The definition of 'professional misconduct' in s 387 of the Legal Profession Act 2006 (ACT) is inclusive, not exhaustive. ACAT is not required to expressly refer to s 387(1)(a) and (b) when finding professional misconduct, and may rely on the common law test of conduct that would reasonably be regarded as disgraceful and dishonourable by professional brethren of good repute and competency. Deliberate or reckless misrepresentations to clients, and threatening conduct intended to dissuade clients from making complaints, are properly characterised as professional misconduct.
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