Counsels

The Complaints Authorization Committee counselled a member that the member’s conduct does not comply with the standard of conduct with respect to Chapter 7, rule 7.2-4, of the Code of Professional Conduct. The member was counselled, that in the future, the member should be mindful of sending correspondence that could reasonably be considered offensive or inconsistent with the proper tone of a professional communication from a lawyer.

The Complaints Authorization Committee counselled a member that the member’s conduct does not comply with the standard of conduct with respect to Chapter 3, rule 3.2-1, of the Code of Professional Conduct. The member was counselled, that in the future, the member should be mindful to not let long periods of time pass without acting on a file and/or communicating with the client.

Cautions

The Complaints Authorization Committee cautioned a member that the member’s conduct does not comply with the standard of conduct with respect to Chapter 2, rule 2.1, of the Code of Professional Conduct. The member was cautioned, that in the future, the member should be mindful that dishonourable or questionable conduct on the part of a lawyer in either private life or professional practice will reflect adversely upon the integrity of the individual lawyer, the profession more generally, and upon the administration of justice. Whether within or outside the professional sphere, if the conduct is such that knowledge of it would be likely to impair a client’s trust in the lawyer, the Society may be justified in taking disciplinary action.

The Complaints Authorization Committee cautioned a member that the member’s conduct does not comply with the standard of conduct with respect to Chapter 3, rule 3.2-1, commentary 5(b), of the Code of Professional Conduct. The member was cautioned, that in the future, the member should be mindful of being responsive to reasonable requests from a client for information.

The Complaints Authorization Committee cautioned a member that the member’s conduct does not comply with the standard of conduct with respect to Chapter 3, rules 3.2-1 and 3.2-9, of the Code of Professional Conduct. The member was cautioned, that in the future, the member should be mindful that when a client is, or comes to be, under a disability that impairs their ability to make decisions, lawyers will have to assess whether the impairment is minor or whether it prevents the client from giving instructions or entering into binding legal relationships. In the face of a recent medical opinion that a client lacks capacity to make decisions, it is incumbent on the lawyer to consider seeking a further medical opinion before determining that a client now has capacity to make decisions rather than relying solely on the lawyer’s assessment of the client’s capacity.

The Complaints Authorization Committee cautioned a member that the member’s conduct does not comply with the standard of conduct with respect to Chapter 3, rules 3.2-5 and 3.2-6, of the Code of Professional Conduct. The member was cautioned, that in the future, the member should be mindful of Rules 3.2-5 and 3.2-6. Additionally, the member is cautioned that while they have a duty to the client to raise every issue and advance every argument, they must do so by fair and reasonable means. Advancing issues and arguments in a persistent and repetitive manner, without regard for the position taken by an opposing party, may not be viewed as fair or reasonable.

The Complaints Authorization Committee cautioned a member that the member’s conduct does not comply with the standard of conduct with respect to Chapter 3, rule 3.6-11, of the Code of Professional Conduct. The member was cautioned, that in the future, should any amount of fees and disbursements charged by the member be reduced on a review or assessment, including taxation, the member must repay the monies to the client as soon as is practicable.

The Complaints Authorization Committee cautioned a member that the member’s conduct does not comply with the standard of conduct with respect to Chapter 3, rules 3.2-1, 3.2-2, 3.7-8 and 3.7-9, of the Code of Professional Conduct. The member was cautioned, that in the future, the member should be mindful that regardless of whether it is likely that a client will accept an offer, absent instruction to the contrary, an offer should be brought to the attention of the client. The Committee noted that the decision of whether to accept or decline a settlement offer rests with the client. The Committee specifically highlighted section 3.2-2 of the Code of Professional Conduct which states, “When advising a client, a lawyer must be honest and candid and must inform the client of all information known to the lawyer that may affect the interests of the client in the matter.” Additionally, the Committee highlighted that when returning a file to a client or a new lawyer, it would be reasonable for a lawyer to have some oversight of the file production to ensure that relevant and necessary information is included.