Wednesday, April 22, 2009

Brilliant Public Eye! Brilliant!

Truth To Power
Good Day Readers:
Looking at the picture in The Public Eye's latest post conjured up this thought - why doesn't the Law Society of Manitoba, besides it's usual penalities, force transgressors with "recidivism tendencies" to appear in the town square with blackboard and chalk wearing a dunce cap to write, "I will be good."
Under the proposed plan it would be 1,000 times. Subsequent offenses would increase as a geometric progression - 2,000, 4,000, 6,000 ..... - seems to us some lawyers would be there a few days. But there's more to the proposal.
For repeat offenders the public would be allowed to pelt them with old fruit and veggies (Beter than a good stoning!) while they're doing "their homework." We'd even be prepared to set up a stand on site to sell you old product at a deep discount with all monies collected donated to charity. Sound like a plan?
What's wrong with these people don't they realize most clients searching for an attorney Google them first - can't be good for business!
Clare L. Pieuk
Manitoba Lawyer David Davis
Case 08-05
Member: David Hirsch Davis
Jurisdiction: Winnipeg, Manitoba
Called to the Bar: June 29, 1989
Particulars of Charges:
Professional Misconduct- Breach of Rule 5-43(1)(f) [overdrew 33 individual client trust ledger accounts by failing to deposit or cause to be deposited into pooled trust account trust money as soon as practicable after receipt]
Date of Hearing: January 8, 2008
- Robert A. Dewar, Q.C., Chair
- William R. Johnston
- Jon van der Krabben
- Reprimand
- Costs of $2,500.00
- Darcia A.C. Senft for The Law Society of Manitoba
- Rocky Kravetsky for the Member
Failure to Deposit Funds to Trust Account
Over the course of 11 months from January 2005 through to and including November 2005, trust monies totalling $29,471.79 were deposited in error into Mr. Davis’ general account as a result of a problem with a service provider in respect of payments made through a credit card. The error was noted by Mr. Davis and he instructed his support staff to follow up on the matter. However, the problem with the service provider and the bank was not resolved and trust monies continued to be deposited into the general account.As a result of Mr. Davis’ failure to deposit or cause to be deposited into his pooled trust bank account the trust monies as soon as practicable, he overdrew 33 individual client trust ledgers. Mr. Davis reviewed and signed off on his monthly trust reconciliations and was in a position to take steps to rectify the errors that had been made. However, he failed to do so until the Law Society brought its concerns regarding the situation to his attention and directed that a specified sum be deposited into his pooled trust bank account. Upon transferring those monies, the problem occurred again and the Law Society again directed Mr. Davis to deposit a specified sum into his trust account. The situation was not fully rectified until December 16, 2005.PleaMr. Davis entered a plea of guilty to the charge.
Decision and Comments
The Panel found Mr. Davis guilty of professional misconduct based on his admission to the charge. The Panel noted that an innocent error from a service provider was compounded by Mr. Davis’ failure to correct it within a reasonable period of time. The conduct warranted a charge and a conviction.
The Panel accepted the joint submission of counsel for the Law Society and counsel for Mr. Davis and ordered that:(a) Mr. Davis be reprimanded for his conduct; and(b) Mr. Davis pay $2,500.00 to the Society as a contribution towards the costs associated with the investigation, prosecution and hearing of the matter.


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