If a lawyer physically or sexually assaults their intimate partner, they may be penalized by their governing law society for conduct unbecoming a member of the profession. If a lawyer commits systems abuse while self-representing, the behaviour may amount to professional misconduct. However, if a lawyer in their representative capacity acts as a tool of abuse on behalf of their client, it seems as though they are unlikely to be found guilty of professional misconduct for their role in the intimate partner violence (“IPV”). To be sure, their professional conduct may be subject to judicial admonishment and even costs consequences; but it seems unlikely that their governing law society will become involved because of the IPV alone. This disconnect seems problematic to me. This post considers why the Federation of Law Societies Model Code of Professional Conduct is silent on the issue of family violence and IPV, yet law societies are willing to penalize lawyers for IPV.
Deanne Sowter (Tue,) studied this question.