Law Society of Ontario accepts license surrender from lawyer Jerry Nesker who misused trust account

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.

RELATED STORIES BY AUTHOR

Ottawa lawyer James Bowie, accused of sexual misconduct, suspended by LSO in unrelated proceedings

Lawyers may ask courts to invalidate their retainer agreements: Ontario Court of Appeal

OCA confirms lawyers’ duty to communicate terms of retainer clearly

Court analyzes exceptional circumstances or awarding premium costs on contingency fees

Case a reminder law firms must have comprehensive conflict systems

Social Media Auto Publish Powered By : XYZScripts.com