Counsels

Cautions

The Complaints Authorization Committee cautioned a member that the timeliness of the member’s responses to the Law Society, during the investigation of a separate investigation, did not comply with the standard contemplated by the Law Society Rules and in particular rule 9.04(3) and the Code of Professional Conduct, Chapter XV, commentary 2.

The Complaints Authorization Committee cautioned a member that the accounting records of the member’s firm and the member’s continuing failure to comply with the trust account rules over a significant period of time do not comply with the standard contemplated by the Uniform Trust Account Rules and in particular rules 5.02 and 5.04 thereof. This matter originated as a result of trust account record deficiencies arising from the Audit of the member’s law firm in November 2004. The Auditor’s Report following the Audit of the member’s firm in March 2007 identified multiple violations of the Uniform Trust Account Rules. The most grievious of these allegations are the member’s usage of a signature stamp to sign trust cheques and the number of outstanding release registrations.

The Complaints Authorization Committee cautioned a member that the payment of fees from the member’s trust account to a non-lawyer does not comply with the standard of conduct contemplated by Law Society rules 5.04(2)(c) and 8.12(3) and the Code of Professional Conduct, Chapter XI, and in particular commentary 8 thereof.

The Complaints Authorization Committee cautioned a member that the member’s conviction under sections 253(b) and 255(1) of the Criminal Code does not comply with the standard of conduct contemplated by the Code of Professional Conduct, Chapter I, commentary 3 and Chapter XIX, commentary 10.