Lawyer Had Sex With Client And Paid Her Fees To His Firm

A Hearing Division of the Law Society of Upper Canada has ordered a 2 1/2 month suspension for

• acting in a conflict of interest while representing a client in a family law matter by engaging in a personal and sexual relationship with the client;

• acting without integrity when he failed to inform his firm that he was involved in a sexual relationship with his client and that his client was unable to satisfy her accounts and that he paid two accounts on her behalf from his own personal funds;

• behaving dishonourably when he sent a series of uncivil text messages and e-mails to his client, some of which implied he may use solicitor client privileged and/or confidential information against her should she fail to reimburse him funds he loaned her over the course of their personal and professional relationship.

TheStar.com wondered whether the sanction was unduly light

In the Macri case, the client was found to be particularly vulnerable. She was a stay-at-home mother to two small children in an unhappy marriage who was financially dependent on her husband, a man who was charged for allegedly vandalizing her personal property, according to the agreed statement of fact. Her court proceeding was described as “complicated and heated.”

For a period of about four months after Macri was retained to represent Client A, they engaged in a “secret consensual sexual relationship.” After that ended, Macri continued an intimate personal relationship with the woman, “which included their shared hope that their romantic relationship would resume once the litigation concluded.”

As the woman’s case dragged on in court, Macri gave her $60,000 over a period of about three months in 2013 to cover her legal fees with the firm and personal expenses — $10,000 of which was characterized as a gift. The client agreed to repay the remaining $50,000 when the sale of her home was completed, according to the agreed statement of fact.

When the sale was completed and she refused to reimburse him, Macri sent her threatening texts and an email “wherein he implied he would divulge confidential and privileged information about Client A to her husband.”

In one text message, he said: “You don’t want to screw me over like this. Your case isn’t over. You still need me.”

She replied: “Don’t blackmail me,” to which Macri said: “Seriously? You want me as an enemy??? Pay what you promised you would. Pay it this week.” She told him he was threatening her, which he denied.

The client then reported the relationship and communications to Macri’s firm. He admitted to having had an inappropriate relationship with the client and loaning her money, and was then fired and reported to the Law Society.

Macri never did recoup the funds he loaned to the client, which his lawyer told the tribunal was money he was saving as a down payment on a home for himself and his two children. He now works on his own, and only this year his practice became financially viable.

(Mike Frisch)