2 total
Lawyer suspended for eight months for conduct unbecoming following foreign criminal convictions for drug distribution.
The Law Society brought a conduct application against the respondent lawyer for engaging in conduct unbecoming a licensee, following his criminal convictions in Colorado for distributing and possessing cocaine with intent to distribute.
The hearing proceeded on an agreed statement of facts and a joint submission on penalty.
The Tribunal found that the criminal convictions established conduct unbecoming.
Applying the test for joint submissions, the Tribunal accepted the proposed penalty of an eight-month suspension, noting the mitigating factors considered by the Colorado courts, including the lawyer's mental health and addiction struggles.
The Tribunal also granted a not public order over one document from the foreign court proceedings.
Boundary confirmed based on reconstructed evidence after finding original survey monument was not in its original position.
The applicant sought to confirm the true location of the boundary between his property and the objector's property under the Boundaries Act.
The dispute centered on whether an iron bar found near the street line was in its original position.
The applicant's surveyor concluded the bar had moved and reconstructed the boundary using other evidence, including historical house ties.
The objector's surveyor argued the found bar must be held as an original monument.
The Deputy Director of Titles accepted the applicant's survey, finding that the bar was not in its original position and that the applicant's reconstruction represented the best evidence of the boundary.
