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Notice of Upcoming Hearings

Disciplinary Hearings

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 Hearing Date

 

Respondent: H. Edmund Montague
Type of Hearing: Conduct Pre-Hearing Conference
First Date of Hearing: November 28, 2019
Last Day of Hearing: November 28, 2019
Status: Commencing 11:00 am
Location: Offices of the Law Society, 196-198 Water Street

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”) determined that there are reasonable grounds to believe that H. Edmund Montague (the “Respondent”) has engaged in conduct deserving of sanction and, in accordance with s. 45(3)(b) of the Act, the Committee instructed the Vice-President to file a Complaint against the Respondent on the basis that the Respondent is guilty of conduct deserving of sanction in that he:

Law Society Rules:

1. Failed to comply with Law Society Rule 5.02 by failing to maintain proper and sufficient records relating to trust money and trust property received and disbursed in connection with his practice.

2. Failed to comply with Law Society Rule 5.03 by failing to deposit clients’ trust money into his trust account.

3. Failed to comply with Law Society Rule 5.04 by inappropriately withdrawing money from his trust account and by withdrawing money from his trust account without providing billing or other written notification to his client.

4. Failed to comply with Law Society Rule 5.09 by failing to produce to the Law Society’s Trust Auditor information and/or explanations required for his audit.

5. Failed to comply with Law Society Rules 9.04 and 9.07 by failing to respond, in writing or otherwise, to two (2) allegations within fourteen (14) days or within a reasonable time, without reasonable excuse.

6. Failed to comply with Part XVI of the Law Society Rules by failing to collect all information necessary to identify clients as outlined in Rule 16.03.

Code of Professional Conduct:

1. Failed to discharge all responsibilities to clients, tribunals, the public and other members of the profession honourably and with integrity in contravention of s. 2.1 of the Code of Professional Conduct and related commentaries thereto.

2. Failed to provide courteous, thorough and prompt service to clients in contravention of s. 3.2-1 of the Code of Professional Conduct and related commentaries thereto.

3.Failed to obtain written consents from each party when acting on behalf of both sides of a transaction in contravention of s. 3.4-7 of the Code of Professional Conduct and commentary 1 in particular.

4. Failed to encourage and/or uphold public respect for the administration of justice in contravention of s. 5.6 of the Code of Professional Conduct and related commentaries thereto.

5. Failed to reply promptly and completely to communications from the Law Society in contravention of s. 7.1-1 of the Code of Professional Conduct.

6. Failed to meet financial obligations in relation to his practice in contravention of s. 7.1-2 of the Code of Professional Conduct.

7. Failed to be courteous and civil and act in good faith with all persons with whom he had dealings with in the course of his practice in contravention of s. 7.2-1 of the Code of Professional Conduct and related commentaries thereto.

8. Failed to answer with reasonable promptness all professional letters and communications from other lawyers that require an answer and failed to be punctual in fulfilling all commitments in contravention of s. 7.2-5 of the Code of Professional Conduct.

9. Failed to fulfill every undertaking given in contravention of s. 7.2-11 of the Code of Professional Conduct and related commentaries thereto.