Expletives and Cocoa Puffs?
THE LAW SOCIETY OF MANITOBA
DISCIPLINE CASE DIGEST
Case 09-01
Member Sherry Denise Ritchot
Jurisdiction: Winnipeg, Manitoba
Called to the Bar: June 15, 2000
Particulars of Charges: Conduct Unbecoming:
- Breach of Chapters 1 and 9 of the Code of Professional Conduct [failing to act with integrity and to treat the tribunal with courtesy and respect when appearing on her own behalf before a tribunal]
Dates of Hearing: September 18 and 28, 2007, February 6, March 17, August 27, September 23 and 29, October 16, 2008
Date of Sentencing Decision: December 18, 2008
Panel:
- Donald R. Knight, Q.C., Chair
- James W. Hedley
- Robert Gabor, Q.C.
Disposition:
- Reprimand
- Suspension of practising certificate until the member provides a medical report as to her fitness to practice law, satisfactory to a Discipline Panel of The Law Society of Manitoba
- Costs of $8,500.00, payable within two years from the date the certificate is re-issued in the event of a finding that she may return to practice.
Counsel:
- C. Kristin Dangerfield for The Law Society of Manitoba
- Member Unrepresented
__________________________________________________
Breach of Integrity / Failing to Treat Tribunal with Courtesy and Respect
__________________________________________________
Facts
Ms Ritchot represented herself at a Pre-Hearing Conference on November 24, 2006 before an administrative tribunal. There was discussion about the evidence and witnesses to be called at the hearing and the amount of time required to complete the matter. There was a verbal confrontation with the Chairperson of the tribunal during which Ms Ritchot swore at the Chairperson.
Plea
Ms Ritchot entered a plea of not guilty.
Decision and Comments
The Panel concluded that Ms Ritchot used language that was disrespectful and inappropriate at the Pre-Hearing Conference and failed to conduct herself with integrity and to treat the tribunal with courtesy and respect, contrary to Chapters 1 and 9 of the Code of Professional Conduct. The Panel found her guilty of conduct unbecoming a lawyer.
Penalty
The Panel received psychological evidence at Ms Ritchot’s sentencing and concluded that a further assessment of her fitness to practice was required prior to determining whether her practising certificate ought to be re-issued. The Panel ordered that Ms Ritchot’s practising certificate would be suspended until she provided a detailed medical report at a hearing before a Discipline Panel to consider the issue of her fitness to practise law. The Panel declined to order that Ms Ritchot be required to practice under supervision. Ms Ritchot was ordered to pay costs in the amount of $8,500.00.
Ms Ritchot has filed an appeal from the Panel’s decision to the Manitoba Court of Appeal.
1 Comments:
Clare,
Exactly right. A little cheap and tasteless as a photographic metaphor, but I think the irony and humour more than make up for it.
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