- Reaction score
- 16,942
- Points
- 1,160
Too light.
This was a case where the lawyer reported himself to the law society and where he agreed to "plead guilty" to the charges. The disposition was a consent one. He appears to have no other disciplinary record. The Canadian criminal courts take consent agreements into consideration every day. Hardly any criminals report themselves albeit some confess and show remorse quickly - which again is a factor in mitigating sentencing.
I don't find the case disposition unusual albeit that, IMHO, a much longer period of suspension ought to have been called for.
I don't think that this was a case of trying to defraud anyone but one to expedite a client's legitimate business activity in a time frame where the proper processes were difficult to follow. Notarization essentially involves confirming the persons identity, watching them sign, ensuring they understand the contents of the document and signing voluntarily and then attesting to the validity of the signature. That said, the lender had already agreed to video confirmation of signatures to sworn statements (which is permitted in some jurisdictions) and I see no reason why those agreed to processes couldn't have been followed in the circumstances. The lender could have been put at risk by these actions.Lie about witnessing signatures? Delete messages in an app to hide your malfeasance?
In British Columbia that gets you one whole month of suspension from the profession. To his credit, though, he self-reported.
Vancouver lawyer suspended for submitting false documents in support of client’s $3.3M loan application
A Vancouver lawyer has admitted to improperly notarizing documents and solemnly declaring affidavits that contained information he knew was false in order to help a corporate client secure a $3.3-million loan from a U.S. bank.www.ctvnews.ca
This was a case where the lawyer reported himself to the law society and where he agreed to "plead guilty" to the charges. The disposition was a consent one. He appears to have no other disciplinary record. The Canadian criminal courts take consent agreements into consideration every day. Hardly any criminals report themselves albeit some confess and show remorse quickly - which again is a factor in mitigating sentencing.
I don't find the case disposition unusual albeit that, IMHO, a much longer period of suspension ought to have been called for.
