Can a lawyer be reprimanded for offensive correspondence that is inconsistent with the proper tone of professional communication?
Ontario, Canada
The following excerpt is from Law Society of Upper Canada v. Ernest Guiste, 2011 ONLSHP 129 (CanLII):
In Law Society of Upper Canada v. Hollyoake, [1991] L.S.D.D No. 114, the lawyer was reprimanded for offensive correspondence that was inconsistent with the proper tone of professional communication. He also was found to have threatened criminal prosecution to secure civil advantage for his client and taping a conversation with a lawyer without her knowledge or consent. The lawyer had no previous discipline record.
"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
Is offensive allegations and offensive rhetoric directed at a party by a party that has been accused of using offensive language? (Ontario, Canada)
How have the courts treated a claim of professional privilege in relation to communications made in order to get advice for the purpose of carrying out a fraud? (Ontario, Canada)
Can a lawyer be held liable for a binding deal that was negotiated prior to the lawyer even being retained? (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 is the test for cross-purposes communication in the context of cross-party communication? (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)
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)
Can a lawyer be held liable for failing to provide the proper instructions? (Ontario, Canada)
Can a lawyer or paralegals who fail to maintain proper books and records prevent the Law Society of Upper Canada from fulfilling its duty to regulate them? (Ontario, Canada)
What is the legal test for obtaining a certificate of professional conduct under the Canadian Professional Association of Chartered Accountants? (Ontario, Canada)
