Professional misconduct in disciplinary proceedings requires conduct that would reasonably be regarded as disgraceful or dishonest by members of the profession of good repute and competency. Unprofessional conduct is the less grave category, encompassing conduct which may reasonably be held to fall short of, to a substantial degree, the standard of professional conduct observed or approved of by members of the profession. A disciplinary tribunal that conflates these two tests commits an error of law warranting quashing of its decision. A respondent's acknowledgment of guilt to the less grave category does not restrict the tribunal to that finding, but the tribunal must correctly apply the test for whichever category it finds.
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