Tuesday, February 20, 2024

Fine For Email

The Quebec Bar Disciplinary Board has ordered a fine as the appropriate sanction for an intemperate email

  In Quebec, on March 20, 2023, while representing the mother in a case before the Court of Quebec, youth division, failed in his duty to act with honor, dignity, integrity, respect , moderation and courtesy to Me A., attorney for the plaintiff, by sending her the following email:

“Stop pissing me off arrogant.... it's your duty, the delays were caused by your client and the father. So get the father's position, rather than pissing me off with useless spam. » (sic)

Thus contravening article 4 of the Code of Ethics of Lawyers 

The email in French

 Arrète de me faire chier arrogante .... fait t devoir, les délais ont été occasionner par ta cliente et le père. Obtient donc la position du père, plutôt que de me faire chier avec t pourriel inutile. » (sic)

Priors

  The complainant's evidence reveals the existence of a warning from the Office of the Syndic of the Barreau du Québec given to the respondent in October 2009 for disrespectful remarks he allegedly made towards a client 

Furthermore, the respondent has a disciplinary history following a decision rendered by the disciplinary council of the Barreau du Québec having imposed a reprimand on him for having communicated with a social worker from a youth center then that she was represented by a lawyer. 

Sanction

After analysis, the Council decides to accept the complainant's suggestion of sanction and to impose on the respondent a fine of $3,500 as well as payment of the disbursements provided for in the fourth paragraph of article 151 C. prof .

Without giving undue importance to exemplarity, the Council considers that this sanction imposed on the respondent sends a clear message to other lawyers not to adopt the respondent's conduct.

This sanction is necessary to ensure the protection of the public . It is sufficiently dissuasive for the respondent and, through its exemplary nature, it will dissuade other members of the Quebec Bar from committing an offense of the same nature.

It also takes into account the respondent's right to practice his profession as well as his rehabilitation.

(mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2024/02/fine-for-email.html

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