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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3502
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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If your lawyer is aware that another lawyer (oposition

Customer Question

If your lawyer is aware that another lawyer (oposition lawyer) has committed or has likely commited a crime - Can your lawyer lay charges against the other lawyer- or who lays charges
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello, thank you for the question. That's an interesting situation.

Can you tell me more about what's going on? Don't use details that can identify anyone please.

Customer: replied 1 year ago.
A lawyer representing 2 mortgage clients and himself a third mortgagee on the property seized the property 8 days after being in default and sold the property without public notice and failed to disclose to the other lawyer the balance owing for a third party to pay off the mortgage- also this lawyer had a personal effects assignment that was not legally done and seized personal and company assets of the client and sold them without public notice-then this bad lawyer had garnisments placed. this bad lawyer along with his wife who represented the wronged client in a common law breakup are suing us on behalf of the mortgagees and on and on
Expert:  Ulysses101 replied 1 year ago.

That's messy. What does your lawyer say about it?

Customer: replied 1 year ago.
this has been dragging since May of 2013- our lawyer seems to be reluctant to get moving so I need some ammunition to get him motivated
Expert:  Ulysses101 replied 1 year ago.

You're lawyer is likely stuck in a dilemma.

There are the actions which the lawyer ought to take, which involve contacting the law society to report and for advice from the ethics committee regarding a potential report to the police.

Then there are the actions which will help your case, which involve doing none of that.

Now, since the other lawyer has brought a suit against you, I believe that your lawyer should act. If the opposing lawyer is wrapped up in the finances which are themselves the subject of the litigation, then that's a pretty clear conflict of interest.

You don't want to threaten your lawyer, because you need to have a good working relationship. I recommend that you have a fulsome discussion and meeting and ask your lawyer why nothing is being done about this; maybe there is a reason and you need your lawyer to explain it to you. If that's not satisfactory it's time to get another lawyer.

Perhaps your lawyer is friends with the other. Perhaps your lawyer doesn't want to "rat out" a colleague. Perhaps your lawyer has other cases with this lawyer, and yours doesn't want to risk derailing those cases because of this one. You need to ask the hard questions and insist on answers.

I hope that helps, I don't know if there's anything else I can add. Please reply if there's more to discuss. If I've answered you, I'd appreciate a positive service rating please. That's how I get credit from site for answering you today.

Customer: replied 1 year ago.
Because this is in litigation the law society will not do anything- I simply want to know if my lawyer can lay criminal charges against the ??? lawyer
Expert:  Ulysses101 replied 1 year ago.

He could try. The question is whether doing so will help your case. You need to ask your lawyer about it.

Also, I find it hard to believe that the Law Society will do nothing while the case is ongoing. It's situations like this for which the law society exists in the first place.

Customer: replied 1 year ago.
what are the actions that I can take that don't involve the law society
Expert:  Ulysses101 replied 1 year ago.

None that I'd advise, without discussing with your lawyer first. If you start down this path without your lawyer's knowledge and input then you'll find that your lawyer drops you as a client. I have done so and would again, when my client starts mucking about directly in the case that they are paying me to run.

Expert:  Ulysses101 replied 1 year ago.

Is there anything else about this you'd like to discuss?

Expert:  Ulysses101 replied 1 year ago.

I was thinking about your question today. It's an unusual situation regarding the opposing lawyer having a potential personal interest in the outcome of that particular litigation. Any new developments you'd like to discuss?

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