Reprimand: Be Best!
A failure to promptly respond to a bar investigation and issues relating to a loan transaction drew a reprimand from a Hearing Committee of the Law Society of Alberta.
The reprimand was delivered orally and reprinted in the published disposition.
The text
it is really important to remember as a member of the Law Society that we have a duty to the public. Part of that duty to the public involves responding to the Law Society when they make inquiries of you. In fact we are duty bound to do so from the Code of Conduct and the rules. When you do not respond to the Law Society, and I’ve looked at the Agreed Statement of Facts, for a significant period of time, I appreciate there are many things going through your mind, including not wanting to deal with the problem, maybe you just can’t get it done, I understand all those things, but that is not an excuse to excuse this conduct, so I have to let you know that your conduct in this case fell below the acceptable standard for members of the Law Society.
You have a high duty to the public, you have a high duty to the Law Society, and when you fail to do these things, everybody suffers – the public, the Law Society, the lawyer’s reputation. We expect more of counsel, and in the future, I hope you take this as a strong learning lesson to move forward and respond to the Law Society.
On a side note, the Law Society is truly here to assist you, their job is to make sure you are the best lawyer you can be, and those resources exist for that reason, for all of us. So if this happens in the future, you find yourself in difficulty, I strongly encourage you to reach out to them. They are there to help, their job is truly one to assist you to be the best lawyer you can be.
I won’t comment much about the money, just to say this to you…when you engage in money transactions with clients, they need to be documented, and you rightly point out they require a certificate of independent legal advice. I know that is not the thrust of this particular application, but I just caution you in the future, if that happens, you have to remember your role as a lawyer. You cannot be giving advice on a transaction between yourself and the client when you are the material lender. To that end, you have to remember you have an obligation to your client, to the public, to ensure they understand the circumstances and, of course, the benefits and detriments to doing that.
…I take from this you do not have a prior discipline record. I think this will probably be a learning experience for you and I think the sanction is reasonable so that is how we will leave it today. So again, I wish you the best of luck.
(Mike Frisch)