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Sunday July 30, 2000 Oakville Beaver Weekend 11 Lawyers not immune to temptation Every law yer I know strives to do an excel , lent job for his/her clients. But lawyers know there are those am ong us who, for a variety of reasons, are unable to carry out their duties as lawyers keeping in m ind their ethical and pro fessional responsibilities to the profession, their fellow lawyers and their clients. Although I am som ewhat reluctant to do this (no one wants to discuss the `rotten apple' in their group), I though you might be interested to know some o f the ways in which lawyers have found them selves in hot water. The following inform ation was taken from the N ovem ber/D ecem ber 1999 edition o f Ontario Lawyers G azette, a publication o f the Law Society o f U pper Canada (the Ontario Bar). In this publication, the dreaded D iscipline Digest. Although these nam es are public infor mation, I ju st can 't bring m yself to repeat them. M isappropriation o f client funds: a 41-yearold male practising in Thunder Bay, called to the Bar in 1986, was disbarred in Septem ber 1999 after having been found to have m isap propriated a total o f more than $300,000. , hav ing m isappropriated m ore than $280,000. in order to com plete transactions for other clients, for having forged the signature o f his client on a docum ent w hich authorized paym ent o f $125,000 to him self and failed to produce doc uments to the Law Society in regards to com plaints received by the Law Society, despite num erous requests to do so. Failure to release client's file: a 58-year-old male practising in Ottawa, called to the Bar in 1973, was perm itted to resign if he complied with the conditions set by the Law Society of Upper Canada, failing which he would be dis barred. He found him self before the Law Society when he failed to reply to a fellow solicitor, failed to release his client's file to his successor Decks Decks Decks Decks T F "; '« : ire H I3(CPn(Sf|k>. r iu itT LE S L IE J . S M IT H T he Law o f L ife solicitor in a full or timely fashion, failed to reply to the Law Society and failed to produce books and records in breach of his obligations to report financial information to the Law Society. Borrowing money from a client: a 73-yearold male practising in London, called to the Bar in 1961, borrowed money from his client with out ensuring the client's interests were fully protected by independent legal representation and by failing to disclose the loans to the Law Society as required. He was reprimanded and allowed to continue practising. Forging signatures: a 28-year-old male prac tising in Woodbridge, called to the Bar in 1997, was reprimanded and placed under supervision with many conditions when he was proven to have forged his clients' signatures on affidavits in support of motions and falsely commission ing the affidavits. You w on't normally read about these situa tions in the newspapers. So if you have any concerns about your lawyer, you should contact the Law Society of Upper Canada in Toronto. They will be able to verify any concerns or sus picions you may have. They will also take your com plaints and investigate them. The Law Society is there to govern the legal profession and to protect the interests of the public. L e s lie J. S m ith is a p a rtn e r w ith th e O a k v ille law firm H a x e ll S m ith L a w O ffic e . S h e w rite s re g u la rly in th e O a k v ille B e a v e r o n le g a l issu es. njHJXSXjy >v 7 . WiJtjfTTyrt t t t TZ *crt~ H S S < viT i::i' A c ? C u u a i f H fm C a n 't W a i t t o R e la x ? B u ild in g Y o u r O w n D e c k ? Have our team of professionals build it for you in no time. use the materials, designs and advice that the professionals use. ^ O u r Quality Materials ^ O u r Experience % 0ur Advice ^ O u r Skills % 0ur Accessories .YOUR DECK PROJECT! ^ " % Choose from the Area's Largest selection of Cedar Lumber, Deck Furniture &Accessories prep D elivery Computerized Deck Design Recognized for three years running for best deck design. h o l w *1 T o J ·mi Ron OEW To Toronto C ed ar Muskoka auunom d Call or Visit Us Today! C hair · 126.*5 N O W 3 6 > · a 5 Um 1 a- wwu ro« i * Fairview Street i -- Oakville ·905 847-8233 Buriington ·905 335-0087 a t 7 5 5 G r if f ith C rt. C o m e v is it o u r s h o w ro o m n o w o p t n Saturday July 29 O fc e e titty * 7 o >0 ? < * il(U v t& e & Where Good Food Fun is Never Ending" Brand New to Canada w e 'r e c o m i n g t o B r o n t e V illa g e fir s t! Y o u 'll Love our Unique Menu Great Tim e s on our Patio Open for Breakfast Brunch Saturdays & Sundays 2319 Lakeshore Road West., Oakville Hours: Saturday & Sunday: 8 am - 2 am Monday - Friday 12 noon - 2 am Q O >46>1707