Lawyers Allegedly Behaving Badly

[dapaterson]

I can attest that their taste in wines is oft mediocre - the big cars and ex-wives, OTOH - Testify, Brother!

Lots of very expensive things are very mediocre

 

[FJAG]

Lots of very expensive things are very mediocre

I've never understood how any piece of art should sell for millions of dollars. I've got prints from Winners and Marshalls hanging on my walls that came in at $50 that look perfectly lovely.

 

[dapaterson]

If you repeatedly fail to provide information for a routine review of your accounts, then, the morning of a hearing ask for a delay without reasons, you may well lose your license.

Sudbury lawyer’s license suspended after failing to respond to audit

Mira Lee Ross, called to the bar in 2011, was charged with professional misconduct after repeatedly failing to provide complete responses to the Law Society’s auditors, which is a requirement to maintain her license

www.sudbury.com

 

[FJAG]

If you repeatedly fail to provide information for a routine review of your accounts, then, the morning of a hearing ask for a delay without reasons, you may well lose your license.

Sudbury lawyer’s license suspended after failing to respond to audit

Mira Lee Ross, called to the bar in 2011, was charged with professional misconduct after repeatedly failing to provide complete responses to the Law Society’s auditors, which is a requirement to maintain her license

www.sudbury.com

She hasn't lost the licence but merely has had it suspended. That's a step short of disbarment.

Unfortunately these cases aren't unique. During my years as a bencher we dealt with many of them. In most cases its because folks get so far behind and are so busy that they lose focus on what is important - properly managing your trust accounts. Financial audits target trust accounts, not general accounts. In some cases its because they've been mismanaging or stealing from their trust accounts.

The biggest problem during my days there wasn't so much the nonresponsiveness, it was the length of time between spot audit cycles. When I started practicing in the 1980s, a firm or sole lawyer could expect the law societies auditors to come around once every 18 to 24 months or so to do a routine spot audit. By the time I left practice in the mid 00s the routine spot audits were mostly going by the wayside while the auditors were all concentrating on folks who were known problems. (I think that in Ontario now it may be something like once every 5 years and even up to 10 years. That's troubling in that spot audits usually found issues before they got out of hand and made it much easier to correct problems. It was and is a remedial program as much as a disciplinary one.

Yup. It's a resources issue that could be mitigated by throwing more money for more auditors at it.

 

[lenaitch]

If you repeatedly fail to provide information for a routine review of your accounts, then, the morning of a hearing ask for a delay without reasons, you may well lose your license.

Sudbury lawyer’s license suspended after failing to respond to audit

Mira Lee Ross, called to the bar in 2011, was charged with professional misconduct after repeatedly failing to provide complete responses to the Law Society’s auditors, which is a requirement to maintain her license

www.sudbury.com

She looks like a fun person.

 

[dapaterson]

James Bowie - guilty.

https://www.cbc.ca/news/canada/ottawa/james-bowie-ottawa-lawyer-criminal-charge-guilty-1.7485574

Coda: One of Bowie's victims sought compensation from the Ontario law society's compensation fund. They declined, stating that it was intended only to cover financial losses.

That decision has been overturned by the divisional court, stating that the legislation underlying the compensation fund covers "losses" and does not limit that to financial losses.

https://www.cbc.ca/news/canada/ottawa/compensation-fund-for-victims-of-lawyers-can-cover-more-than-just-financial-loss-ruling-9.7111613

 

[FJAG]

Coda: One of Bowie's victims sought compensation from the Ontario law society's compensation fund. They declined, stating that it was intended only to cover financial losses.

That decision has been overturned by the divisional court, stating that the legislation underlying the compensation fund covers "losses" and does not limit that to financial losses.

https://www.cbc.ca/news/canada/ottawa/compensation-fund-for-victims-of-lawyers-can-cover-more-than-just-financial-loss-ruling-9.7111613

I'm pretty sure that this isn't the last word on this case. The issue of what constitutes a "loss" isn't the relevant part here. I think it has more to do with the word "governed" v "guide." At the end of the day, payments out of the fund for losses are discretionary

(5) Convocation in its absolute discretion may make grants from the Fund in order to relieve or mitigate loss sustained by a person in consequence of,

(a) dishonesty on the part of a person, while a licensee, in connection with his or her professional business or in connection with any trust of which he or she was or is a trustee; or

(b) dishonesty, before the amendment day, on the part of a person, while a member, in connection with his or her law practice or in connection with any trust of which he or she was or is a trustee. 2006, c. 21, Sched. C, s. 71 (4).

"Governed" may have been a poor choice of words in the Law Society's letter, but it isn't entirely inaccurate.

I think the outcome here is that this goes back to the appropriate committee which will now review the case having to accept the fact that it is a "loss" that may be covered and then will have to reconsider "if" they will reimburse her and then by how much.

I think the guaranteed outcomes are that 1) the legislation may be changed to include the word "financial" in a way that excludes general damage awards, and 2) the law society's insurance premiums which underlies the fund (I'm guessing they have that for excess claims) will increase in the interval.