banner banner

Discipline Decision 2003

http://www.canlii.org/en/nl/nlls/doc/2003/2003canlii52656/2003canlii52656.html

SUMMARY

An Adjudication Panel of the Discipline Committee, in a Decision dated January 31, 2003 and pursuant to section 46(3) of the Law Society Act, 1999 found Kent Morris guilty of conduct deserving of sanction for:

  •  failing to comply with Rule 5.05(c) of the Law Society Rules requiring a Bill of Fees to be rendered to the client before money has been withdrawn from a trust account; and
  •  failing to comply with  Rule b contained in chapter II of the Code of Professional Conduct requiring information be provided in a timely manner when requested by a client.

The member entered a guilty plea and the matter proceeded by way of an Agreed Statement of Facts. The Adjudication Panel noted that there was no indication that the member acted in a dishonest manner or attempted to misappropriate funds that he had not earned.  

The Adjudication Panel ordered that the member be reprimanded, that the member pay the expenses of the Law Society in the investigation and hearing of the complaint and that the results of the discipline proceeding be published in the normal manner.

Discipline Decision 2017

https://www.canlii.org/en/nl/nlls/doc/2017/2017canlii54666/2017canlii54666.html

SUMMARY

TAKE NOTICE THAT an Adjudication Tribunal of the Disciplinary Panel of the Law Society of Newfoundland and Labrador, pursuant to the Law Society Act, 1999, accepted the guilty plea of R. Kent Morris, QC of Kingston, ON.  Mr. Morris acknowledged that through inadvertence and negligence the Trust Account operated by R. Kent Morris, QC was in arrears of $76,000.00 as of June 30, 2007.

The Adjudication Tribunal Order, pursuant to subsection 49(2) of the Law Society Act, 1999 states:

WHEREAS an Adjudication Tribunal of the Disciplinary Panel has been appointed to hear this matter;

AND WHEREAS the Law Society of Newfoundland and Labrador and R. Kent Morris, Q.C. have consented to the within Order;

AND WHEREAS R. Kent Morris, Q.C. and the Law Society acknowledge that through inadvertence and negligence the Trust Account operated by R. Kent Morris, Q.C. was in arrears of $76,000.00 as of June 30, 2007 contrary to Law Society Rule 5.04(9);

AND WHEREAS R. Kent Morris, Q.C. previously offered his resignation to the Law Society in 2014 and has informed the Law Society that he has no intention of applying for readmission in the future;

AND WHEREAS R. Kent Morris, Q.C. and the Law Society of Newfoundland and Labrador have agreed to discontinue with no Order as to costs Supreme Court of Newfoundland and Labrador Court of Appeal proceeding 2016 01H 0023;

AND WHEREAS R. Kent Morris, Q.C. and the Law Society of Newfoundland and Labrador have agreed to discontinue with no Order as to costs Supreme Court of Newfoundland and Labrador Court of Appeal proceeding 2017 01H 0056;

AND WHEREAS R. Kent Morris, Q.C. and the Law Society of Newfoundland and Labrador have agreed that Kent Morris will not commence any further judicial proceedings arising out of or in relation to this Complaint;

AND WHEREAS R. Kent Morris, Q.C. and the Law Society of Newfoundland and Labrador have agreed that each side will bear its own costs in relation to any and all Court proceedings in relation to this Complaint, in particular the Law Society will not seek to tax, collect, or pursue its costs award in Supreme Court matter 2015 01G No. 4289 pursuant to the Order of Justice Burrage dated January 27, 2016;

THE ADJUDICATION TRIBUNAL HEREBY ORDERS:

  1. Pursuant to s.49(2)(c) of the Law Society Act, 1999 S.N.L. 1999 c. L-9.1, R. Kent Morris, Q.C. is directed to resign from the Law Society of Newfoundland and Labrador, and the Adjudication Tribunal recommends that benchers accept his resignation, on the following terms and conditions:

a.       R. Kent Morris Q.C. is to submit a letter of resignation to benchers within two (2) days of this Order pursuant to s.49(2)(c);

b.        The Law Society of Newfoundland and Labrador will not take any further proceedings arising out of the Complaint save and except any proceedings necessary to collect payment of the

promissory note referred to in paragraph 2 of this Order;

c.        R. Kent Morris, Q.C. will not re-apply to the Law Society of Newfoundland and Labrador for readmission or reinstatement;

d.        R. Kent Morris, Q.C. and the Law Society of Newfoundland and Labrador will bear their own costs of any and all Adjudication Tribunal proceedings;

  1. Pursuant to s.49(2)(o) of the Law Society Act, 1999 S.N.L. 1999 c. L-9.1,R. Kent Morris, Q.C. will execute a Promissory Note in favour of the Law Society of Newfoundland and Labrador wherein he will pay $250.00 per month to satisfy Trust Account arrears of $76,000.00.