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: | Andrew Martin |
| Date: | November 25, 2024 |
| Time: | 10:00 a.m. |
| Place: | 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”) has determined that there are reasonable grounds to believe that Andrew Martin (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 Complaint against the Respondent on the basis that the Respondent is guilty of conduct deserving of sanction in that he:
2023-027:
Breached the following sections of the Code of Professional Conduct:
The factual particulars of the Complaint are as follows:
That the Respondent:
i. Failed to complete the work for which he was retained in a timely manner;
ii. Failed to be honest and candid with clients;
iii. Mislead clients with respect to the activity and the status of their files;
iv. Mislead clients about the firm receiving settlement monies;
v. Acted in a conflict of interest in utilizing personal funds to settle matters;
vi. Failed to provide a quality of service at least equal to that which lawyers generally expect of a competent lawyer in a like situation;
vii. Failed to carry on the practice of law and discharge all responsibilities to clients, tribunals, the public and other members of the profession honourably and with integrity;
viii. Failed to report conduct contemplated by section 7.1-3 of the Code of Professional Conduct;
ix. Failed to be honest and candid with the Complaints Authorization Committee in its review of allegation File 2022-039, by failing to disclose additional conduct issues; and
x. Mislead the Law Society with respect to the status of client transition memos.
C2023-033:
Breached the following sections of the Code of Professional Conduct:
The factual particulars of the Complaint are as follows:
That the Respondent:
i. Failed to complete the work for which he was retained in a timely manner;
ii. Failed to be honest and candid with clients;
iii. Mislead clients with respect to the activity and the status of their file; and
iv. Failed to provide a quality of service at least equal to that which lawyers generally expect of a competent lawyer in a like situation.
2023-047:
Breached the following sections of the Code of Professional Conduct:
The factual particulars of the Complaint are as follows:
That the Respondent:
i. Failed to complete the work for which he was retained in a timely manner;
ii. Failed to be honest and candid with his client;
iii. Mislead his client with respect to the activity and the status of her file;
iv. Mislead his client about the firm receiving a settlement offer and providing legal advice based on that offer;
v. Acted in a conflict of interest in utilizing personal funds to settle matters; and
vi. Failed to provide a quality of service at least equal to that which lawyers generally expect of a competent lawyer in a like situation.
C2023-055:
Breached the following sections of the Code of Professional Conduct:
The factual particulars of the Complaint are as follows:
That the Respondent:
i. Failed to complete the work for which he was retained in a timely manner;
ii. Failed to be honest and candid with his client;
iii. Mislead his client with respect to the activity and the status of his file; and
iv. Failed to provide a quality of service at least equal to that which lawyers generally expect of a competent lawyer in a like situation.
2023-065:
Breached the following sections of the Code of Professional Conduct:
Breached the following Law Society Rules:
The factual particulars of the Complaint are as follows:
That the Respondent:
i. Failed to cooperate with the Law Society; and
ii. Failed to respond to communications from the Law Society.
NOTICE OF REFERRAL TO A HEARING
| Respondent: | Susan LeDrew, KC |
| 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 Susan LeDrew, KC (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 Complaint against the Respondent on the basis that the Respondent is guilty of conduct deserving of sanction in that she:
2023-024:
Breached the following sections of the Code of Professional Conduct:
Breached the following Law Society Rules:
The factual particulars of the Complaint are as follows:
That the Respondent:
i. Failed to comply with the Law Society Rules respecting deposits and withdrawals from the trust account, in that money deposited into and withdrawn from her trust account was not directly related to legal services that she was providing;
ii. Failed to address the issue of inactive client trust ledgers arising from her audit, in a timely manner;
iii. Misled the Law Society with respect to the status of inactive client trust ledgers;
iv. Failed to promptly meet financial obligations in relation to her practice;
v. Failed to produce information that was requested as part of the ongoing trust audit; and
vi. Failed to respond promptly and completely to communications from the Law Society.
2024-021
Breached the following sections of the Code of Professional Conduct:
Breached the following Law Society Rules:
The factual particulars of the Complaint are as follows:
That the Respondent:
i. Failed to respond to inquires of the Complaints Authorization Committee by the date set.
NOTICE OF REFERRAL TO A HEARING
| Respondent: | Gregory Stack |
| 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 Gregory Stack (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 Complaint against the Respondent on the basis that the Respondent is guilty of conduct deserving of sanction in that he:
Breached the following sections of the Code of Professional Conduct:
The factual particulars of the Complaint are as follows:
That the Respondent:
i. Failed to act with integrity; and
ii. Engaged in some form of harassment and/or discrimination of another person.