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Counsels

The Complaints Authorization Committee counselled a member for failing to advise a client that the member would be delayed in providing an opinion. The Committee counselled the member that such conduct does not comply with the standard of conduct contemplated by Chapter II, commentary 8 of the Code of Professional Conduct.

The Complaints Authorization Committee counselled a member for failing to respond to a client’s request for information in a timely fashion and for a four month delay in forwarding the file to the succeeding solicitor. The Committee counselled the member that such conduct does not comply with the standard of conduct contemplated by Chapter II, rule b commentaries 7(a) and 7 (b) and Chapter XII, commentaries 8 (a) and 8 (b) of the Code of Professional Conduct.

The Complaints Authorization Committee counselled a member for failing to get instructions prior to representing a client in Court. The Committee counselled the member that appearing in Court without having first consulted with the client does not comply with the standard of conduct contemplated by Chapter II, rule b of the Code of Professional Conduct.

The Complaints Authorization Committee counselled a member for acting for the lender, the vendor and the purchaser of properties for which there were no title deeds registered and for continuing to act subsequent to conflicts arising. The Committee counselled the member to be more prudent in the future in adhering to the principles prescribed by Chapter V of the Code of Professional Conduct.

The Complaints Authorization Committee counselled a member for failure to seek leave of the Court to withdraw as solicitor of record, as prescribed by Supreme Court rule 23.06. The Committee counselled the member that failure to comply with Supreme Court rule 23.06 does not comply with the standard of conduct contemplated by Chapter XII, commentary 3 of the Code of Professional Conduct.

The Complaints Authorization Committee counselled a member for writing correspondence to another solicitor that was inconsistent with the proper tone of a professional communication from a lawyer. The Committee counselled the member that referencing contentious and extraneous issues that are unrelated to the litigation on-going between the parties, does not comply with the standard of conduct contemplated by Chapter XV, commentary 3 of the Code of Professional Conduct.

Cautions

The Complaints Authorization Committee cautioned a member for failure to follow a client’s instructions. The Committee cautioned the member that such conduct does not comply with the standard of conduct contemplated by Chapter III, commentary 4 of the Code of Professional Conduct.

The Complaints Authorization Committee cautioned a member for failure to fulfill an undertaking to provide documentation following the closing of a real estate transaction. The committee cautioned the member that failure to fulfill an undertaking within a thirty-three month period does not comply with the standard of conduct contemplated by Chapter XVI of the Code of Professional Conduct.

The Complaints Authorization Committee issued a strongly worded caution to a member for failure to provide accurate information concerning the member’s role vis- á-vis an Estate and for failure to respond to another solicitor and to the Law Society in a timely fashion. The committee cautioned a member that misrepresenting, to an opposing party, one’s position with respect to an Estate and failing to respond to another solicitor and to the Law Society in a timely fashion does not comply with the standard of conduct contemplated by Chapters I and XVI of the Code of Professional Conduct.

The Complaints Authorization Committee cautioned a member for failure to keep the client reasonably informed and for failure to notify the client of a missed limitation period. The committee cautioned a member that failure to apprise the client of developments with respect to the client’s litigation and failure to advise the client of a missed limitation period for approximately 27 months in that instance, does not comply with the standard of conduct contemplated by Chapter II, commentaries 7 (a), (b), (c), (e) and (k) and chapter III, commentary 10 of the Code of Professional Conduct.