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 3, rule 3.6-1, of the Code of Professional Conduct. The member was counselled, that in the future, consideration should be given to issuing ongoing invoices. Particularly, consideration should be given to issuing invoices at significant milestones in a matter, for example when a decision is rendered by the Court, so that the client can provided informed guidance or instruction.

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 7.2-6, of the Code of Professional Conduct. The member was counselled, that in the future, the member should be mindful of 7.2-6 of the Code of Professional Conduct. Where an individual who has retained a lawyer to represent them and that lawyer remains solicitor of record, the assertion of the individual to counsel for the opposing party that they are no longer represented by a lawyer would not negate the application of section 7.2-6.

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 3, rules 3.2-1 and 3.2-2, of the Code of Professional Conduct. The member was cautioned, that in the future, the member must be mindful of the duty to communicate effectively with clients, particularly where the member is unable to fulfill commitments made to a client. Lawyers should ensure that matters are attended to within a reasonable time frame, particularly where a matter might be time sensitive, such as a case where the lawyer/client may run up against a limitation period. If a lawyer can reasonably foresee undue delay in providing advice or services, the lawyer has a duty to so inform the client, so that the client can make an informed choice about his or her options, such as whether to retain new counsel.

The Complaints Authorization Committee cautioned a member that the member’s conduct does not comply with the standard of conduct with respect to Chapter 7, rule 7.2-11, commentaries 4 and 5, of the Code of Professional Conduct. The Committee specifically cautions the member that where a lawyer is unable or unwilling to honour a trust condition imposed by someone else, the subject of the trust condition should be immediately returned to the person imposing the trust condition, unless its terms can be forthwith amended in writing on a mutually agreeable basis.