Counsels

The Complaints Authorization Committee counselled a member that poor management of an Estate file and a 10 month delay in obtaining Letters of Probate does not comply with the standard of conduct contemplated by Chapter II, Rule (b), commentaries 7 and 8 of the Code of Professional Conduct.

The Complaints Authorization Committee counselled a member that an alleged conflict by placing personal interests before the client’s interests does not comply with the standard of conduct contemplated by Chapter V, commentary 1, and Chapter VI, rule (c) of the Code of Professional Conduct.

The Complaints Authorization Committee counselled a member that the quality of service provided to the client does not comply with the standard of conduct contemplated by Chapter II, rule b, commentaries 7 and 8 of the Code of Professional Conduct.

The Complaints Authorization Committee counselled a member for failure to obtain a conflict letter from clients when representing all parties in a matrimonial home real estate transaction and for failure to adequately supervise a legal assistant when a potential conflict arose. The Committee counselled the member that such conduct does not comply with the standard of conduct contemplated by Chapter V, commentaries 4, 5, 10 and 11, Chapter XVII, commentaries 3, 4, 5 and 6 and Law Society rule 12.04(d). The Committee also referred the member to Law Society rule 12.07.

The Complaints Authorization Committee counselled a member for failing to follow the client’s instructions with respect to filing an appeal and for the delay in proceeding with the client’s claim. 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), (g) and 8 of the Code of Professional Conduct.

The Complaints Authorization Committee counselled a member for failing to communicate with and to provide prompt service to a client. It appears that no substantial work had been done on the client’s file, a relatively small civil claim, for a period of three years. 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), (b), (h) and 8 of the Code of Professional Conduct. The member was also referred to the Law Society’s Mentoring Program.

The Complaints Authorization Committee counselled a member for failing to communicate with and to provide prompt service to a client. It appears that no substantial work was done, other than a meeting with the client, during a 16 month period. 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), (b), (h) and 8 of the Code of Professional Conduct.

Cautions

The Complaints Authorization Committee cautioned a member that informing a client’s adult children of an outstanding client account, as per the member’s admission (in correspondence dated October 20, 2003), does not comply with the standard of conduct contemplated by Chapter IV, commentary 4 of the Code of Professional Conduct.

The Complaints Authorization Committee cautioned a member that the placing of a second mortgage in the name of the client to the member’s benefit and without the knowledge of the client, as per the member’s admission (in correspondence dated June 20, 2003), does not comply with the standard of conduct contemplated by the Code of Professional Conduct.

The Complaints Authorization Committee cautioned for failing to provide a quality of service in compliance with the standard of conduct contemplated by Chapter II, rule b, commentary 7 of the Code of Professional Conduct.

The Complaints Authorization Committee cautioned a member that the failure to return a client file, for a period of three months in circumstances which may have caused prejudice to the client does not comply with the standard of conduct contemplated by Chapter XII, commentaries 2, 8 (a), (b) and (c) and 11 of the Code of Professional Conduct.