Summary of Disciplinary Matters
Including Hearing Reports Released March 16 to October 15, 2007
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In this Summary of Disciplinary Matters for the second and third quarters of 2007, the Law Society of Alberta seeks to educate and inform lawyers on its role as a self-regulator in the public interest. The following are three cases from seven hearing reports completed during this period. Also during this time, the LSA conducted 20 hearings.
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Disbarment of A.
Balancing the public interest with sanctions, a Law Society of Alberta hearing panel found a lawyer called A. (for the purpose of this summary) guilty of conduct deserving of sanction with respect to a trust fund and dealings with LSA auditors. The conduct occurred in 2001, and a hearing was held September 2007 on four citations. By the end of September, the hearing panel disbarred A. The panel stated in its hearing report that the "purpose of the sanction is not so much to punish a member but to demonstrate to the public that the LSA is serious about protecting them from being mistreated by their lawyer."
The panel found several factors which indicated a more severe sanction:
- 1. Member stole trust funds from his client.
- 2. Member lied to the auditor of LSA to cover up the theft.
- 3. Member contacted the client and asked the client to lie to the LSA's auditor in order to conceal the theft.
- 4. The Member placed a forged document on his file to mislead any subsequent auditor.
- 5. While not so serious as theft, the Member on a number of other occasions had withdrawn funds from trust without first rendering accounts as required by LSA rules.
On the other hand, the panel found several factors which suggested a less severe sanction including: the member had no prior record; had made restitution of the funds stolen; had a record of humanitarian aid and assistance to his local community; and that A. appeared genuinely remorseful. In summary, the hearing committee disbarred the member and directed the member to pay actual costs of the hearing within six months. |
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Suspension of B.
In a hearing held April 2007, a hearing committee was convened to consider the case of 10 citations involving B. The member acknowledged that the conduct was conduct deserving of sanction. In its hearing report, the committee clarified that the "primary purpose of the sanction process is to ensure that the public is protected and that the public maintains a high degree of confidence in the legal profession." The hearing committee expressed concern that B. failed on many occasions and over a long period of time, to respond to the law society. "The seriousness of ignoring the LSA in its efforts to assist the complainants gives rise the following concerns:
- a) the ability of the LSA to effectively govern its members;
- b) public confidence in the legal profession;
- c) the inability of the LSA to address valid complaints raised by the public; and
- d) the LSA's efforts to assist its members to remediate practice concerns is defeated.
In its report, the committee noted that "all of these factors impact on the public's confidence in the legal profession, which is at the foundation of self-governance. This misconduct brings into jeopardy independence of the legal profession and therefore endangers the public interest."
The committee's decision in May 2007 was to suspend B. from practice for 12 months, request payment of the actual costs of the hearing, estimated at $6,850.05 to be paid within six months. Prior to reinstatement, B. must satisfy the Practice Review committee that he/she is able, and has no medical conditions preventing him/her from carrying out her professional obligations to his/her clients, the profession and the LSA.
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continued from page 12 sidebar covered by the LSA. If you are a member of the LSA, and are interested in volunteering on a 2008 committee, please provide the following information:
- Name
- Firm
- Address, City & Postal Code
- Area of practice
- No. of lawyers practicing at place of employment
The LSA is committed to ensuring committee membership has representation from all areas of diversity amongst its members. Please indicate how you would complement this diversity commitment. Please provide your first and second choice of committee, applicable experience/expertise and reasons for committee interest. Please submit your applications by December 31, 2007 to: Corrine Kubota, Executive Assistant The Law Society of Alberta Suite 500, 919 11th Avenue SW Calgary, Alberta T2R 1P3 Email: Corrine.Kubota @lawsocietyalberta.com Fax: 403-228-1728 Although the LSA strives to accommodate all requests, there are a limited number of spaces available on each committee. Those chosen for committees will be notified by March 15, 2008.  |
