A solicitor convicted of serious criminal offences involving breach of trust, particularly offences against children in a parental relationship, will be found guilty of professional misconduct even though the conduct occurred outside the course of legal practice. A solicitor under disciplinary investigation who deliberately withholds from the Law Society material information about subsequent charges or convictions, while making submissions about good fame and character, breaches the duty of candour and commits professional misconduct. Section 48K(5) of the Legal Profession Act 1987 requires disclosure of convictions to prospective employers regardless of whether the person holds a current practising certificate, though genuine ignorance of the provision may preclude a finding of professional misconduct for the breach.
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