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Conduct and Discipline
The Law Society receives and deals with complaints about lawyers’ conduct. The Society can conduct an investigation and a formal hearing about a lawyer’s conduct when warranted. Included below are links to summaries and digests of decisions from past formal hearings conducted by the Law Society. Also included is a description of the Law Society’s process in dealing with a complaint about a lawyer’s conduct.
Discipline Handout
Formal Hearing Summaries & Digests
06(85-86)
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| Keywords of Summary: | Candour, Communications: ex parte, with court, Integrity |
| Held: | Professional misconduct & Conduct unbecoming |
| Authorities Cited: | Law Society and Legal Profession Act, s. 27(1); Code, Ch. !, V!!!; NSBS V. Oliver; NSBS v. Cragg; Banks v. Hall, [1941]W.W.R. 534 (Sask. C.A.); R. v. Kopyto, 32 O.R. (2nd)585 (Ont. C.A.) |
| Penalty: | Reprimand, Fine $5,000, Apology |
| Closed On: | 88 |
| View Digest |
C(1986)
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| Keywords of Summary: | Trust funds: Accounting for, Trust Accounting (Compliance with Regs.), Quality of service [Competence], Misappropriation, Integrity, Financial Obligations, Failing to Meet, Fees, Conflicts |
| Held: | Professional misconduct |
| Authorities Cited: | Law Society and Legal Profession Act |
| Penalty: | Suspension and Disbarment |
| Closed On: | 89 |
| View Digest |
21(87-88)
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| Keywords of Summary: | Candour |
| Held: | Unprofessional conduct |
| Authorities Cited: | None |
| Penalty: | Mild reprimand, Apology |
| Closed On: | 88 |
| View Digest |
12(87-88)
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| Keywords of Summary: | Fees, Communications: fees |
| Held: | Professional misconduct and Conduct unbecoming |
| Authorities Cited: | Law Society and Legal Profession Act; Code Ch. X; |
| Penalty: | Reprimand, Costs with 30 days as condition of membership |
| Closed On: | 89 |
| View Digest |
01(88-89)
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| Keywords of Summary: | Communications: clients opposite, Government Practice |
| Held: | Professional misconduct |
| Authorities Cited: | Code: Preamble; Law Society and Legal Profession Act |
| Penalty: | Fine $2000 or in lieu Suspension 7 days; Costs |
| Closed On: | 89 |
| View Digest |
06(89-90)
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| Keywords of Summary: | Communications: clients opposite |
| Held: | Unprofessional conduct |
| Authorities Cited: | None |
| Penalty: | Reprimand; Costs |
| Closed On: | 89 |
| View Digest |
24(90-91)
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| Keywords of Summary: | Conflicts: Acting against Former client |
| Held: | Conduct unbecoming |
| Authorities Cited: | Code, Ch. V, IX; Martin v. Gray |
| Penalty: | Reprimand; Member to review Code Ch. 5; Costs $5000 |
| Closed On: | 92 |
| View Digest |
22(90-91)
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| Keywords of Summary: | Conflicts: Acting against Former client |
| Held: | Unprofessional conduct |
| Authorities Cited: | None |
| Penalty: | Reprimand; Member directed to review Code |
| Closed On: | 92 |
| View Digest |
11(c) (91-92)
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| Keywords of Summary: | Conflicts: Acting against Former client |
| Held: | Unprofessional conduct |
| Authorities Cited: | Code, Ch. V |
| Penalty: | Reprimand; Member to review Code, Ch. V |
| Closed On: | 94 |
| View Digest |
10(91-92)
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| Keywords of Summary: | Candour, Misleading Law Society, Property practice |
| Held: | Professional misconduct |
| Authorities Cited: | Law Society and Legal Profession Act; Code, Ch. III; MacKenzie: Lawyers & Ethics |
| Penalty: | Suspension 2 weeks, Costs $6000 |
| Closed On: | 93 |
| View Digest |
07(91-92)
