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Ungovernable

By Michael Frisch

The Ontario Law Society Tribunal Hearing Division rejected a jurisdictional challenge of a suspended attorney and revoked his license

Richard Desmond Jackman (the Licensee/ respondent) takes the position he is not a licensee and therefore has no obligation to participate in or co‑operate with the Law Society’s investigation of a complaint that he was providing legal services while his licence was suspended. As the Tribunal had explained to him in a previous decision finding he failed to co-operate in another investigation, he is wrong. We ruled the Tribunal had jurisdiction to hear the Law Society’s application alleging that he failed to co-operate in its investigation. Mr. Jackman then informed us that he consented to a finding of ungovernability and to the revocation of his licence. He left the hearing.

The Law Society proceeded to present its evidence and submissions with respect to the allegations. Based on the deemed admissions contained in a lengthy request to admit (RTA) we found the Licensee had failed to co‑operate with the Law Society’s investigations by failing to promptly and completely produce information and documents requested by the investigator. We concluded Mr. Jackman had engaged in professional misconduct as alleged.
 
In considering penalty we found Mr. Jackman to be ungovernable and revoked his licence to practise law effective immediately. We accepted the Law Society’s request for costs in the amount of $10,000 as both reasonable and proportionate. Our reasons for all these decisions follow below.
 
No mitigation
 
There is no statement of remorse, and it appears Mr. Jackman utterly fails to comprehend the seriousness of his misconduct. We have no character evidence. There is no medical evidence to explain the misconduct and, as we have concluded earlier, the misconduct is likely to continue particularly as Mr. Jackman believes, adamantly, that he is not subject to the Law Society’s regulatory authority.
 
(Mike Frisch)
 

Posted in:
Bar Discipline & Process