A Polite Reprimand For Offensive Remarks To Potential Client
The Law Society of Alberta reprimanded an attorney on these facts
In November 2016, Austin Nguyen had a preliminary meeting with V.N. regarding providing independent legal advice on a marriage contract. When Mr. Nguyen discovered that V.N. was in a same sex relationship with another woman, he asked V.N. unprofessional and offensive questions, and made unprofessional and offensive comments about her private relations with her wife.
Subsequently, Mr. Nguyen was interviewed by two Law Society investigators on March 28, 2017. In that interview, Mr. Nguyen denied that he had asked the unprofessional and offensive questions, or made the unprofessional and offensive comments about V.N.’s private relations with her wife.
The Law Society of Alberta (LSA) and Mr. Nguyen entered into an Agreed Statement of Facts and admission of guilt (the Agreed Statement) in relation to Mr. Nguyen’s conduct. The Conduct Committee found the Agreement Statement acceptable. The Agreement Statement is appended to this report for reference.
The text of the reprimand
Members of the public depend on lawyers to provide impartial and ethical legal advice in times of need. When lawyers make unprofessional or offensive comments in the context of a solicitor-client relationship, or a potential solicitor-client relationship, it erodes the public’s confidence in the legal profession. It also erodes the trust of the client or potential client, and trivializes the legal problem or issue the client, or potential client, was seeking advice on. By making offensive comments and by not conducting yourself with the proper tone of professional communications, you breached an obligation to the profession, V.N. and the public. Lawyers belong to an independently regulated profession, and with the privilege and independence we have an obligation to be accurate in all our communications with the Law Society. Your failure to be candid with the Law Society investigators reflects poorly on you and the profession. By failing to be candid, you breached your obligation as a professional.
However your efforts since are a sign that you have learned from this incident. I also trust that this incident and these proceedings will serve to make you a better lawyer in the future. In making these comments today, I urge you to constantly remember what is required by you as a member of the legal profession.
Sir, I wish you the best as you move forward from this incident and thank you for your attendance today
He was also fined and ordered to pay costs. (Mike Frisch)