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Discipline Decision – 1988

http://www.canlii.org/en/nl/nlls/doc/1988/1988canlii1379/1988canlii1379.html

Summary

It was alleged that Greene had:

  1. ) Failed to discharge an undertaking given to another solicitor, and that failure was calculated to derive a benefit to Greene personally,
  2. ) Concealed material facts to his client (“Company A”), in a manner calculated to derive a benefit to Green personally,
  3. ) Commenced or continued to act in a matter in which there was a likelihood of a conflict between the personal interests of Greene and the interest of his client Company A,
  4. ) Commenced or continued to act in a matter in which there was a likelihood of a conflict between the interests of one client (“Client B”) and the interests of Company A, and failed to communicate this conflict to either of his clients,
  5. ) Abused his position as solicitor for Company A for the benefit of Client B,
  6. ) Failed to observe the utmost good faith towards Company A,
  7. ) Knowingly became involved and continued to be involved in an interest outside the practice of law in circumstances where such involvement impaired the exercise of professional judgment of Greene on behalf of Company A, and
  8. ) Concealed and/or aided and abetted the actions of the part of Client A.

Greene pled guilty to committing professional misconduct in that he was guilty of offences 3 and 7 above. Benchers received medical evidence respecting Greene. Benchers agreed that: Greene must pay a fine of $3,000 within 6 months, he must pay the expense of the Law Society in the investigation and hearing of the complaint (approximately $7,000) within one year, and that failure to pay either amount within one year would result in immediate suspension until the amounts were paid.

Discipline Decision – 1994

http://www.canlii.org/en/nl/nlls/doc/1994/1994canlii5269/1994canlii5269.html

Summary

It was alleged that Greene:

  1. ) Failed to respond to reasonable requests for information from the Law Society on two occasions, and
  2. ) Failed without reasonable excuse to keep a client reasonably informed and failed to answer reasonable requests for information from the same client.

The Panel considered that the lawyer appeared almost unconcerned at the hearing, but that he had practiced for a long period without any history of complaints to the Society. The Panel found that there was professional misconduct on the part of Greene and suggested to Benchers that Greene be reprimanded, ordered to pay costs of the Law Society in the hearing and the additional legal costs of the client in his action, and that Greene write a letter of apology to the client. Benchers found Greene guilty of professional misconduct. Greene was fined $1,500.00, ordered to pay the costs of the Law Society in the hearing of the complaints, and ordered to deposit with the Law Society $3,500.00 which would be used to offset the cost of a review of Greene’s law practice. If Greene did not comply with these orders, he would be suspended for an indefinite period.

Discipline Decision – 1998

http://www.canlii.org/en/nl/nlls/doc/1998/1998canlii12287/1998canlii12287.html

Summary

By a decision of Benchers dated March 19, 1998 Richard Greene, QC was found guilty of professional misconduct pursuant to section 52 of the Law Society Act. Benchers reprimanded Mr. Greene pursuant to subsection 52(3)(a)(i) of the Act and ordered him to pay the expenses incurred by the Law Society in the investigation and hearing of the complaint pursuant to section 57 of the Act.

The violation arose from Mr. Greene’s failure to provide a proper quality of service contrary to the rule contained in Chapter II of the Canadian Bar Association Code of Professional Conduct; and to reply to a request for information from the Law Society of Newfoundland contrary to the rule contained in Chapter XIV of the Canadian Bar Association Code of Professional Conduct and to rule 9.05 of the Law Society Rules.