Sunday, May 12, 2019

Charade Ends In Resignation

The Law Society of Alberta accepted the resignation of an attorney

This complaint stems from Mr. Ragan obtaining a loan from a client he had acted for in the past. Mr. Ragan represented that the loan would be partially secured by a mortgage over lands he did not own. He represented to the former client that he would register the mortgage against these lands at the Land Titles Office. He did not take steps to register the mortgage, nor would he have been able to, but he was advanced the funds. When he was asked for verification of the registration of the mortgage at the Land Titles Office, he kept up the charade, both with the former client and the LSA. In June 2015, Mr. Ragan checked himself into a drug and alcohol rehabilitation program in Calgary. In February 2016, he consented to a partial Summary Judgment in favour of the former client in the amount of $1.5 million and almost $250,000 in interest.

Because Mr. Ragan’s application for resignation from the LSA is pursuant to s. 61 of the LPA, and his conduct is the subject of citations issued pursuant to the LPA, this Resignation Committee (the “Committee”) was constituted to hear this application.

Result

Given the outstanding citations, the long and detailed Admitted Facts, the nature of those facts and conduct admitted to by Mr. Ragan, the fact that the Admitted Facts would likely result in disbarment at a hearing, the confirmation of Mr. Ragan’s understanding of the consequences of a s. 61 resignation, and the Statutory Declaration provided by Mr. Ragan, the Committee determined that it was in the best interests of the public to accept the application of Mr. Ragan to resign pursuant to s. 61 of the LPA, effective April 15, 2019.

Consequence

     A resignation under s .61 carries the force of a disbarment under s.1(c) of the LPA

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2019/05/the-law-society-of-alberta-accepted-the-resignation-of-an-attorney-this-complaint-stems-from-mr-ragan-obtaining-a-loan-from.html

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