account in reaching a decision as to whether there is unprofessional conduct or unsatisfactory conduct

Will the Board tell me the reasons for its decision?

In most cases the Board will advise the reasons for its decision which will be published to both the complainant and the lawyer the subject of the complaint.