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The Lawyer From Swastika

By Michael Frisch

A lawyer’s license has been revoked by the Ontario Law Society Hearing Division.

Office location

 Prior to February 16, 2022, the Lawyer operated a general law practice out of his home in Swastika, Ontario, and had multiple trust and general bank accounts associated with his practice.

In a residential property sale

 The Lawyer misappropriated the remaining trust balance of $217,750.66, which should have been applied to discharge the first mortgage on Client A’s property.

There were misappropriations in two other matters.

And

On November 3, 2019, the Lawyer was charged with one count of sexual assault. On March 8, 2021, he entered a guilty plea to the lesser and included offence of simple assault and was sentenced to two years of probation.

On December 14, 2021, the Lawyer was charged with two counts of fraud over $5,000 against TD Canada Trust, in relation to the cheque kiting activities associated with Client B’s real estate matter.

On February 10, 2022, the Lawyer was charged with theft over $5,000 and unauthorized conversion of trust funds, both in relation to Client C’s real estate matter. He was also charged with failing to appear for fingerprinting.
 
On January 20, 2023, the Lawyer dealt with the December 2021 and February 2022 charges by way of a global guilty plea resolution. He pleaded guilty to one count of fraud over $5,000 against TD Canada Trust, and one count of the unauthorized conversion of Client C’s trust funds. These guilty pleas were subsequently struck and re-entered on April 25, 2023.
 
He had failed to report the criminal charges
 
We find that the Lawyer engaged in professional misconduct by failing to report the criminal charges against him, namely the November 2019 charge of sexual assault and the December 2021 charges of fraud over $5,000, contrary to Law Society By-Law 8, s. 2.
 
(Mike Frisch)
 

Posted in:
Bar Discipline & Process