Local lawyer’s licence suspended for two months following findings of misconduct

THUNDER BAY – Community attorney, Theodore Scollie, who was uncovered to have engaged in misconduct and conflict of curiosity will have his law licence suspended for two months, a punishment the Law Society of Ontario said could have been a lot heavier.

“The Licensee’s admitted misconduct is extremely major. We doubtless would have imposed a heavier penalty than a two-month suspension had been it not for the joint submission,” the Legislation Culture of Ontario Tribunal ruling reads.

The Legislation Culture of Ontario Tribunal produced its final decision on punishment for Scollie before this thirty day period, after previously acquiring in March 2022 that he engaged in misconduct all through two business transactions amongst December 2013 and December 2016.

Scollie was operating with Erickson’s LLP at the time of the transactions and an investigation into misconduct was released in November 2020.

In accordance to the Legislation Modern society of Ontario’s acquiring, Scollie failed to deliver an sufficient top quality of support for his client through the initially professional transaction.

“He disregarded his client’s guidance and failed to appropriately evaluate the details of the transaction,” the Tribunal said. “His omissions resulted in his clientele, the bank, and LawPRO not remaining thoroughly counselled and protected. These are serious ethical and lawful failures.”

For the duration of a 2nd business transaction, Scollie was uncovered to have acted in conflict of interest by allowing: “confidential and solicitor-customer privileged information and facts to be accessed and utilized by his lover Mr. (Gino) Arnone, whose interests ended up adverse to those of his possess clients.”

Arnone was also operating with Ericksons LLP at the time and the Legislation Modern society of Ontario ruled in April 2022 that he engaged in misconduct. Arnone has since surrendered his licence to follow regulation subsequent the ruling.

Additionally, Scollie also failed to deliver competent solutions all through the next transaction by not communicating with the customer in a timely and successful fashion, failing to abide by client directions, and failing to protect against a further husband or wife in his firm from disbursing his clients’ rely on funds in a manner that was opposite to his clients’ guidance.

There was also a discovering that Scollie unsuccessful to supervise and instruct a serious estate clerk and improperly delegated duties to a non-lawyer, as nicely as mishandling believe in resources by eliminating them with no 1st providing a price billing.

Scollie was first called to the Ontario Bar in 1994 and joined Ericksons LLP wherever he became a companion in 2013.

The Tribunal famous that because the investigation into the misconduct, Scollie has taken techniques to improve his customer administration expertise and is continuing with expert progress programs.

Having said that, the Tribunal also mentioned that the findings of misconduct, as effectively as the prolonged duration throughout which they occurred, was a very serious aggravating factor that had adverse results on Scollie’s client.

“We also take into account that it would have been correct for the Licensee and the business to apologize to [the client], whose religion in the legal career has now been weakened,” the Tribunal explained.

“The job and follow of law is based mostly on trust. A licensee who ignores his clients’ instructions, lets pursuits conflicting with all those of his consumer to prevail, and who delivers incompetent, unresponsive company breaks that believe in, harms his client, and also breaks the self confidence and belief of the community. Such steps provide the popularity of the profession into disrepute.”

The two-thirty day period suspension was aspect of a joint submission by all parties and the Tribunal agreed it is inside of variety of penalties imposed on comparable cases of misconduct.

But the Tribunal observed that it would probably have imposed a heavier penalty had it not been for the joint submission, citing Scollie’s actions as ‘deeply unsettling.’

“It is exactly the form of misconduct that strikes at the coronary heart of the relationship involving the legal career and the public,” the Tribunal said.

A spokesperson with Ericksons LLP stated it was an unfortunate make any difference and the company took energetic measures to rectify it. 

“We believe that the pro-active approach taken by [Scollie] and the business was recognized by the Regulation Modern society Tribunal in accepting the penalty jointly proposed by [Scollie] and the prosecutor for the Legislation Modern society,” the assertion reads. “[Scollie] cooperated absolutely with the investigation, and we take the selection of the Tribunal.”

The spokesperson additional the company is self-assured that revised procedures put in place at will avoid identical incidents from happening in the foreseeable future and mentioned that no client funds have been misappropriated by Scollie or any other member of the agency.   

In addition to the two-month suspension, Scollie will also be required to pay back costs of $27,500. He will have a single calendar year to pay.