Time, Thought And Planning

The Newfoundland and Labrador Adjudication Tribunal disbarred an attorney

Martin accepted retainers from A.T. directly in 2015 and as Guardian ad litem of her daughter in 2017. Martin failed to move A.T’s matters forward from the dates of retention to June 2022 when Martin terminated the solicitor/client relationship.  Martin repeatedly lied to A.T. about the progress being made on the matters and deliberately misled her into believing that settlements of the damages claims had been reached for $190,000. The false information provided to A.T. caused her to adjust her affairs and make plans.  When the truth was ultimately revealed A.T. was justifiably upset at Martin’s deception and the realization that plans made based on Martin’s lies could not be carried to fruition.

Martin did not provide his legal services diligently, honestly or in a timely manner. As regards his client, Martin provided inaccurate, misleading and dishonest information with the intent to convey a state of affairs that was never present. He failed to maintain the standards of practice

Martin with intent to further deceive created a “fake email and memo” under the electronic address of Solicitor T.S. and gave these documents to A.T. The documents clearly suggested that A.T.’s legal affairs were to now be handled by Solicitor T.S. Solicitor T.S. to that point had never spoken to A.T.

The sole purpose of the “fake email and memo” was to deceive A.T.  Martin provided the fake documents to A.T. to shield his failures. The creation of the fake documents also brought an unsuspecting member of The Law Society into the unfortunate circumstance that Martin created with A.T.

Sanction

 While the conduct of Martin was repeatedly dishonest over an extended period of time, his direct actions of fraud, forgery and fabrication as regards the “email and memo” are even more troublesome. Martin acted with an intention to deceive and did so without regard to his client or the interests of others who were unwillingly dragged into the matter. His creation of the “fake email and memo” took time, thought and planning.  This overt act to further cover his actions is considered to be a significantly aggravating factor when it comes to determining sanction.

The decision to disbar was unanimous. (Mike Frisch)