He contends that treating dishonesty as a simple binary fails to reflect the wide spectrum of misconduct, from trivial untruths to serious fraud. While public confidence in the profession must remain paramount, sanctions should better account for context, culpability and the risk of reoffending.
Gould points to the recent Mohindru decision as evidence that courts are moving away from a rigid application of Bolton, favouring a more nuanced assessment of whether regulatory objectives genuinely require disbarment. As he puts it, ‘fair results are not necessarily incompatible with public trust’.
He concludes that a renewed focus on professional integrity, rather than dishonesty alone, would produce fairer outcomes without undermining confidence in the legal profession.
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