Counsels

The Complaints Authorization Committee counseled a member that a $53,000 loan to a client, without the authorization of the Benchers, does not comply with rule 5.11 of the Uniform Trust Account Rules and with the standard of conduct contemplated by the Code of Professional Conduct, and in particular Chapter VI, commentary 4. The member was also counseled that failing to obtain or confirm the client’s written consent is contrary to the Code of Professional Conduct, and in particular Chapter V, the rule and commentary 5 thereof.

The Complaints Authorization Committee counseled a member that two videos posted to YouTube and the member’s comments posted to Facebook do not comply with the standard of conduct contemplated by the Code of Professional Conduct, and in particular the rule in Chapter XV, the rule in Chapter XVII, commentary 4 and Chapter XIX, commentary 10.

Cautions

The Complaints Authorization Committee cautioned a member that the member’s failure to advise the clients that the member was not representing their interests and recommend that they obtain independent legal advice respecting their rights under the Intestate Succession Act, does not comply with the standard of conduct contemplated by the Code of Professional Conduct, and in particular Chapter XIX, commentary 8.

The Complaints Authorization Committee cautioned a member with respect to the member’s multiple roles in an Estate file. The member was the Solicitor for the Testator, the Solicitor for the Estate, the Executor of the Estate, and by the member’s own request, a Beneficiary of the Estate. The Committee cautioned the member that this conduct does not comply with the standard of conduct contemplated by the Code of Professional Conduct, and in particular, Chapters VI and XIX.

The Complaints Authorization Committee cautioned a member that the payments to a paralegal directly from the member’s trust account, and not identifying same on the client statement of account, does not comply with the Law Society Rules, and in particular rule 5.04(2).

The Complaints Authorization Committee cautioned a member that the member’s failure to disclose a conviction under the Criminal Code, subsection 253(b) in 1990, on an application for the position of Provincial Court Judge, does not comply with the standard of conduct contemplated by the Code of Professional Conduct, and in particular the rules in Chapters I and XIII.

The Complaints Authorization Committee cautioned a member to ensure that the member’s firm’s accounting procedures and practices are in compliance with the Uniform Trust Account Rules 5.04 and 5.11.