Toronto, ON 14 May 2007 - The Law Society regulates the legal profession in the public interest.
As part of this mandate, the Law Society's Hearing and Appeal Panels recently heard the following matters. Hearing and Appeal Panels are composed of Law Society benchers - lawyers and lay people who are responsible for determining the appropriate disposition of cases.
The notation following a lawyer's name indicates their year of call to the Bar.
Posted on May 11, 2007
Marva Maureen Jemmott (1971), of the City of Brampton, was found to have engaged in professional misconduct for failing to: promptly respond to communications from the Law Society; maintain the books and records of her law practice; cooperate with the audit of her financial records by failing to attend two scheduled spot audits and failing to provide information to the Spot Auditor as requested; act with integrity by verbally representing to the Law Society that she would freeze her trust account, but then continuing to make withdrawals from it; cooperate with an investigation into her conduct by failing to provide information concerning her conduct and failing to provide financial records as required by the Law Society's Forensic Auditor; and for: misappropriating trust funds totaling $35,411.33; misapplying trust funds totaling $8,415.60; mishandling trust funds totaling $9,383.82; issuing trust cheques that were dishonoured by the bank because there were insufficient funds in her trust account; and transferring funds on account of fees from her trust account to her general account without first delivering fees billings.
By Decision and Order dated April 24, 2007,* the Hearing Panel ordered that:
- The penalty phase of this matter is adjourned to a date to be fixed by the Tribunals Office.
- The Member undertakes not to practice law in the interim.
(Counsel for the Society, Naomi Overend/ Member self-represented)
*By Order dated October 18, 2006, the Hearing Panel ordered the matter adjourned on condition that the Member undertake to not practice law.
Posted on May 9, 2007
Winston Gauntlett Mattis (1997), of the City of Brampton
By Decision and Order dated April 25, 2007, the Hearing Panel found that an Order suspending the rights and privileges of the Member on an interlocutory basis is necessary to protect the public and ordered that:
- commencing on April 25, 2007, and continuing until May 25, 2007, the Member is suspended on an interim interlocutory basis.
- if either party files with the Tribunals Office a motion with respect to fresh evidence or a material change in circumstances by May 25, 2007, then the interim interlocutory suspension of the Member shall continue until the determination of the motion by this Hearing Panel.
- if a motion pursuant to paragraph 2 of this Order is not filed by May 25, 2007, then commencing on May 26, 2007 the Member is suspended on an interlocutory basis pending a final order by a Hearing Panel after the hearing of an application on its merits pertaining to cases 24998 and 25037, which are currently being investigated by the Law Society.
- the Member shall pay costs to the Law Society, in the amount of $5,000.00 within 6 months of the date of this order.
(Counsel for the Society, William Holder / Member self-represented)