Can a lawyer be found guilty of misappropriation?
Ontario, Canada
The following excerpt is from Law Society of Ontario v. Deonarain, 2019 ONLSTH 89 (CanLII):
In Law Society of Upper Canada v. Mikitchook, [1998] L.S.D.D. No. 29 the discipline committee relied on this definition of misappropriation: Misappropriation is any unauthorized use…of clients’ funds entrusted to [a lawyer], including not only stealing, but also unauthorized temporary use for the lawyer’s own purpose, whether or not he derives any personal gain or benefit therefrom…
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a lawyer be found guilty of misappropriation by the Law Society of Upper Canada's discipline committee? (Ontario, Canada)
What is the current standard of conduct for a lawyer who has been found guilty of misconduct by a panel of the Law Society of Upper Canada for failing to comply with the rules of professional conduct? (Ontario, Canada)
What is the test for finding a lawyer to be found unfit to practice as a lawyer? (Ontario, Canada)
What is the appropriate suspension for a lawyer who is found guilty of sexual assault? (Ontario, Canada)
What are the purposes of a penalty for a lawyer or paralegal who is found guilty of gross misconduct? (Ontario, Canada)
What is the penalty for a lawyer found guilty of a series of frauds totalling several millions of dollars? (Ontario, Canada)
What are some cases where a lawyer who drafted a will negligently was found liable to a beneficiary who did not receive an inheritance because of the lawyer’s negligence? (Ontario, Canada)
What factors will determine the penalty of a lawyer who has been found guilty of gross misconduct for 18 years? (Ontario, Canada)
Does a husband’s phone conversation with a lawyer on his cell phone about the possibility of him representing his wife preclude him from retaining the same lawyer later? (Ontario, Canada)
In what circumstances has the Licensee been found guilty of defrauding clients A and B using his licence to provide legal services? (Ontario, Canada)
