Discipline Decision – 2010
An Adjudication Tribunal of the Disciplinary Panel of the Law Society found Michael H. Duffy of St. John’s, NL, guilty of conduct deserving of sanction pursuant to section 48(3) of the Law Society Act, 1999.
The Complaint arose from comments made about the Respondent’s conduct in the Reasons for Judgment of Butler, J in Duffy v. Duffy, 2008 NLUFC 30.
The matter proceeded by way of a Statement of Agreed Facts. The Respondent pleaded guilty to the allegations as set out in the Statement of Agreed Facts.
The Adjudication Tribunal found:
- ) Mr. Duffy failed to comply with the rules respecting Trust Accounts.
- ) Mr. Duffy failed to comply with the rule respecting Conflict of Interest between Lawyer and Client contained in Chapter VI of the Code of Professional Conduct.
- ) Mr. Duffy failed to comply with the rules respecting Outside Interest and the Practice of Law contained in Chapter VII of the Code of Professional Conduct.
- ) Mr. Duffy failed to comply with the rule respecting the Lawyer as Advocate contained in Chapter IX of the Code of Professional Conduct.
The Adjudication Tribunal Ordered:
- ) The Respondent is reprimanded for the breaches of the Trust Account Rules and Code of Professional Conduct set out in the Statement of Agreed Facts.
- ) The Respondent shall pay to the Law Society the costs of the investigation and hearing of the complaint incurred by the Law Society, in the amount to be assessed by the Law Society;
- ) Publication will be in accordance with the Law Society Rules;
- ) The Decision and Order shall take effect upon service in accordance with the Law Society rule 9.14.