By Julius Melnitzer | February 22, 2024
CHAOS RULES IN LAW SOCIETY DISCIPLINE INVESTIGATIONS
A recent Law Society Tribunal (LST) decision leads to the vexing conclusion that a five-year delay in investigating complaints against lawyers causes no prejudice to them. And combined with the ongoing brouhaha about a $400,000 pay raise for a senior executive, it should be fuelling growing suspicions that governance and processes at the Law Society of Ontario (LSO) are a mess.
It took more than five years for the LSO to file a notice of application against 47-year veteran Aurora sole practitioner Brian Allen Sherman after an initial complaint was lodged against him in August 2017. In 2024, Sherman filed a motion to stay for delay.
The LST concluded that the LSO caused excessive delay at both the intake and investigative stages. Although the panel also ruled that Sherman contributed to the delay somewhat, it did not take that period into account in arriving at its conclusion that an “inordinate delay” had occurred.
Still, the LST dismissed Sherman’s motion, reasoning there was insufficient evidence of “actual prejudice of such magnitude that the public’s sense of decency and fairness would be affected”.
Really? Sherman was 66 when the initial complaint arose. He’s now 73. Ask yourself whether any member of the public would agree that having this hang over a senior’s head for seven years because of a regulator’s incompetence is prejudicial.
But don’t ask a lawyer. Time and time again, they keep proving that they don’t think like the public. Read two briefs down for a prime example.
Related Article: Related Article: LST Squirms Its Way to Accepting Reprimand for Jeremy Diamond’s Misconduct
COSTS EXPERT LEAVES ‘SHAMEFUL’ PROFESSION
Jim Diamond, a UK lawyer who is an expert on costs and author of The Legal Extortion Racket, announced that he will leave the profession “ashamed” of what it has become, according to The Law Society Gazette.
Citing hourly rates that have reached £1,600 (C$2943), the former Clifford Turner (predecessor of Clifford Chance) and Allen & Overy practitioner noted that the top 10 UK law firms were charging almost 40% more than in 2019, resulting in revenue gains that exceeded the “total turnover of the top-100 in the early 2000s”.
“From the greed of the law firms to the pathetic inadequacies of the legal regulators, I will depart with what is perhaps a ‘F.U. moment’,” Diamond said.
And his “F.U. Moment”? His just released free Client Guide to Controlling External Legal Fees, designed to “educate buyers of legal services in order to control the madness of legal costs which are totally out of control”.
Related Article: Monkhouse Law v. Belyavsky: Could this be among the worst attempts ever to justify lawyers’ fees?
KEIR STARMER, PRIME MINISTER, KEEPS STUMBLING OVER KEIR STARMER, LAWYER
United Kingdom Prime Minister Keir Starmer was one of Britain’s leading lawyers, including service as Director of Public Prosecutions, before he turned to politics. His “record as the country’s top prosecutor gave him a sharp point of contrast with the chaotic – and often scandal-prone – Tories he replaced”, according to Practice Source, in an article headlined “Loosen up that lawyer brain, say Keir Starmer critics”.
But, citing several media sources, the article concludes that Starmer’s “legal background and his methodical approach to political problems are being talked about as an Achilles’ heel at a time of rising populism home and abroad.”
Related Article: Jones Day & Trump: Thank God for the lawyers
WHICH CANADIANS IN CAR ACCIDENTS ARE MOST LIKELY TO SEEK LAWYERS OUT?
Canada’s tiniest province is the one whose residents are most likely to engage the legal system following car accidents, says a recent study by personal injury law firm Preszler Law, which has offices throughout Ontario.
The study is based on an analysis, using Google Keyword Planner, of car accident lawyer-related keywords over the last 12 months.
Prince Edward Island far outstrips the rest of Canada with 96 car accident lawyer-related legal searches per 100,000 residents. Nova Scotia is a distant second (62), while Newfoundland and Labrador is third (54). Alberta is fourth (33) and Ontario fifth (21), with laggards British Columbia (8) and Quebec (5) ranking ninth and tenth, respectively.
“The study reveals that interest in pursuing car accident claims is notably high in provinces with lower populations,” says a Preszler spokesperson in a press release.
RELATED ARTICLE: Women awarded less for pain and suffering than men
ALEXI CONTAINERS PROMISES SEAMLESS AI WORKFLOW INTEGRATION
Alexi Containers, Alexi’s newest product for large law firms, is a fully private, self-hosted AI solution built to run within a firm’s private cloud ecosystem. It features data security, privacy, customization and scalability processes, enabling firms to meet stringent security demands.
The software facilitates modernizing operations by using tailored tools to tackle complex challenges, including managing high-volume litigation, streamlining document review, and automating routine legal workflows.
Related Article: Alexi introduces Advanced Legal Reasoning platform
Julius Melnitzer is a Toronto-based legal affairs writer, ghostwriter, writing coach and media trainer. Readers can reach him at [email protected] or on his website.