BARRISTERS AND SOLICITORS - Duties to the profession - Relationship with others - Solicitors’ undertakings

Law360 Canada ( August 20, 2021, 5:23 AM EDT) -- Appeal by MacKay, a lawyer, from a conduct unbecoming ruling by the Law Society of Saskatchewan (“LSS”). The appellant was retained by a client to act on his behalf with respect to the transfer of his interest in an Arizona property to his former spouse. He agreed to the procedure proposed by the Arizona lawyer that he would hold the funds in trust until the executed quit claim deed was received and registered by the Arizona lawyer. Before the quit claim deed was registered in Arizona, the appellant released the settlement funds to his client. The transaction was subsequently delayed by several months after the client refused to sign an affidavit of value required to register the quit claim deed in Arizona. An e-mail exchange between the appellant and his client was admitted into evidence at his disciplinary hearing. The LSS found the appellant was guilty of conduct unbecoming as after agreeing to trust conditions, he failed to comply with those trust conditions by releasing the settlement funds without ensuring the trust conditions had been met. The LSS sentenced the appellant to a reprimand, a $1,000 fine and costs of $11,000....
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