Lawyers Allegedly Behaving Badly

[FJAG]

Here's hoping someone notes the past history of misconduct and the lack of action by the bar, and seeks damages from the bar for their inaction.

If the bar starts getting hit with damages for a failure to protect the public, pre emptive suspension may well become a thing.

Dave

Bar associations have nothing to do with discipline or supervision of layers. They are an advocacy association for lawyers.

You're confusing them with law societies who are statutorily responsible for the governance of the legal profession in their province.

You are also ignoring the fact that all lawyers need to carry insurance for the negligent performance of legal duties to their clients and that all lawyers need to pay in to a reimbursement or compensation fund managed by the law society in order to make whole individuals who have lost funds due to fraud or theft by their lawyers. All the clients, who are out of pocket, need to do is file a claim with the law society.

I'm not sure what past history of misconduct you are talking about. I've had a quick look for law society decisions or court cases involving these two and all that I see is a flurry of cases that came out of 2023 and which were the subject of their suspension early this year and their current criminal investigation and civil suits (and I presume law society claims).

In order for the law society to take action there needs to be either a complaint from a client or other lawyer or the discovery of evidence during a law society audit. That action, typically an interlocutory suspension can happen quickly or may take an investigation in less obvious cases.

 

[dapaterson]

The LSO believes someone not forthcoming about child sexual abuse should not be a lawyer.

The appeals tribunal disagrees.

Law Society tribunal rules man who sexually abused children now ‘of good character,’ can be licenced as a lawyer | Globalnews.ca

"He has established that he is currently of good character and is eligible to be licensed, subject to a condition that he not meet with minor children while unsupervised."

globalnews.ca

 

[FJAG]

The LSO believes someone not forthcoming about child sexual abuse should not be a lawyer.

The appeals tribunal disagrees.

Law Society tribunal rules man who sexually abused children now ‘of good character,’ can be licenced as a lawyer | Globalnews.ca

"He has established that he is currently of good character and is eligible to be licensed, subject to a condition that he not meet with minor children while unsupervised."

globalnews.ca

This goes back to the summer of 2023. Has there been an update on the appeal that the Law Society filed on this decision?

I'll answer that. Initially the order of the appeal tribunal was stayed pending appeal. The appeal went forward to the Ontario Superior court where the law society argued that:

The Law Society submits the Tribunal failed to consider the Law Society’s statutory duty to protect the public interest as set out in s. 4.2 of the Law Society Act, R.S.O. 1990, c. L.8 (the Act). In its submission, this statutory duty must inform the meaning of the good character requirement in the Act. In the context of this case, that would mean having regard to the rights and safety of children.

Unfortunately the court ruled that the licencing should proceed.

See:

https://www.canlii.org/en/on/onscdc/doc/2024/2024onsc5971/2024onsc5971.html?resultId=a688a4bf71cd4904a899b637312d6ed0&searchId=2024-11-14T23:29:49:024/919ca320afc3404a9e231af5dcd17149&searchUrlHash=AAAAAAAAAAEAFjIwMjIgT05MU1RIIDkgKENhbkxJSSkAAAABAAsvMjAyMm9ubHN0OQE

So - law society trying to protect the public.

 

[ModlrMike]

FFS... I'd be banned for life if my college ever got that kind of complaint.