Discipline Decision – 2001

http://www.canlii.org/en/nl/nlls/doc/2001/2001canlii25613/2001canlii25613.html

Eric R. Hutton was suspended by Order of Benchers dated April 18, 2001.  Benchers accepted Mr. Hutton’s admission that he is guilty of professional misconduct and of a violation of various principles contained in the Code of Professional Conduct.  The Complaint alleged that Mr. Hutton’s conduct constitutes a breach of the Canadian Bar Association Code of Professional Conduct, Chapters I, II, III, IV and XVII.  Benchers accepted the findings of the Discipline Committee that Mr. Hutton is guilty of misleading three clients.

Benchers Ordered that Mr. Hutton be suspended for a period of 15 months, retroactive to February 26, 2001 and imposed a number of conditions upon his reinstatement as a practising member.  Benchers also Ordered that Mr. Hutton pay the expenses incurred by the Law Society in the investigation and hearing of the Complaint.

Discipline Decision – 2006

http://www.canlii.org/en/nl/nlls/doc/2006/2006canlii38726/2006canlii38726.html

Summary

On September 12, 2006, pursuant to section 48(3) of the Law Society Act, 1999, an Adjudication Panel of the Discipline Committee of the Law Society found Eric R. Hutton of St. John’s, NL, guilty of conduct deserving of sanction.

The matter proceeded by way of an Agreed Statement of Facts wherein Mr. Hutton admitted that he had:

1. ) provided a purported Judgement of the Supreme Court of Newfoundland and Labrador to a client, however, the application for divorce had not been heard and the Judgement had not been issued by the Court;
2. ) provided a purported Court Order to the Maintenance Enforcement Program Office, however, the application for variation had not been heard and the Order had not been issued by the Court;
3. ) released funds directly to a client without satisfying the escrow condition;
4. ) failed to file an application for variation for a 10 month period;
5. ) acted contrary to the instructions of a client;
6. ) failed to appear at Court hearings on behalf of a client;
7. ) failed to respond to requests for information from a client and another solicitor;
8. ) failed to inform a client that he had withdrawn as solicitor;
9. ) failed to maintain sufficient documentation by way of correspondence or notes and record keeping of the standard expected of a reasonable, prudent solicitor; and
10. ) failed to respond to the Law Society of Newfoundland and Labrador concerning three client files.

The Complaint alleged that Mr. Hutton failed to comply with the Law Society Rules respecting trust accounts and discipline, failed to act with integrity, failed to act with competence and to provide a proper quality of service, failed in his duty when advising clients, failed in his duty

respecting withdrawal of services, failed in his duty respecting the administration of justice, failed in his responsibility to the profession generally, failed in his responsibility to lawyers individually; and  failed to avoid questionable conduct.

By Order of the Adjudication Panel dated September 12, 2006, Mr. Hutton was permitted to resign from the Law Society on the condition that he file a written Undertaking with the Law Society that he will not apply to the Law Society of Newfoundland and Labrador for readmission or reinstatement; and such letter of resignation and Undertaking shall be filed within thirty (30) days from service of the Decision and Order.  In the event Mr. Hutton fails to file a letter of resignation and an Undertaking within the prescribed time, the Panel ordered that Mr. Hutton shall be disbarred effective immediately.

Mr. Hutton was also ordered to pay the expenses incurred by the Law Society in the investigation and hearing of the Complaint.

Mr. Hutton’s letter of resignation and his Undertaking as per the Adjudication Panel’s Order were filed with the Law Society on October 13, 2006.