1. The Respondent failed to serve his client T.F., contrary to Rule 2.01(2) of the
a. failing to communicate with or respond to communications from his client in a timely manner, or at all during the course of his retainer; and
b. failing to conduct a proper investigation and analysis of the strength of her case and its chances of success prior to making bold assurances in that regard.
2. The Respondent failed to deposit retainer monies received on behalf of his client T.F. into a trust account, contrary to s. 7 of By-law 9 made pursuant to the
3. The Respondent failed to account to his client T.F. and to transfer her file to her new counsel upon the termination of the Respondent’s retainer, contrary to Rule 2.09(9) of the
4. The Respondent failed to advise his client T.F. of his pending suspension, contrary to s. 9 of By-law 7.1 made pursuant to the
5. The Respondent acted dishonourably and without integrity when he advised the Law Society that he had notified his client T.F. of his pending suspension, when he had not, contrary to Rule 6.01(1) of the
By Decision and Order dated December 16, 2010 the hearing panel ordered as follows:
- The Lawyer is suspended for one month to commence on December 24, 2010.
- There are no costs to the Law Society.
- The Lawyer will refund $5,000 to Teresa Figura payable by June 30, 2011.
- The panel will remain seized of the order regarding term 3 above in the event that there is a prospect of double recovery in the assessment process.
He is a repeat offender: See, Law Society of Upper Canada v. Davies Bagambiire, 2008 ONLSHP 70 (The Lawyer is suspended for two months, commencing March 1, 2008. Upon return to practice, the Lawyer shall be supervised for a period of two years) and Re Bagambiire Formal Hearing Panel Decision, N.S.B.S. 43, November 15, 1990.
Past behaviour is a predictor of future behaviour. Caveat emptor!!!!