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Discipline Decision – 1987

https://www.canlii.org/en/nl/nlls/doc/1987/1987canlii997/1987canlii997.html

Summary

It was alleged that:

  1. ) in 1982, the Respondent committed professional misconduct in that he presented a receipt, issued in the Registry of Deeds for a cheque tendered in payment of registration fees on a deed or deeds, to a clerk in the Registry of Deeds and represented it to be a receipt evidencing payment of his account for photocopies obtained from, and payment for which was due and owing to, the Registry of Deeds.
  2. ) in August, 1983, the Respondent committed professional misconduct in that he presented a receipt, issued to him in the Registry of Deeds evidencing payment, by a cheque in the amount of $400.00, for photocopies, to an employee of the Registry of Deeds and represented it to be a receipt evidencing that his professional searching fee of $400.00 had been paid.
  3. ) the Respondent, in committing the acts alleged in the First Complaint and in the Second Complaint, committed conduct unbecoming a member of the Law Society of Newfoundland in that such acts were such as to bring the Law Society of Newfoundland, the Respondent and other members of the Law Society of Newfoundland and the legal profession generally into contempt, odium and disrepute.

The Panel of the Discipline Committee dismissed the First Complaint. The Panel concluded that the Second Complaint and the Third Complaint have been proven. Benchers accepted the finding of fact of the Discipline Committee, and found James Hearn, a student of the Law Society of Newfoundland, is guilty of professional misconduct in that he:

  1. ) during the month of August, 1983 or thereabouts, produced for employees of the Registry of Deeds, a receipt issued to him in the amount of $400.00 to cover photocopying charges and represented to the said employees that same was a receipt indicating that his professional searching fee had been paid;
  2. ) concealed or willfully failed to disclose material facts to the employees of the Registry of Deeds, Companies and Securities;
  3. ) failed to observe the utmost good faith required by a student of the Law Society of Newfoundland with the public and others;
  4. ) abused his position as a student of the Law Society of Newfoundland for his personal gain and benefit;

AND FURTHER THAT the said James Hearn

has committed conduct unbecoming a student of the Law Society of Newfoundland in that any one or more of his activities as set out above are such as to bring the Law Society of Newfoundland, himself and other students and members thereof and/or the legal profession generally into contempt, odium and/or disrepute.

Benchers suspended Mr. Hearn and ordered that he pay two-thirds of the expense incurred by the Society in the investigation and hearing of the complaint.