Discipline Decision – 2011

http://www.canlii.org/en/nl/nlls/doc/2011/2011canlii21681/2011canlii21681.html

Summary

An Adjudication Tribunal of the Disciplinary Panel of the Law Society found Nicholas Avis, QC of St. John’s, NL, guilty of conduct deserving of sanction pursuant to section 50(3) of the Law Society Act, 1999.

The Complaint alleged that Mr. Avis failed in his duty when advising clients, and failed to act with impartiality and to avoid conflict of interest between clients.

The matter proceeded by way of an Agreed Statement of Facts.

The Adjudication Tribunal found, on a balance of probabilities, that the Complainant has proved that the Respondent, Mr. Avis, is guilty of conduct deserving of sanction, by reason of his failure to comply with the rule under Chapter III and the rule under Chapter V of the Code of Professional Conduct.

The Adjudication Tribunal ordered:

1. ) the Respondent be reprimanded by reason of his failure to comply with the rule under Chapter III of the Code and the rule under Chapter V of the Code;
2. ) a summary of the Decision be published in accordance with the Law Society Rules;
3. ) the Respondent pay to the Law Society 65% of all the costs incurred by the Law Society as specified in s. 50(3)(1) of the Act.