Monday, January 24, 2011

The citation!

Good Day Readers:

As you know we've been closely monitoring the prelude to a Law Society of Manitoba disciplinary disciplinary hearing for Blackie because:

(1) What is the intent of the Complainants? Is it politically motivated?

(2) If they feel so aggrieved by Blakie's alleged misconduct why have they not filed a comtempt of court Motion in the Manitoba Court of Queen's Bench?

(3) Does this action represent a misuse of Law Society resources?

(3) Will a Charter challenge of The Society's authority be launched?

We also believe before it's over precedents will be set that could have a significant impact on the way the LSM conducts business in the future.

Section 79(1) of The Legal Profession Act governing its operations prevents us from identifying the Defendant until after a finding of misconduct if indeed that happens. Although we've inquired as to whether this also includes the Complainants we have not received a satisfactory reply. As soon as we're allowed we will identify the Complainants - you'll recognize the names.

So to this end we've identified the Defendant as Blackie after Jack Boyle's enormously successful fictional character of the 1920s-1950s (radio, films and later television) professional safecracker and jewel thief later turned detective Boston Blackie.
"Enemy of those who make him an enemy ..... friend to those who have no friend that's Boston Blackie!"

To date we've attended two brief preliminary sessions at The Society's Offices with a third scheduled for February 8 at which time the LSM will confirm it has filed it's Motion Brief. To explain. Blackie is challenging the appointment of David M. Skwark (www.filmoreriley.com; davidskwark@filemoreriley.com) claiming in the past while both were on opposite sides of a lawsuit at one point Mr. Skwark threatened Blackie with a defamation lawsuit. Although no complaint was ever filed, nevertheless, it now places Mr. Skwark in a conflict of interest position.

It should be noted:

(i) to the best of our knowledge no publication ban exists either from the Manitoba Court of Queen's Bench or the Law Society of Manitoba preventing publication of this document

(ii) if you can believe this the actual initials of individuals along with that of an organization were used making them readily identifiable. They have been changed to Mr. X, Mr. Y and Organization ZZZ.

A few years ago Blackie resigned from the LSM to practice criminal defence law in another province which he does today

Finally, we plan to attend the disciplinary hearing of Jack King who faces multiple counts in the now infamous Douglas-King-Chapman sex scandal if it's open to the public. We say" if " because there's a provision within The Legal Profession Act by which under certain situations hearings can be held in camera. By comparison Douglas-King-Chapman makes Blackie's case looks like microscopic potatoes.

Sincerely,
Clare L. Pieuk
------------------------------------------------------------------------------------------------------
THE LAW SOCIETY OF MANITOBA
IN THE MATTER OF: BLACKIE
- and -
IN THE MATTER OF: THE LEGAL PROFESSION ACT
________________________________________

CITATION
________________________________________

The Law Society of Manitoba
219 Kennedy Street, MB R3C 1S8
Telephone No.: (204) 942-5571
Facimile No.: (204) 956-0624
C. Kristin Dangerfield
File No.: 10-003-DIS
TO: BLACKIE of the City of Winnipeg, in the Province of Manitoba, lawyer and a member of The Law Society of Manitoba.
TAKE NOTICE that a hearing will be held bya panel of the members of the Discipline Committee established by the Benchers of The Law Society of Manitoba to consider charges laid against you by the Complaints Investigation Committee of The Law Society of Manitoba alleging professional misconduct against you. If you are found guilty of professional conduct, you may be disbarred and your name struck off the Rolls of the Society or suppended from practicing law, or otherwise dealt with by the discipline panel under the provisions of The Legal Profession Act and the Rules of The Law Society of Manitoba. A statement of the charges forms part of this notice and is as follows:
THAT YOU, the said Blackie, called to the Bar in the Province of Manitoba on the 13th day of December, 2004 and registered as a lawyer in the Rolls of The Law Society of Manitoba under the provisions of The Legal Profession Act, and being a member of The Law Society of Manitoba, by your actions, as particularized herein, did commit professional misconduct in that:
1. On or about February 2010, you provided legal advice to a former client Mr. X contrary to Section 20(1) of The Legal Profession Act and without having paid an annual fee pursuant to Section 19 of The Legal Profession Act, and therefore, carrying on the practice of law without a practising certificate without being insured to do so.
2. During the period from January 2010 to March 2010, in your communication with your former client Mr. X , you failed to act with integrity and you failed to encourage public respect for and to try to improve the adminsitration of Justice contrary to Chapters 1 and 13 of the Code of Professional Conduct adopted by te Benchers of The Law society of Manttoba when:
(a) you advised Mr. X how he could publish information in contravention of an Order fo the Court of Queen's Bench issued on May 3, 2006;
(b) you sought and obtained instructions to publish, and did in fact publish information contrary to the said Order; and
(c) you distributed a copy of an unexpunged Affidavit sworn by Mr. X and subject to the May 3, 2006 Order, to various media sources, with accompanying commentary from you to the effect that they were not restricted from publishing same.
3. In correspondence dated February 2, 2010 and February 20, 2010 to your former client Mr. X , you criticized the competence, conduct and advice of other counsel, specifically opposing counsel Mr. Y in ongoing Court proceedings between Mr. X and Organization ZZZ, contrary to Chapter 16 of the Code of Professional Conducted adopted by the Benchers of The Law Society of Manitoba.
AND THEREFORE you did commit professional misconduct.
YOU OR YOUR COUNSEL are required to appear before a panel of the Discipline Committee on Tuesday, October 5, 2010 at 12:30 p.m., at the offices of The Law Society of Manitoba, 219 Kennedy Street, Winnipeg, Manitoba, to set a date for the hearing of the charges against you. If you or your counsel do not attend at the said time and place, the panel of the Discipline Committee, in acccordance with The Rules of The Law Society of Manitoba, may proceed to set the date for hearing in your abaence.
DATED at the City of Winnipeg, in the Province of Manitoba, this 23rd day of September, 2010.
(Signature)
____________________
Marilyn Billinkoff
Deputy Chief Executive Officer of The Law Society of Manitoba

0 Comments:

Post a Comment

<< Home