Fraud by Alberta Legal Aid Lawyer

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tried to stop working for a client in 2006 when the client didn’t update his file at legal aid and his funding was withdrawn.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