F Bomb Draws Reprimand
The Quebec Bar Disciplinary Board accepted a joint submission to reprimand an attorney
On June 27, 2022, the respondent received a telephone call from Mr. A, who wanted to retain his professional services, as a lawyer, for a criminal case.
During the telephone call, the respondent informed Mr. A that he was not going to represent him in his criminal case due to a conflict of interest with the latter’s family.
Following the respondent’s refusal to represent him, Mr. A published a negative review on Google regarding the respondent.
On June 27, 2022, Mr. A also sent an insulting email to the respondent.
In response, the respondent sent Mr. A an email on June 27, 2022 with the following words: “ Go fuck yourself ” [sic].
Said email from the respondent is sent from his professional address, “andrew@barbacki.com”. The subject of this email was: “ New Message From Montreal | Criminal Lawyer | Criminal lawyer | Andrew Barbacki .
Provision at issue
Article 4 of the Code of Ethics for Lawyers , retained as a connecting provision, requires the lawyer to act “with honor, dignity, respect, moderation and courtesy”.
Sanction of reprimand by joint submission
Considering the respondent’s absence of disciplinary history over a period of more than 45 years, the public is not at risk.
(Mike Frisch)