Misconduct in Canada Gets Attorney Disbarred In Michigan
A Michigan Tri-County Hearing Panel ordered an attorney’s disbarment
Based on respondent’s default, and the evidence presented at the hearing. the hearing panel found that respondent committed professional misconduct when he committed numerous violations of Ontario’s Law Society Act and the Law Society of Ontario’s Rules of Professional Conduct and failed to answer a Grievance Administrator Request for Investigation which alleged that respondent’s license to practice law in Canada had been revoked by the Law Society of Ontario. A Law Society Tribunal found that respondent committed professional misconduct in Canada, which included (a) ungovernability. (b) practicing law while suspended on two occasions, (c) failing to cooperate with five Law Society investigations. and (e) failing to provide contact and other information to the Law Society.
The panel found that respondent engaged in conduct that involved dishonesty, fraud, deceit, misrepresentation, or violation of the criminal law, where such conduct reflected adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer, in violation of MRPC 8.4(b); failed to timely answer a request for investigation, in violation of MCR 9.104(7), MCR 9.113(A), and MCR 9.113(B)(2); and engaged in conduct that was prejudicial to the administration of justice, in violation of MRPC 8.4(c) and MCR 9.104(1).
The panel ordered that respondent be disbarred from the practice of law in Michigan. The panel also order respondent to return any and all client files that remain in his possession to the former client to whom the documents/files belong. Costs were assessed in the amount of $1,671. 67.
The Windsor Star reported on the Canadian sanction.
Branch, also a provincial Conservative candidate in 2011, had had his licence suspended since March 2015 when he was found guilty of professional misconduct by the body that regulates lawyers in the province. Following a subsequent decision of a discipline tribunal of the Law Society of Upper Canada on May 26, Branch’s licence has now been revoked.
The law society cited two incidents in July 2015 and September 2015 when Branch practised law or portrayed himself as able to do so to clients despite being under suspension.
The decision to revoke Branch’s licence also noted how he failed to co-operate with five different law society investigations by not providing requested information and documents.
In addition to having his licence revoked, Branch has been ordered to pay legal costs to the law society in the amount of $6,500 before May 26, 2018, or face interest charges on any unpaid amount.
Branch did not attend the law society tribunal hearing where his licence was revoked. The former lawyer also did not respond to attempts Monday to be reached for comment.
In an interview more than a year ago, Branch told the Star he had no intention of continuing his legal career and planned to pursue other interests.
The formal complaint in the matter notes a communication from the attorney
With all due respect, sir, I have no idea to what you are referring? I suffered a bilateral pulmonary embolism last year, from which I am still recovering. To put it bluntly, “my life is going to hell in a hand-basket.”
I have not practiced law in Michigan in years and I have no clients in Michigan. I maintain a mailing address at the UPS Store in Grosse Pointe, Michigan, which I attend at once every few months to pick up any “straggle” mail from when I used to live, work and/or go to school in Michigan.
That being said, I intend to cross the border this weekend and pick up my mail (depending on how I’m feeling). Hence, if the AGC has sent me something, please scan it and email it to me; otherwise, I will respond once I pick up my mail and I have an idea to what you are referring.
The complaint alleges that there was no further response, (Mike Frisch)