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As the regulatory body of lawyers in Newfoundland and Labrador, the Law Society of Newfoundland and Labrador is authorized under the Law Society Act, 1999 to file complaints against members.

A complaint is authorized by the Complaints Authorization Committee when the Committee is of the opinion that there are reasonable grounds to believe a lawyer has engaged in conduct deserving of sanction.  A complaint is an unproven allegation until an adjudication tribunal makes a determination on its validity. At any hearing a settlement may be proposed.

Law Society disciplinary hearings generally take place at the Law Society office at 196-198 Water Street, St. John’s, and are open to the public. However, the adjudication tribunal has the right to make certain parts of the hearings, or even the entirety of a hearing, private at their discretion.

NOTICE OF THE HEARING DATE

Respondent: Averill Baker
Date: March 25, 2024
Time: 9:30 am
Place: Zoom

General Nature of the Charges:

In accordance with s. 45(3) of the Law Society Act, 1999, (the “Act”) the Complaints Authorization Committee (the “Committee”) has determined that there are reasonable grounds to believe that Averill Baker (the “Respondent”) has engaged in conduct deserving of sanction and, in accordance with s. 45(3)(b) of the Act, the Committee has instructed the Vice-President to file the within Complaints against the Respondent on the basis that the Respondent is guilty of conduct deserving of sanction in that she:

C2023-016

Code of Professional Conduct:

  1. Breached s. 2.1 of the Code of Professional Conduct and related commentaries thereto.
  2. Breached s. 7.1-1 of the Code of Professional Conduct.
  3. Breached s. 7.2-1 of the Code of Professional Conduct and related commentaries thereto.

Law Society Rules:

  1. Breached Law Society Rule 14.

The factual particulars of the Complaint are as follows:

That the Respondent:

i. failed to cooperate with the second half of a practice management review which impeded the completion of the review.

C2023-042

Code of Professional Conduct:

  1. Breached s. 2.1 of the Code of Professional Conduct and related commentaries thereto.
  2. Breached s. 7.1-1 of the Code of Professional Conduct.

Law Society Rules:

  1. Breached Law Society Rule 6.17

The factual particulars of the Complaint are as follows:

That the Respondent:

i. failed to comply with the Mandatory Continuing Professional Development requirements for the year 2022.

NOTICE OF REFERRAL TO A HEARING

Respondent: Kenneth LeDrew
Type of Hearing: Conduct

General Nature of the Charges:

In accordance with s. 45(3) of the Law Society Act, 1999, (the “Act”) the Complaints Authorization Committee (the “Committee”) has determined that there are reasonable grounds to believe that Kenneth LeDrew (the “Respondent”) has engaged in conduct deserving of sanction and, in accordance with s. 45(3)(b) of the Act, the Committee has instructed the Vice-President to file the within Complaints against the Respondent on the basis that the Respondent is guilty of conduct deserving of sanction in that he:

Complaint C2023-001

Code of Professional Conduct:

  1. Breached s. 2.1 of the Code of Professional Conduct and related commentaries thereto.
  2. Breached s. 3.1 of the Code of Professional Conduct and related commentaries thereto.
  3. Breached s. 7.1-1 of the Code of Professional Conduct.
  4. Breached s. 7.2-1 of the Code of Professional Conduct and related commentaries thereto.
  5. Breached s. 7.2-4 of the Code of Professional Conduct.

Law Society Rules:

  1. Breached Law Society Rule 14.
  2. Breached Law Society Rule 9.43.

The factual particulars of the Complaint are as follows:

That the Respondent:

i. failed to cooperate with a practice management review which impeded the process and completion of the review.
ii. failed to act with integrity in his communications to the Law Society;
iii. failed to perform all legal services undertaken on a client’s behalf to the standard of a competent lawyer;
iv. sent correspondence to the Law Society that was abusive, offensive or otherwise inconsistent with the proper tone of a professional communication from a lawyer; and
v. failed to report a judgement to the Law Society in contravention of Law Society Rule 9.43.

Complaint C2023-003

Code of Professional Conduct:

  1. Breached s. 2.1 of the Code of Professional Conduct and related commentaries thereto.
  2. Breached s. 7.1-1 of the Code of Professional Conduct.
  3. Breached s. 7.2-1 of the Code of Professional Conduct and related commentaries thereto.
  4. Breached s. 7.2-4 of the Code of Professional Conduct.

Law Society Rules:

  1. Breached Law Society Rule 5.07(6).
  2. Breached Law Society Rule 5.08.

The factual particulars of the Complaint are as follows:

That the Respondent:

i. failed to file Form 5.07B, in contravention of Law Society Rule 5.07(6);
ii. failed to act with integrity in his communications to the Law Society; and
iii. sent correspondence to the Law Society that was abusive, offensive or otherwise inconsistent with the proper tone of a professional communication from a lawyer.

Complaint C2023-007

Code of Professional Conduct:

  1. Breached s. 2.1 of the Code of Professional Conduct and related commentaries thereto.
  2. Breached s. 7.1-1 of the Code of Professional Conduct.
  3. Breached s. 7.2-1 of the Code of Professional Conduct and related commentaries thereto.
  4. Breached s. 7.2-4 of the Code of Professional Conduct.

The factual particulars of the Complaint are as follows:

That the Respondent:

i. sent correspondence to the Law Society that was abusive, offensive, or otherwise inconsistent with the proper tone of a professional communication from a lawyer.

Complaint C2023-012

Code of Professional Conduct:

  1. Breached s. 2.1 of the Code of Professional Conduct and related commentaries thereto.
  2. Breached s. 7.1-1 of the Code of Professional Conduct.

Law Society Rules:

  1. Breached Law Society Rules 9.44 which may be treated as an allegation of conduct deserving of sanction in accordance with Law Society Rule 9.45.

The factual particulars of the Complaint are as follows:

That the Respondent:

i. failed to self-report a charge under the Criminal Code of Canada.

Complaint C2023-020

Code of Professional Conduct:

  1. Breached s. 2.1 of the Code of Professional Conduct and related commentaries thereto.
  2. Breached s. 7.1-1 of the Code of Professional Conduct.
  3. Breached s. 7.2-1 of the Code of Professional Conduct and related commentaries thereto.
  4. Breached s. 7.2-4 of the Code of Professional Conduct.

The factual particulars of the Complaint are as follows:

That the Respondent:

i. failed to cooperate with the Law Society;
ii. failed to respond to communications from the Law Society;
iii. failed to act with integrity in his communications to the Law Society; and
iv. sent correspondence to the Law Society that was abusive, offensive, or otherwise inconsistent with the proper tone of a professional communication from a lawyer.