P.E.I. lawyer Mitchell MacLeod resigns, admits unprofessional conduct

Well-known Charlottetown lawyer Mitchell MacLeod has resigned after admitting to a finding of unprofessional conduct by The Law Society of P.E.I. The resignation was part of a settlement agreement MacLeod signed under the Society's discipline process.

The law societyregulates and disciplines Island lawyers, of whom there are currently 240 practicing.

The society began investigating MacLeod in September 2014, after receiving complaints from several clients who couldn't get information they needed from him.

Bookkeeping errors

The Society appointed an accountant to check into MacLeod's files, and in a report she filedin October 2014, the accountant found numerous bookkeeping errors.

The lack of paperwork on both sides is a challenge.' Susan Robinson, P.E.I. Law Society

The accountant suggested changes, but MacLeod did not respond to the recommendations or indicate he had followed through, according to the settlement agreement.

The society then appointed a senior lawyer to investigate further. She found numerous issues with missing paperwork including a lack of invoices, documentation and correspondence with clients.

In January 2015, the society met with MacLeod and his advisor to discuss the allegations against him.

At that meeting, MacLeod agreed to stop practicing law while the society did a complete investigation.

Admitted alcohol problem

According to thesettlement agreementMacLeod advised the society his alcoholism was affecting his ability to practice law.

The society next appointed a receiver to manage MacLeod's files and accounts.

That person found further problems, noting in a report to the society in May 2015 what he called "unearned retainers" where MacLeod had accepted retainers from clients without doing much on their files.

The society investigated and charged MacLeod with unprofessional conduct.

In April, as part of the settlement agreement, the society accepted MacLeod's resignation after he admitted to the allegations against him.

Proceedings cost $75K

MacLeod also agreed to pay $75,000 to cover the costs of the proceedings. He's not allowed to re-apply for membership with the Law Society for seven years.

We were able to work with the member, together, on a settlement. Susan Robinson, P.E.I. Law Society

Susan Robinson, executive director of the society, told CBC Tuesday she is in the process of reviewing about 10 claims from former clients over their retainers. She estimates the claims total between $10,000 and $20,000 and date back to 2013.

"The lack of paperwork on both sides is a challenge," said Robinson. She has to review what paperwork exists in MacLeod's files and communicate with the former clients to determine how much work MacLeod did compared to the retainers clients paid him,she said.

There is no money left in MacLeod's business account to pay out any claims, Robinson added.

Law Society may pick uptab

Any payments will come from the Law Society's Reimbursement Fund, towhich eachmembercontributes$50a yearto provide for situations like this.

Robinson's recommendations regarding payment will go to the general membership for a vote June 25.

Disciplinary investigations are not a regular occurrence for the Law Society, saidRobinson, addingthis is an example of the process working well.

"We were able to work with the member, together, on a settlement," after the charges were laid, said Robinson, noting thatmeant the complaints did not have to go to a full disciplinary hearing.

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