Lawyers Allegedly Behaving Badly

[FJAG]

Too light.

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

https://www.lawsociety.bc.ca/lsbc/apps/hearings/viewreport.cfm?hearing_id=1623

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.

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.

 

[dapaterson]

The cynic in me wonders if this will act as free advertising for him, for other clients equally desirous of a lack of oversight...

 

[FJAG]

The cynic in me wonders if this will act as free advertising for him, for other clients equally desirous of a lack of oversight...

Sadly I take the location and nationalities into consideration. Saying "no" to a $3.3 mil deal (and any the past or potential future client relationships) into consideration one needs to wonder. I recall some pretty blatant immigration cases where the notoriety appeared to do exactly what you suggest.

Lawyers get a lot of referrals by word of mouth and relationships. I once had a referral from a trust company to give independent legal advice to a client who was about to sign a will appointing the trust company as her executors and trustees. After counselling her that her estate was very simple and she didn't need a trust company (she didn't sign) I, as I expected, stopped getting referral from that company.

Unfortunately its all too easy to go along to get along and "bending the rules" to simplify things for a client is usually a slippery slope. In complaints investigation we found quite a few such cases. They usually occurred in lawyers who were generally competent with about ten years of practice under their belts. They were usually reported by lawyers for the other side who became aware of things that were off the rails.

 

[brihard]

Huh. I would not have shortlisted “a lawyer for the City of Ottawa” while trying to guess “who spray painted ‘FEED ME’ on the Holocaust memorial?”

LSO shows him as ‘suspended administratively’. I suspect there’s more to this story.

Man accused in Holocaust Memorial vandalism is City of Ottawa lawyer on leave

Mayor Mark Sutcliffe said he asked city officials to "take all appropriate action in light of these developments."

ottawacitizen.com

Non-paywall version

https://archive.is/6ok57

 

[dapaterson]

Huh. I would not have shortlisted “a lawyer for the City of Ottawa” while trying to guess “who spray painted ‘FEED ME’ on the Holocaust memorial?”

LSO shows him as ‘suspended administratively’. I suspect there’s more to this story.

Man accused in Holocaust Memorial vandalism is City of Ottawa lawyer on leave

Mayor Mark Sutcliffe said he asked city officials to "take all appropriate action in light of these developments."

ottawacitizen.com

Non-paywall version

https://archive.is/6ok57

Look, it can't always be OPS.

 

[brihard]

He got held for a bail hearing so now I’m bloody sure there’s more to the story.

 

[daftandbarmy]

A weak lager drinker? Send him to jail

A video of senior advocate Bhaskar Tanna sipping from a beer mug during a virtual Gujarat High Court hearing has gone viral. The court has initiated suo motu contempt proceedings, calling his act “outrageous and glaring,” and recommended revoking his senior counsel status.

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