"Some men see things as they are and say why? I dream of things that never were and say why not? ..... George Bernard Shaw

Truth To Power

www.accesstoinfo.blogspot.com

Good Day Readers:

The Public Eye strikes again! Mr. Bargan is with Orle Davidson Giesbrecht Bargen LLP.

Lawyers
VICTOR E. BARGEN

Victor is a partner with ODGB. His practice has recently expanded to include assisting individuals and families who wish to immigrate to Manitoba. He takes pride in knowing that his clients from India and Europe are successfully contributing socially and culturally to Manitoba's economy.

In addition, Victor continues to successfully represent clients at all levels of the court system in Manitoba, including the Federal Court (Tax Division, Court of Queen's Bench and Court of Appeal).

Victor's clients state that he has the ability to generate the right ideas, and take action as needed to communicate effectively with a variety of diverse individuals, groups and cultures in order to help them meet their goals. His background as a social worker in the Northwest Territories prior to entering law school was the crucibile that melded his personality. In addition to his career as a lawyer Victor can be found 'Up North 'fishing or 'Up Town' singing and performing in a theatrical production.

Victor is curently active with several charitable and community organizations. A former coach, board member and Vice-President at the Robert A. Steen Community Centre; this half marathon runner knows how to encourage those around him in the pursuit of their goals. The words of George Bernard Shaw may best 'sum up' Victor. "Some men see things as they are and say 'Why?' I dream of things that never were and say 'Why not?' " (Emphasis ours)

Direct Telephone: (204) 989-2767
http://www.odgb.mb.ca

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24 May 2009

Manitoba Lawyer Victor Bargen (a/k/a Vic Bargen)

THE LAW SOCIETY OF MANITOBA DISCIPLINE CASE DIGEST

Case 08-06

Member: Victor Erich Bargen

Jurisdiction: Winnipeg, Manitoba

Called to the Bar: June 25, 1992

Particulars of Charges: Professional Misconduct (2 counts)
- Breach of Chapter 16 of the Code of Professional Conduct (Failing to comply with a trust condition imposed on him by another lawyer)

- Breach of Chapter 5 of the Code of Professional Conduct and Practice Direction 93-02 (Acting for clients in a matter and then later acting against the clients in the same or a related matter)Date of Hearing: July 17, 2008

Panel:
- Robert T. Gabor, Q.C.(Chair)
- Brian A. Pauls
- Karen A. Clearwater

Disposition:
- Fine of $1,500.00
- Costs of $3,000.00

Counsel:
- Joe R. Gallagher for The Law Society of Manitoba
- Gavin M. Wood for the Member
___________________________________________
Breach of Trust Condition / Conflict of Interest
___________________________________________
Facts
Mr. Bargen was retained by clients in July 2005 concerning the purchase of a residential property. The clients advised Mr. Bargen that they were arranging a mortgage through a private lender.

Prior to the closing date of the transaction Mr. Bargen received a letter from the vendors’ solicitor enclosing closing documents and keys to the property. The letter stated that the documents and keys were provided to Mr. Bargen subject to certain trust conditions, including that to the best of his knowledge, all conditions precedent to the advance of mortgage funds had or would be complied with excepting only registration of the mortgage and that the keys would not be released until Mr. Bargen had complied with this trust condition.

In fact, as of the closing date, Mr. Bargen had not received mortgage confirmation or mortgage instructions from a mortgagee and the purchasers had not executed the required mortgage and supporting documentation pertaining to a bona fide mortgage loan. Notwithstanding this, Mr. Bargen sent a letter to the vendors’ solicitor confirming that the solicitor’s trust conditions were satisfactory. Mr. Bargen also confirmed that the purchasers had executed the new mortgage and its supporting documentation and he requested confirmation that he could release the keys to his clients.

Based on the representations in Mr. Bargen’s letter, the vendors’ solicitor authorized the release of the keys and the purchasers took possession of the property. Some 18 days later, Mr. Bargen wrote to the other solicitor and advised that the purchasers had been unable to secure mortgage financing for the purchase. By his actions, Mr. Bargen failed to comply with the trust condition imposed on him by the vendors’ solicitor and acted contrary to Chapter 16 of the Code of Professional Conduct adopted by the Benchers of The Law Society of Manitoba (the “Society”).

In respect of the same matter, with Mr. Bargen’s assistance, alternate private mortgage financing was eventually obtained through another client of Mr. Bargen, enabling the purchasers to remain in the premises. With the knowledge and approval of both of his clients, Mr. Bargen acted for the mortgagee as well as the purchasers in the matter. Mr. Bargen advised the parties in writing that in the event of a conflict of interest in the matter, he would be obliged to refer both parties to other counsel.

After one year, difficulties arose regarding the mortgage payments and some months later Mr. Bargen, acting on instructions from the mortgagee, wrote to the purchasers. He demanded payment of the arrears and provided notice that they were to vacate the premises. In now acting for the mortgagee against the purchasers in the same or a related matter, Mr. Bargen was in a conflict of interest. By his actions Mr. Bargen acted contrary to Chapter 5 of the Code of Professional Conduct adopted by the Benchers of the Society and contrary to Practice Direction 93-02 issued to the profession by the Society.

Plea
Mr. Bargen entered a plea of guilty to the charges.
Decision and Comments
Based on his admission to the charges the panel found Mr. Bargen guilty of professional misconduct.

Penalty
The panel accepted a joint recommendation made by the Society and counsel for Mr. Bargen and ordered that he pay a fine of $1,500.00 and costs of $3,000.00. It was further ordered that the fine and costs be paid within one year according to a payment schedule to be agreed upon by the Society and counsel for Mr. Bargen.