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Discipline Decision – 2021

https://www.canlii.org/en/nl/nlls/doc/2020/2020canlii121014/2020canlii121014.html

By Order of an Adjudication Tribunal of the Disciplinary Panel of the Law Society of Newfoundland and Labrador, David R. Power was suspended from July 23, 2021 to August 5, 2021, inclusive. David R. Power practices with Perry & Power, Suite 302, 55 Bond Street, St. John’s, NL

The conduct that was found to be deserving of sanction occurred at St. John’s during the period 2010 through 2020. The conduct included failure to respond to communications from a client, failure to advance litigation in a timely fashion, failure to respond to communications from the Law Society, and failure to cooperate with a Law Society investigation.

The Adjudication Tribunal Ordered:

  1. ) The Respondent shall be suspended for 2 weeks, beginning 4 weeks after this Order is served on him;
  2. ) The Respondent shall issue a formal apology to both B.R. and the Law Society;
  3. ) The Respondent shall provide monthly substantive status reports to his client B.R., until the matter is complete;
  4. ) In addition to the statutory requirements regarding publication, this decision shall be published as follows:
    1. ) on the Law Society’s website and provided to CanLII following the expiry of the 30-day statutory appeal period; and
    2. ) provided electronically to the Courts, the appointed Benchers and members of the Society following the expiry of the 30-day statutory appeal period.
  5. ) The Respondent shall pay the costs incurred by the Law Society in relation to these disciplinary proceedings.

Discipline Decision – 2003

http://www.canlii.org/en/nl/nlls/doc/2003/2003canlii52653/2003canlii52653.html

An Adjudication Panel of the Discipline Committee, in a Decision dated October 8, 2003 and pursuant to the Law Society Act, 1999, subsection 46(3) found David R. Power guilty of conduct deserving of sanction.

The matter proceeded by way of an Agreed Statement of Facts. Mr. Power entered a guilty plea to the following violations of the Code of Professional Conduct:

      1. ) failed to provide a proper quality of service contrary to rule (b) contained in Chapter II; and
      2. ) failed to act with impartiality and to avoid a conflict of interest between clients contrary to the rule contacted in Chapter V.

The Adjudication Panel Ordered that the member be reprimanded; that the member pay the expenses incurred by the Law Society in the investigation and hearing of the Complaint; and that publication of the disposition of the Complaint be made in accordance with Law Society rule 9.28.