License Revoked
The Ontario Law Society Tribunal Hearing Division has revoked an attorney’s license for billing misconduct.
Allegations
The Law Society brought an application alleging that James Garnet Battin (the Lawyer) engaged in professional misconduct.
In summary, we determined that the Lawyer had:
• selectively omitted and deliberately misreported to LAO the existence of settlement monies that he held in trust that were directly related to his client’s certificate;
• failed to keep his client informed of the status of billings or provide her with copies of accounts as required;
• privately billed his client while her Legal Aid certificate was in place in contravention of the Legal Aid Services Act, 1998, SO 1998, c 26, regulations, and guidelines;
• appropriated $11,849.65 of her settlement funds from trust to pay for the prohibited private billings contrary to LAO rules and an irrevocable direction requiring him to hold those monies until LAO authorized their release; and
• failed to return these funds to his client when directed by LAO to do so. As of the date of our hearing, $3,897.57 remained outstanding.
The attorney is 75 years old and had served as a small claims court deputy judge
[His C.V.] also detailed a history of community service, including coaching minor hockey, representing non-profits and charities, and serving on Municipal and County Council. The latter also involved sitting on committees, boards and commissions.
Sanction
The Lawyer’s conduct reflects a lack of integrity, honesty, and trustworthiness. It was undertaken deliberately in violation of well-established rules, undertakings, and fiduciary obligations; it was done for his personal gain to the detriment of a vulnerable LAO client.
(Mike Frisch)