Counsels

The Complaints Authorization Committee counselled a member for failure to respond with reasonable promptness to communication from another solicitor. The Committee counselled the member that failure to respond for a period in excess of three months in that instance, did not comply with the standard of conduct contemplated by commentary 6 of Chapter XVI of the Code of Professional Conduct.

Cautions

The Complaints Authorization Committee cautioned members A and B for failure to act with courtesy and good faith towards each other contrary to the Rule in Chapter XVI of the Code of Professional Conduct. Member A was initially retained to act on a realty transaction. Before the transaction concluded, the client terminated this retainer and retained member B. Member B advised member A that the client had instructed member B to pay member A’s outstanding account on closing. In return member A provided certain work product to member B. On closing there were insufficient funds and the client instructed member B to forego payment of member A’s account. Member B complied with the client’s instructions without advising member A before funds were disbursed.

The Complaints Authorization Committee cautioned member A that his/her conduct in demanding payment by a specific date from member B and threatening civil action failing receipt of same did not comply with the standard of conduct contemplated by the rule in Chapter XVI of the Code of Professional Conduct.

The Complaints Authorization Committee cautioned member B that while no undertaking was found to have been given by member B in the circumstances, the Committee interprets the Rule in Chapter XVI of the Code of Professional Conduct to be sufficiently broad as to oblige member B to advise member A of the change in the client’s instructions in circumstances where such change might be prejudicial to member A’s interests. Member B was advised that it may have been imprudent on the member’s part to have used member A’s work product in the circumstances. The committee also referred member B to note 7 of Chapter XVI.