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| Keywords of Summary: | Witness, Member as, Integrity |
| Held: | Professional misconduct |
| Authorities Cited: | Code, Ch. 1; Chandler et al. v. Alberta Assoc. of Arthitects [1989]6WWR521(S.C.C.); Charter, ss. 13, 11; R. v Wigglesworth [1987] 2 S.C.R. 541; etc. |
| Penalty: | Suspension, 3 months; Costs |
| Closed On: | 91 |
| View Digest |
17(92-93)
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| Keywords of Summary: | Trust Accounting (Compliance with Regs.) |
| Held: | Unprofessional conduct |
| Authorities Cited: | Regulations, s. 33 |
| Penalty: | Reprimand; Costs (in installments); Accountant's Report every 2 months |
| Closed On: | 93 |
| View Digest |
11(92-93)
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| Keywords of Summary: | Courtesy, Threatening Discipline Complaint / Civil Action |
| Held: | Complaint Dismissed |
| Authorities Cited: | Code, Ch. 15, 16; Alberta Code of Conduct, Rule 4 |
| Penalty: | None |
| Closed On: | 97 |
| View Digest |
16(93-94)
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| Keywords of Summary: | Fees, Misappropriation, Misappropriation: Dealing with Clients? Asset, Misleading Law Society, Quality of service [Competence] |
| Held: | Unprofessional conduct |
| Authorities Cited: | LSPEI v. Dalzell |
| Penalty: | Disbarment; Fine $10000 |
| Closed On: | 94 |
| View Digest |
03(93-94)
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| Keywords of Summary: | Conflicts, Delay |
| Held: | Reprimand and complaint quashed |
| Authorities Cited: | Code, Ch. V; Harvey V. LS Nfld., 88 D.L.R. (4th) 487; McPhee v. LSNB (1983), 1 D.L.R.(4th), 156 |
| Penalty: | None |
| Closed On: | 97 |
| View Digest |
07(94-95)
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| Keywords of Summary: | Candour, Illness, as defense, Integrity, Quality of service [Competence], Restrictions on practice; breach of, Trust Accounting (Compliance with Regs.) |
| Held: | Unprofessional conduct |
| Authorities Cited: | None |
| Penalty: | Permission to resign as discipline penalty; Conditions; Costs |
| Closed On: | 95 |
| View Digest |
08(97-98)
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| Keywords of Summary: | Failing to respond to Law Society, Financial Obligations, Failing to Meet, Insolvency, Judgment against Member, Property practice: Non-Registration of Documents, Quality of service [Competence], Trust Accounting (Compliance with Regs.), Trust funds: Transferred without Consent, Ungovernability |
| Held: | Unprofessional conduct |
| Authorities Cited: | LSPEI v. MacKinnon (distinguished) |
| Penalty: | Disbarment; Costs |
| Closed On: | 98 |
| View Digest |
16(98-99)
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| Keywords of Summary: | Quality of service [Competence], mitigating & aggravating factors, Misappropriation |
| Held: | Professional misconduct |
| Authorities Cited: | Legal Profession Act |
| Penalty: | Suspension 18 mo.; Monitoring 5 yrs after Reinstatement |
| Closed On: | 99 |
| View Digest |
15(98-99)
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| Keywords of Summary: | Trust Accounting (Compliance with Regs.), Misleading Law Society, Misappropriation: Course of Conduct to Conceal, Integrity, Duty to Report to Law Society, Candour |
| Held: | Unprofessional conduct |
| Authorities Cited: | Code, Ch. XV, Xix, guideline 10;"Lang Michener" decision by LSUC, Klien v. LSUC (1985) 50 O.R. (2d) 119; Act; Regulations; MacKenzie: Lawyers & Ethics; NSBS v. Steele; LSPEI v. Hally; LSBC v. McNabb |
| Penalty: | Permission to Resign as Discipline Penalty; Fine $10000; Costs; Condidtions |
| Closed On: | 01 |
| View Digest |
14(98-99)
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| Keywords of Summary: | Misappropriation, Misleading Law Society, Trust Accounting (Compliance with Regs.) |
| Held: | Unprofessional conduct |
| Authorities Cited: | None |
| Penalty: | Disbarment; Fine $7500; Costs |
| Closed On: | 99 |
| View Digest |
