Lawyer’s behaviour at professional social event determined to be unsatisfactory conduct

A Standards Committee determined that a lawyer’s conduct towards another lawyer at a professional dinner and dance was unsatisfactory.

Refusal to provide copy of letter of engagement in context of fees dispute

A Standards Committee determined that two lawyers who refused to provide a copy of their letter of engagement to their former client’s new lawyers breached the Conduct and Client Care Rules. The Committee reprimanded the lawyers and ordered them to pay fines totalling $2,000.

Lawyer’s conduct towards partner’s ex-wife misguided and unprofessional

An employed lawyer was in a close personal relationship with one of the firm’s clients, who was in the process of divorcing his wife.  A Standards Committee determined that the lawyer’s “unwise decision making, poor judgment and inappropriate actions” in that context were unprofessional and risked damaging the reputation of…

Initiating contact with a juror

A Standards Committee concluded that a lawyer initiated contact with a jury foreperson in breach of the Conduct and Client Care Rules when the lawyer spoke with a colleague of the foreperson at a local café. The Committee determined that was unsatisfactory conduct and censured the lawyer and ordered her…

Poor communication leads to a finding of unsatisfactory conduct

A lawyer who failed to respond to his client’s enquiries in a timely manner has been found to have engaged in unsatisfactory conduct and fined $1,000 by a standards committee.

Delay in handing over client files after termination of retainer

A Standards Committee fined a lawyer $1000 for undue delay in providing files to his former client’s new counsel, while the client was awaiting sentencing.  While the Committee acknowledged that Covid-19 restrictions were in place for most of the relevant time, it did not accept that adequately explained the three…

Importance of written instructions in criminal proceedings

A lawyer who failed to ensure that his client was aware of all the relevant implications of his decision regarding how to plead and was therefore not able to provide informed instructions, was found to have breached Rules 3, 13.3 and 13.13.1 and fined $500, and $500 in costs.

False claim for wage subsidy

A Standards Committee has determined that a lawyer’s conduct was unsatisfactory for claiming the COVID-19 wage subsidy for an unpaid volunteer at his firm. The Committee stated that the provision of a false statutory declaration, certificate or an affidavit by a lawyer is a serious matter. The lawyer was fined $10,000,…

Lawyer disciplined for unprofessional language

A lawyer has been fined for calling a man “a thief and a crook” during a telephone conversation in which he was endeavouring to recover money owed to his client. The Standards Committee found that his behaviour was inconsistent with his obligations under Rule 12, and constituted unsatisfactory conduct. He…

Duty of candour when making a Section 30 application

A Standards Committee has determined that the conduct of two directors of a firm who failed to disclose a disciplinary matter in their applications to practise on their own account, was unsatisfactory. Each director was ordered to pay $250 in costs.