Counsel

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, rules 7.2-1 and 7.2-5, of the Code of Professional Conduct. The member was counselled that where the member is unable to respond to communications for an extended period of time, the member should make reasonable efforts to ensure that clients and opposing counsel are reasonably informed of the delay. This could be accomplished by making arrangements for an out of office reply, for someone else to monitor emails or for someone else to respond to emails.

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 and commentaries 1-5, and Chapter 7, rule 7.2-1, of the Code of Professional Conduct. The Committee acknowledged that lawyers’ practices can be busy and that preparing a substantive reply to client communications may take some time. The Committee specifically counselled the member that, as opposed to no communication, clients may prefer a brief reply to acknowledge receipt or indicate that a substantive reply will follow. This is particularly important where a client is seeking updates over a period of months.

Caution

The Complaints Authorization Committee cautioned a member that the member’s conduct does not comply with the standard of conduct with respect to Law Society Rule 9.43 and Chapter 7, rule 7.1-1, of the Code of Professional Conduct. The member was cautioned that the member ought to be aware of the content of the Act, Rules and Code that govern members of the Law Society. Ignorance of the content does not excuse a failure to report an outstanding judgment against a member. Further, the member is reminded that members must respond promptly and completely to correspondence from the Law Society. Being less than candid does not equate to responding completely.

The Complaints Authorization Committee cautioned a member that the member’s conduct does not comply with the standard of conduct with respect to Law Society Rule 9.44 and Chapter 7, rule 7.1-1, of the Code of Professional Conduct. The Committee takes this opportunity to highlight Law Society Rule 9.44. Members must advise the executive director in writing immediately upon being charged with, upon pleading guilty to or upon being found guilty of any offence pursuant to the Criminal Code of Canada. The Committee cautions the member that the Committee would expect the member to be fully cooperative with any related investigation of such charges or convictions.