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Cambridge Lectures 2007

July 8 to July 18, 2007

The Canadian Institute for Advanced Legal Studies announces the 15th Lecture Series to be conducted at Queen's College, University of Cambridge, England. These lectures were established on the initiative on the Right Honourable Paul Martin, Senior, who conceived the idea while he was Canada's High Commissioner for Great Britain and Northern Ireland.

Scheduled Lecturers include:

The Honourable Guido Calabresi (US Court of Appeals, Second Circuit)
The Right Honourable Sir Anthony Clarke (New Master of the Rolls)
The Right Honourable Dame Sian Ellas (Chief Justice, High Court of New Zealand)
Lina Greenhouse (US Supreme Court Correspondent, New York Times)
The Honourable Frank Iacobucci, QC (Counsel, Torys LLP)
The Right Honourable Beverley McLachlin, PC (Chief Justice of Canada)
Richard W. Pound, OC, OQ, QC, FCA (Chair, World Anti-Doping Agency)
The Honourable Justice Antonia Scalia (Supreme Court of the United States)

Register on line at:

www.canadianinstitute.com or
Please forward a cheque payable to:
Canadian Institute for Advanced Legal Studies
P.O. Box 321, Station R
Toronto, Ont, M4G 4C3
Ph. 416-429-3292
Fax: 416-429-9805.

Summary of Disciplinary Matters

Including Hearing Reports Released January 1st to March 15th, 2007

In this Summary of Disciplinary Matters for the first quarter of 2007, the Law Society of Alberta seeks to educate and inform lawyers on its role as a self-regulator in the public interest.

Disbarment of A.

A hearing panel of the Law Society of Alberta found a lawyer (for the purpose of this summary, called A.) guilty of conduct deserving of sanction in his dealings with five separate clients, and his failure to be candid to the Law Society of Alberta.

The conduct occurred between March 1991 and May 1996. The hearing began December 2002, but with a voir dire on the application of the Member for a stay in proceedings. A. was interim suspended on August 27, 1996. From January 2005 to February 2006, evidence was called, exhibits admitted and closing arguments made. There were a total of 56 days involved in the hearing.

The hearing began with 44 citations, however, a number were discontinued. Law Society counsel identified nine remaining citations upon which he was seeking the decision of the panel.

Primarily, the hearing panel found that A. failed to be candid and failed to properly respond, failed to serve his client in a diligent conscientious and efficient manner, misappropriated funds held in trust for his client, his conduct tended to bring the profession into disrepute, was found to have deceived or attempted to deceive his client respecting the keeping of time, and misappropriated funds by taking funds before the work was completed.

Further, the panel determined from the evidence of the conduct of A. a lack of remorse. "Given the nature of the misrepresentations, which we have found," wrote the panel in their hearing report, "the period of time over which they have occurred, and the number of different people affected, we are driven to the conclusion that the

Member's integrity has been seriously impugned."

"His conduct has diminished the reputation of the legal profession in the eyes of his clients and the public." A. was disbarred effective November 2006. "Our decision to disbar the Member is not based upon a need to specifically deter the Member," reported the panel. "However, the sanction primarily needs to reflect our determination that the public needs to be protected. We need to maintain public confidence in our profession, in our integrity."

The total cost to be borne by A. totals $104,267. Time to pay is given to June 2007. Notice to the profession is mandatory and the matter will be referred to the Attorney General. (Hearing report was issued January 16, 2007).

Suspension of B.

A hearing committee of the Law Society of Alberta found that the conduct of B. deserving of sanction in respect to 23 citations arising from seven separate complaints that took place over a long period of time.

The hearing committee determined that B.'s difficulties relate to practice management, and considered his conduct to be serious. It raised issues of governability, not of B. but of the profession itself, the committee determined. It noted that "if the LSA cannot rely on its members to respond to the regulator when called upon, the right to self-governance is itself jeopardized. The sheer number of citations and the number of files to which the citations related did raise questions of whether B. should be allowed to practice at all. However, the hearing committee was cognizant of B's technical ability and noted that within a supervised environment, B. performs relatively well.

Accordingly, the hearing committee determined that in order to protect the interests of the public and maintain the reputation of the profession, there will

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