Winnipeg lawyer David Bradley disbarred
Misappropriation, lack of integrity cited by Law Society of Manitoba
David Michael Bradley, described as lacking integrity and unworthy of being a lawyer, has been disbarred following a hearing at the Law Society of Manitoba.
He's also been ordered to pay $22,500 in costs toward the discipline process.
The hearing was told Bradley lied to clients and misappropriated clients funds. In all, he faced 22 charges related to professional misconduct.
He pleaded guilty and consented to the disbarment.
Rocky Kravetsky, counsel for the law society, told the hearing disbarment is the only sanction that will protect the public and protect the reputation of the profession.
Kravetsky called Bradley's lies to clients "big lies — elaborate tales of progress being made on lawsuits that didn't exist...lies about settlements being made when they were not."
Bradley's lawyer Steve Vincent told the hearing his client co-operated fully with the law society's investigation and accepts complete responsibility for his actions.
By pleading guilty and agreeing to a statement of facts, Bradley minimized the inconvenience to the client complainants and to the law society, Vincent told the hearing.
Bradley expressed deep regret for the negative impact on his clients, on other lawyers he dealt with, on his former firm, and on the reputation of the legal profession, Vincent said.
The three citations against Bradley were filed last year and involved about nine sets of clients.
On several occasions, Bradley didn't inform clients he'd received money on their behalf, Kravetsky told the hearing. He said in some cases, Bradley transferred money from one client to another in attempts to cover up what he'd done wrong.
Last year Bradley was handed a one-year suspension that took effect March 1, 2015 following a prior disciplinary hearing that found he had misled clients by fabricating information about their files.
Kravetsky noted that Bradley's conduct had not been corrected by past discipline and therefore nothing less than disbarment would serve the public interest.
The discipline committee panel agreed. Chairperson James McLandress called the case "extremely serious" and said Bradley was "simply unworthy of being a lawyer".
McLandress said Bradley misappropriated clients' funds, not to "put in his pocket" but to cover up his actions.
McLandress said as a result of those actions, some of Bradley's clients had either suffered losses or serious inconvenience.
Compensation available
All lawyers in Manitoba are required to have professional liability insurance, said the law society's chief executive officer Kristin Dangerfield in a statement to CBC News.
"In the event any clients sustained a loss as a result of Mr. Bradley's negligence, compensation is available under the Lawyers Professional Liability Fund which protects clients from the errors or omissions of a lawyer," said Dangerfield.
"With respect to losses caused by the theft of client funds, every lawyer in the province contributes annually to the Reimbursement Fund."
"It is unknown as of today whether any claims will be made against either of the funds by Mr. Bradley's former clients," she said.
After disbarment, lawyers could eventually apply for reinstatement.
Kravetsky said there's no specific rule on how many years must pass before a lawyer can apply, but he said 10 years would be typical. He added a disbarred lawyer would first have to build a record of good character in the community.