Lawyer found to have committed professional misconduct for incompetent representation and misleading the Law Society.
The Law Society of Ontario alleged that the respondent lawyer engaged in professional misconduct by failing to serve a vulnerable refugee client to the standard of a competent lawyer, failing to advise her of the option to apply for Legal Aid for her appeal, sexually harassing her, and misleading a Law Society investigator.
The Law Society Tribunal found that the lawyer failed to meet the standard of competence by inadequately addressing the internal flight alternative in her refugee claim and by filing contradictory medical documents without proper preparation.
The Tribunal also found that the lawyer failed to advise the client of her right to apply for Legal Aid and failed to be honest with the investigator regarding the client's prior Legal Aid certificate.
However, the Tribunal dismissed the sexual harassment allegation, finding that the Law Society did not meet its onus of proof due to credibility issues with the complainant's uncorroborated evidence.
A penalty hearing was ordered to be scheduled.
