Judges can refuse lawyers' withdraw requests: SCOC
By LAURA PAYTON, Parliamentary Bureau
Last Updated: March 26, 2010 7:26pm
OTTAWA — The Supreme Court has backed judges’ authority to overrule lawyers who want to quit clients who don’t have legal aid funding.
Writing on behalf of a unanimous court, Justice Marshall Rothstein said Friday a judge can refuse a lawyer’s request to withdraw but “the authority must be exercised sparingly.”
“A court has the authority to control its own process and to supervise counsel who are officers of the court,” he wrote.
“(But) refusing to allow counsel to withdraw should truly be a remedy of last resort and should only be relied upon where it is necessary to prevent serious harm to the administration of justice.”
Jennie Cunningham, a Yukon lawyer, tried to stop working for a client in 2006 when the client didn’t update his file at legal aid and his funding was withdrawn. The court refused to let her drop the file, sparking a four-year journey to the Supreme Court.
“Ordering counsel to work for free is not a decision that should be made lightly ... access to justice should not fall solely on the shoulders of the criminal defence bar and, in particular, legal aid lawyers,” Rothstein wrote.
Courts should look at several factors if a lawyer tries to withdraw because a client doesn’t pay. Those include whether clients can represent themselves or find another lawyer; the delay for the client; fairness for the defence lawyer and the impact on the Crown, co-accused, complainants, witnesses and jurors.
I have experienced this personally in 2006. My Alberta Legal Aid lawyer handed my evidence in a civil matter over to the opposing lawyer, then quit, knowing Legal Aid would not continue funding. I then had to borrow money to hire another lawyer who could not defend me without the evidence. I risked losing my home if I pursued a trial.
Without proof of perjury, I was counseled to settle. My cost; $31,000.00.
I now have my evidence back through my lawyer, while Alberta Legal Aid, the Law Society of Alberta, and Alberta justice continually deny it's existence and are covering up this lawyer fraud.
Vern Redel
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Lawyer fraud is alive and well in Alberta May 19,2010
ReplyDeleteAfter encountering lawyer fraud in Alberta in 2005 and 2006, in which my Alberta Legal Aid lawyer conspired with an opposing lawyer to relieve me of over $30,000.00 in a civil matter, I filed reports to Alberta Legal Aid and the Alberta Law Society, who are supposed to investigate lawyer complaints. When neither of these public servants would hear my case nor view my evidence I have sent letters to Premiers Ralph Klein and Ed Stelmach, justice minister Alison Redford, and Auditor general Fred Dunn. They have all decidedly swept this under the rug by denying my right to fair hearing.
Here's how it’s done;
Alberta Legal Aid provides a fraudulent lawyer who knows that the system will not prosecute lawyer fraud because in order to prosecute such cases, the Alberta Law society has been delegated with dealing with complaints about lawyers. The Alberta Law Society consists of lawyers who are paid by lawyers, and they bury the complainants in paperwork and make the case more difficult by their so called investigation which consists of asking the crooked lawyers about the problem. The lawyers simply lie. Alberta legal Aid uses the lies to ignore complaints and the Alberta Law Society closes the file. There are no real investigations or any meetings with complainants to view evidence.
Here's how they did it:
My Legal Aid lawyer HH, while representing me as defendant in a civil matter, ignored a set of 86 questions provided to him and enabled the plaintiff LC to lie under oath in a Hearing for Discoveries. My evidence proving she was lying was given to HH who gave it to her lawyer MD, who hid the files away to be kept from being used against his client. The sworn testimony consisting of perjury was submitted as fact by MD and HH then excused himself from the case. Legal Aid refused to provide another lawyer and MD asked for a judgment of a property sale knowing I could not afford a proper lawyer. By this time LC and MD had gone from seeking $16,000.00 to $30,000.00 and a property sale. Without my evidence I was forced to settle.
Note; Some of these lawyers go on to become Alberta judges, since there are no records of fraud. Judges are paid through Alberta Justice. Alberta Justice minister Alison Redford has no previous experience with law nor any type of training or law degree.
What concerns me here is the fact the public is funding a system that allows shysters to operate loosely and freely while our politicians ignore honest complaints while pretending to represent public interest.
Vern Redel
PS; Since posting this I have learned Alison Redford has experience as a lawyer. This gives me more reason to be concerned that she uses her experience to help carry out the corruption.