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Discipline Decision 2023/2024

2023 CanLII 123659 (NL LS) | Martin (Re) | CanLII

2024 CanLII 34797 (NL LS) | Martin (Re) | CanLII

Summary

By Order of an Adjudication Tribunal of the Disciplinary Panel of the Law Society of Newfoundland and Labrador dated March 14, 2024, Andrew J Martin has been disbarred. As a result, Andrew J Martin has been struck from the Roll of Barristers in the Province of Newfoundland and Labrador and all his rights and privileges as a member of the Law Society of Newfoundland and Labrador have ceased.

Andrew J Martin practiced with Morris Martin Moore at 184 Park Avenue, Mount Pearl, NL. The conduct that was found to be deserving of sanction occurred in 2021 and 2022. The conduct included:

  • Failure to carry on the practice of law and discharge all responsibilities to his clients, the public and other Members of the profession honourably and with integrity;
  • Failure to perform all legal services undertaken on his client’s behalf to the standard of a competent lawyer;
  • Failure to provide courteous, thorough and prompt service to his client or provide the client with a competent, timely, conscientious, diligent, efficient and civil quality of service;
  • Failure to be honest and candid with his client and inform his client of all information known to him that may affect the interests of his client;
  • Failure to properly withdraw from representation of his client;
  • Failure to be courteous and civil and act in good faith with all persons whom he had dealings in the course of his practice;
  • Failure to promptly inform the client of his discovered errors and/or omissions;
  • Failure to recommend that the client obtain independent legal advice regarding the matter (including any rights the client may have arising from the error or omission); and
  • Failure to advise the client of the possibility that he may no longer be able to act for the client.

The Adjudication Tribunal ordered:

  1. The Respondent, Andrew J. Martin, be disbarred.
  2. The Respondent, Andrew J. Martin pay costs to the Law Society in the amount of $4,850.00 plus disbursements.