Counsels

The Complaints Authorization Committee counselled a member that threating criminal proceedings does not comply with the standard of conduct contemplated by Chapter III, commentary 14 and Chapter XIX, commentary 1 of the Code of Professional Conduct.

The Complaints Authorization Committee counselled a member that the member’s conviction under sections 253(b) of the Criminal Code does not comply with the standard of conduct contemplated by Chapter I, commentary 3 and Chapter XIX, commentary 10 of the Code of Professional Conduct.

Cautions

The Complaints Authorization Committee cautioned a member that the member’s failure to maintain a professional tone in his communications with another lawyer does not comply with the standard of conduct contemplated by the Code of Professional Conduct, and in particular Chapter XV, commentary 3.

The Complaints Authorization Committee cautioned a member that the member failed to meet the standards of practice with respect to the practice of Real Estate law in that:

1. ) the files reviewed by the Law Society did not include any evidence that the member met with or spoke with the client nor provided legal advice on a number of real estate transactions; in fact the majority of documents indicated that client signatures were witnessed by legal assistants and documents were signed by legal assistants on behalf of the member;
2. ) conflicts letters were not included in some client files;
3. ) the member signed a blank requisition for funds in at least one client file, which is, in effect, signing an opinion on title in blank form;
4. ) correspondence providing an Undertaking was signed by a legal assistant in at least one client file;
5. ) the member acknowledged that he had signed trust cheques prior to the amount being inserted on the cheque;
6. ) the member acknowledged that he was away from the office for periods of seven to ten consecutive working days, therefore, he was absent from the office for the entire time that the real estate transactions were being dealt with; and
7. ) the activities associated with real estate practice that were completed by legal assistants during the member’s absence indicated a failure to adequately supervise legal assistants in the practice of Real Estate law.

The member’s conduct does not comply with the standard of conduct contemplated by Law Society Rules 5.04(5) and (5.1), and Rules 12.01, 12.02, 12.03, 12.04, 12.06 and 12.07(a); and the Code of Professional Conduct, Chapter V, rule and commentary 5, Chapter XVI, commentary 7, and Chapter XVII, rule and commentaries 3, 4 and 5.

The Complaints Authorization Committee cautioned a member that the member’s acknowledged use of a signature stamp and the member’s failure to obtain or confirm clients’ consent in writing when acting for multiple parties does not comply with the standard of conduct contemplated by rule 5.04(5)(e) of the Law Society Rules, and Chapter V, rule and commentary 5 of the Code of Professional Conduct.