Professional Misconduct and Disciplinary Tribunals
Professional negligence and professional misconduct are complex areas of law requiring a multi-faceted approach. Successfully representing members of a licenced profession in misconduct cases and before disciplinary tribunals commands specialist litigation skills and an astute understanding of the different professions we encounter.
It also requires a particularly sympathetic approach to clients who are often devastated at allegations of professional misconduct. The professional discipline lawyers at Rogerson Law Group represent a wide range of professionals facing allegations of misconduct, professional discipline before a disciplinary tribunal.
We regularly advise and represent lawyers before Law Society disciplinary hearing panels. Clients also include:
- Other health professionals
- Real estate agents
- Bankers and other financial professionals
Licensed professionals are rightly expected to practice to a reasonably high standard taking into account their experience. The standards expected are higher than those expected of someone working in a non-licenced profession. They will have undertaken demanding qualifications and stringent licensing procedures before being formally licensed to practice. Continual professional training is then required to maintain their professional skills and keep up to date in their professions and to maintain best standards.
The need for Regulation
Professionals are heavily regulated – and rightly so.
Regulation – and professional liability when regulations are breached – is critical to safeguarding the public and maintaining public confidence in skilled professionals. Public scrutiny of the professions is increasing and regulation is being tightened. The recent banking crisis, for instance, has led to an international drive to tighten the regulation of the banking and financial sectors.
We act for professionals who are facing disciplinary action and who are being investigated by the regulatory bodies. Our experience includes advising clients who are regulated by:
- Law Society of Upper Canada
- The Investment Industry Regulatory Organization of Canada
- The Institute of Chartered Accountants
- The Certified General Accountants of Ontario
- Regulatory colleges, committees and governing bodies
When things go wrong
Unfortunately, there are times when a patient or client will be unhappy with the service they have received and will attempt to blame their doctor or dentist; accountant or lawyer. In some instances, this can lead to accusations of wrongful conduct or misconduct. Professionals facing such allegations are frequently devastated – both emotionally and professionally. We seek to help our clients to defend their reputation in a timely way to minimise the potentially shattering effects on their lives.
Professional misconduct proceedings
If allegations of misconduct are found to be meritorious, formal proceedings will be initiated. Misconduct proceedings are adversarial, with the accused essentially treated as a criminal – but without the safeguards protecting those accused of crimes, such as fundamental due process and the presumption of innocence. Hearings are essentially trials.
What can we do for You?
If you are facing misconduct proceedings, you are strongly advised to choose an experienced trial lawyer with in-depth knowledge and understanding of the adversarial trial process.
Our litigation lawyers are experienced at all levels of court proceedings (both in Canada and internationally) and before disciplinary and regulatory tribunals. We are well known for our impressive track record in successfully representing our professional clients.
We do not recommend early settlement if we are confident in winning your case.
When you instruct us to take your case, we will meet and communicate regularly with you to support you. We will carefully analyse the strengths and weaknesses in the case against you. We will work together to devise a strategy to obtain the best possible outcome for you.
Our goal is to preserve your professional license and your integrity so that you can continue successfully in your professional capacity.
The Professional Misconduct and Disciplinary Tribunals team is led by Andrew Rogerson (the firm’s founder) and Norman MacDonald. Norman has previously served on the Ontario College of Pharmacist’s Discipline Committee and the Ontario Bar Association’s Access to Justice Committee. Rogerson Law Group provides professional misconduct and disciplinary tribunal services in the entire GTA including Toronto, Scarborough, Mississauga, Vaughan, Brampton, Richmond Hill, Etobicoke, and Barrie and surrounding areas with offices located in downtown Toronto, Barrie.