Bill Trudell says his client was trying to help a client and didn’t intend wrongdoing.
By Julius Melnitzer | January 3, 2023
The Law Society Tribunal has allowed veteran Toronto lawyer Jerry Nesker to surrender his license after using his trust account to permit transfers of $150 million from abroad for purposes unrelated to the practice of law.
“The case is a useful reminder that lawyers can be disciplined not only for misappropriating funds in their trust accounts but also for misapplying funds or for allowing their trust accounts to be used for purposes other than their law practices,” says Gavin MacKenzie, a former LSO treasurer who practices at MacKenzie Barristers Professional Corporation, a Toronto litigation boutique.
The case is also a lesson that good intentions do not good practice make.
“The fact that my client was allowed to resign reflects his belief that he was only helping his client and didn’t intend to do anything wrong,” says Bill Trudell of William Trudell Professional Corporation in Toronto. “This is not a case of wrongful misappropriation, where the presumptive punishment is revocation.” MORE
Julius Melnitzer is a Toronto-based legal affairs writer, ghostwriter, writing coach and media trainer. Readers can reach him at [email protected] or https://legalwriter.net/contact.
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