One Fine Day

The Alberta Law Society imposed an additional one day suspension after giving the attorney 30 days credit for time served on a voluntary self-suspension

While preparing the materials to request funding, a then-legal assistant noticed the client’s signature was missing from one of the documents presented to the client two and half weeks earlier. Mr. McHenry was cognizant that the transaction was already delayed, so to avoid further delay, he signed the client’s name on the document (Document) in the presence of the legal assistant, who was instructed to process the Document.

On December 22, 2020 a different transaction was delayed, which caused Mr. McHenry to lose his composure in the office. He threw a coffee mug with enough force to embed it into a wall. Mr. McHenry then announced to those present that he quit and left the office. That incident is not the subject of proceedings, but it illustrates Mr. McHenry’s level of frustration at the time.

The next day, the then legal assistant reported to the Managing Partner that Mr. McHenry added the client’s signature to the Document. The Managing Partner told Mr. McHenry to report himself to the LSA.

On January 8, 2021, the legal assistant noticed a second document that appeared to have the client’s signature added to it. That document is not part of the citation.

The Managing Partner warned Mr. McHenry a second time that he needed to self-report, following which, on January 29, 2021, Mr. McHenry self-reported his conduct to the LSA.

The attorney had voluntarily left practice; prior to that time, he had suffered an eye injury

 The eye injury continued to cause Mr. McHenry chronic pain, light sensitivity, headaches, and nausea. Although he had been advised by his physician to take time off work to heal, Mr. McHenry instead returned to work in February 2020, which was sooner than advised. He did so because of the high volume of work and acute shortage of lawyers and staff at the firm.

Despite his partial loss of vision, Mr. McHenry did not receive any workplace modifications nor additional assistance or resources. He resumed his normal work schedule wearing two pairs of sunglasses to combat light sensitivity from his computer. His medical condition was further complicated by leakage of eye fluid, soreness, headaches, constant pain, irritability, extreme fatigue and nausea. He required constant eye drops for pain and lubrication and was only able to read for short periods of time, which further reduced his ability to focus, diminished by his productivity, and increased his level of stress.

Voluntary cessation of practice

The voluntary removal of a member from practicing encourages the membership to contemplate the obvious benefits of self improvement and wellness. It avoids risk to the public and demonstrates a member has taken responsibility through proactive steps which enhance protection of the public and confidence in the profession. Crediting such conduct by reducing the duration or terms of a sanction is consistent with purposeful interpretation of the legislation and the modern sanction/sentencing model.

Sanction

The Committee also finds the appropriate sanction to be a suspension of 30 days plus one day in accordance with section 72 of the Act.  The remaining one-day suspension was ordered effective as of February 15, 2024.

(Mike Frisch)