07(98-99)
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| Keywords of Summary: | Communications: clients, Criminal conviction: impaired driving, Criminal: perjury, Delay, mitigating & aggravating factors, Quality of service [Competence], Trust funds: Handling of Retainers |
| Held: | Unprofessional conduct |
| Authorities Cited: | Regulations, s. 23(1);LSUC v. Gower |
| Penalty: | Permission to Resign as Discipline Penalty; Conditions re reinstatement |
| Closed On: | 99 |
| View Digest |
01(98-99)
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| Keywords of Summary: | Confidentiality, Files, Release of / Retention, Instructions, Procedure: disclosure of documents, Procedure: relevancy of evidence |
| Held: | Reprimand and investigation decision quashed |
| Authorities Cited: | None |
| Penalty: | None |
| Closed On: | 02 |
| View Digest |
37(99-00)
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| Keywords of Summary: | Independent legal advice, Fees, Conflicts: with Client, Business Relationship with Client |
| Held: | Reprimand quashed |
| Authorities Cited: | MacKenzie: Lawyers & Ethics; Code, Ch. VI; Legal Profession Act, s. 38; Code: Preface, p. viii |
| Penalty: | None |
| Closed On: | 03 |
| View Digest |
11(00-01)
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| Keywords of Summary: | Candour, Fabricating court documents, Misleading Law Society, mitigating & aggravating factors, Non-practicing / Non-Insured / Acting in Other, Quality of service [Competence] |
| Held: | Professional misconduct |
| Authorities Cited: | Codes: Ch. 1,3; MacKenzie: Lawyers & Ethics |
| Penalty: | Permission to Resign as Discipline Penalty; Conditions for re-admission; Costs $10,000 |
| Closed On: | 01 |
| View Digest |
24(01-02)
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| Keywords of Summary: | Inducement to withdraw complaint |
| Held: | Unprofessional conduct |
| Authorities Cited: | Code: Ch. IX, s. 2(i) |
| Penalty: | Reprimand; Costs $3000 |
| Closed On: | 05 |
| View Digest |
08(99-00)
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| Keywords of Summary: | Bias, Apprehension of , Confidentiality, and Conflicts, Conflicts, Government Practice |
| Held: | Reprimand and decision by Investigation Committee quashed |
| Authorities Cited: | Code, Ch. X, XIII, XV, XIX; MacDonald Estate v. Martin, [1990] 3 S.C.R. 1235(S.C.C.) |
| Penalty: | none |
| Closed On: | 01 |
| View Digest |
03(99-00)
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| Keywords of Summary: | Candour, Fees, Integrity, Misappropriation, Misleading Law Society, Quality of service [Competence] |
| Held: | Unprofessional conduct |
| Authorities Cited: | None |
| Penalty: | Disbarment; Fine $7500; Costs |
| Closed On: | 00 |
| View Digest |
25(00-01)
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| Keywords of Summary: | Candour, Fabricating court documents, Misleading Law Society, mitigating & aggravating factors, Non-practicing / Non-Insured / Acting in Other, Quality of service [Competence] |
| Held: | Professional misconduct |
| Authorities Cited: | Code: Ch. 1, 3; MacKenzie: Lawyers & Ethics |
| Penalty: | Permission to Resign as Discipline Penalty; Costs $10,000 |
| Closed On: | 01 |
| View Digest |
02(01-02)
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| Keywords of Summary: | Duty to Report to Law Society |
| Held: | Unprofessional conduct |
| Authorities Cited: | Code: Ch. XV |
| Penalty: | Reprimand; Costs $6000 |
| Closed On: | 05 |
| View Digest |
03(05-06)
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| Keywords of Summary: | Estate practice, Quality of service [Competence], Trust Accounting (Compliance with Regs.) |
| Held: | Unprofessional conduct |
| Authorities Cited: | Act, ss. 37, 44; Regulations 36A(2)(f), 36A(3)(a), 36(8), 36(8)(b), Code, Ch. 8,2,5 |
| Penalty: | Reprimand, Monitoring 12 months at Member's cost |
| Closed On: | 06 |
| View Digest |
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