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| Barbara J. Murchie |
This is Barbara J. Murchie, chair of the Law Society of Upper Canada hearing panel. She may not look intimidating but the fate of Jack George McGee lies in her hands along with two other panel members. Lawyers and Paralegals have rules of conduct that they have to follow. After all, could you imagine the types of behaviours Lawyers and Paralegals could get away with if they had no repercussions? Most of you might believe that they get away with a lot and could even get away with murder but our most valuable notion that we have learned from our high school law class is that no one is above the law. Not even those who study the law and know the inner workings of it inside and out.
Complaints to the Law Society of Upper Canada are taken very seriously and once reviewed, the panel holds a hearing to assess the evidence against that Lawyer or Paralegal and impose a penalty. There are various penalties depending on the breach of conduct and you will see the variety of penalties laid out in these next few blogs.
Jack George McGee was a lawyer who gave an undertaking (promise) that he would not practise real estate law. It’s funny because, Lawyers are those types of people who will try to find their way around… pretty much anything. He met with clients and either witnessed or commissioned closing documents. When questioned about it, he told a member of the Law Society of Upper Canada, that he met with clients only as a “clerk”. The Panel found that he was exhibiting professional misconduct of breach of undertaking in relation to s. 33 of the Law Society Act.
Everything is done formally and those charged with a misconduct are served with a Notice of Application.
At the time of reading this case a penalty had not been imposed, but I’m sure one has been entered now. I am interested in what you think his penalty should be for breaking his promise?
Eight Months after McGee’s undertaking, he stopped his practises as acting as a clerk when the Law Society of Upper Canada started to question his activities. Do you think that his actions prove guilt that he knew what he was doing was wrong?
Mr. McGee never even showed up for his hearing. Do you think that his penalty should be stiffer?
Information obtained from Law Society of Upper Canada v. Jack George McGee, 2012 ONLSHP 0125 Case
Clearly, Mr. McGee is guilty and his disappearance not suspicious in fact it is expected. Evidence supports the phrase "guilty until proven innocent" for Mr. McGee. Exploitation is common when one party has limited information of legal proceedings.
ReplyDeleteIt's actually innocent until proven guilty.
DeleteWhat was his penalty? You said... "should his penalty be stiffer".
ReplyDeleteAlso, why can't he offer advise as a clerk? He has the knowledge... since is not allowed to practice as a lawyer does that bar him from offer advice as a clerk? Many time, a clerk actually does all the work for the lawyer... and may even be more knowledgeable.
I think he might be frustrated with the society... maybe the rules need to be clarified.
When he took his undertaking, he esentially sworn not to practise real estate law asnd whether he was acting as a clerk by commissioning the documents or not, he was not allowed to partake in it
DeleteI find the implication that lawyers and paralegals try to wiggle out of repercussions a lil disturbing. Mr. Mc McGee should not have violated clients trust by closing cases if he claims to be just a mere
ReplyDelete" clerk"
I agree.
DeleteIn order to assess whether Mr. McGee should be penalized further more information is needed. What is Mr. McGee's field of expertise? Why has Mr. McGee agreed not to practice real estate law? Did Mr. McGee agree not to practice real estate law as a result of a disciplinary action in regards to miss-conduct in this area?
ReplyDeleteIn regards to him acting as a "clerk" the question is what role did he play in the closing proceedings? Was he exercising power of attorney? Was he advising a client during the process? acting as a notary?
I don't believe because he has changed his behavior he is admitting guilt. I believe if his guilt can be proven in this instance it would be because his duties and responsibilities are well outlined and he disregarded those duties by claiming he was "ignorant".
I like your line of thought. If you would like more information on his case, the link is in the word case. His field of expertise was undisclosed and I guess as a law you specialize in a certain area. Mr. McGee said he would go near real estate law but did so anyway.
DeleteIn order to assess whether Mr. McGee should be penalized further more information is needed. What is Mr. McGee's field of expertise? Why has Mr. McGee agreed not to practice real estate law? Did Mr. McGee agree not to practice real estate law as a result of a disciplinary action in regards to miss-conduct in this area?
ReplyDeleteIn regards to him acting as a "clerk" the question is what role did he play in the closing proceedings? Was he exercising power of attorney? Was he advising a client during the process? acting as a notary?
I don't believe because he has changed his behavior he is admitting guilt. I believe if his guilt can be proven in this instance it would be because his duties and responsibilities are well outlined and he disregarded those duties by claiming he was "ignorant".
McGee was involved in fraud scheme, then again several years later
ReplyDeleteHe was never charged or disciplined
Every time millions of dollars dissapeared from banks
Then McGee sold his practice which was under unvestigation for a cool 1 million dollars, how is that possible?
This guy is untouchable...
Smart Guy and kind of Lawyer one needs!
DeleteSmart Guy and kind of Lawyer one needs!
DeleteSmart Guy and kind of Lawyer one needs!
DeleteJack McGee was a very good lawyer. It’s unfortunate what happened with this case. I have not met another lawyer who shows such compassion and care. We met Jack over 30 years ago, when we purchased our first home. Every time we met with Jack he treated us like family, even though it was for our real estate needs. All my children knew him and we respect him. I have met people who ask for money first, before asking how you are. My take on this: Jack is a great lawyer. I would try to not kill someone, but see how you can bring them back to help others. He was always honest and we trust him with all of our 5 homes he closed for us. I wish he was still practicing law. We all like to throw the bus, but I think we missed this bus with Mr. Jack McGee.
ReplyDelete