Ethical fault, which is specific to disciplinary law, differs from civil fault in particular by its objective, which is to protect the public rather than to compensate a private party. Thus, regardless of the consequences of the ethical fault, a professional who committed it may be sanctioned by the Disciplinary Committee of his or her professional order regardless of whether or not a complaint was filed.
Definition
Ethical misconduct is a serious breach, whether voluntary or involuntary, involving the morality and ethics of the professional and covering situations not expressly defined and prohibited by the Professional Code and the code of ethics of the profession in question. It is aimed in particular at non-compliance with the standards of professional and moral competence in the practice of the profession. On the other hand, it is important to keep in mind that not all misconduct is automatically ethical misconduct. Indeed, misconduct becomes an ethical breach only when it deviates sufficiently from the professional norm or when the gap between the impugned conduct and the appropriate conduct is so great that it constitutes an ethical misconduct. Thus, not all errors committed by a professional are, de facto, ethical faults. The error must be serious and unacceptable. In addition, in some cases, ethical misconduct may require proof of an element of intent, i.e., that the error was made intentionally.
Application
There is a breach of ethics as soon as it is established that a professional has violated one or more rules put forward by the Order of which he or she is a member, regardless of whether or not there are any harmful consequences caused to the individual receiving the service.
To determine whether there is an ethical fault, the Tribunal must carefully examine the circumstances of the misconduct revealed by the evidence. The evidence must be clear and convincing in order to meet the burden of the balance of probabilities.
Defence in disciplinary law
In disciplinary law, each situation is unique. This principle is all the more true since each professional order is governed by its own laws and regulations, requiring a thorough mastery of the specific standards that apply to each profession. An ethical breach, whether voluntary or involuntary, must be analysed in its context to assess its seriousness and implications.
At Lambert Avocats, we understand that each case is a case in point requiring a tailor-made approach. Our team specializing in disciplinary law masters the subtleties of the laws and codes of each professional order and is ready to guide you, regardless of the nature or complexity of your problem.
For a rigorous and personalized defense, trust our expertise. Contact us today for a confidential consultation.