The month of April was read by the windings for Me by Stéphane Harvey. In less than four weeks, he was twice sentenced by the Disciplinary Council of his professional order.
Again, Me Harvey is facing charges of taking the amounts he received to defend a client accused of fraud against Charlevoix casino as well as possession of child pornography material.
The publication ban prohibits us from disclosing the identity of this client, represented in the judgment under the initials of YW.
The amounts to defend him were entrusted to Me Harvey in 2017 by the defendant’s father, identified by the initials HW.
Number two
The syndicate accuses the lawyer of not depositing in a trust account the amounts received from the father as down payment of his fees. Deposited by Mr. Harvey put these amounts in his company’s general account, as if he already owned them.
However, accounting regulations provide that the lawyer must without delay, after receiving the money in the trust, deposit it in a general trust account.
The Council urges to remember the definition of money in trust: Any money received by an attorney to be applied to a client’s instructions […] which includes the amount sent as down payment for services to be provided.
When YW was accused of fraud in June 2017, his father, who lives abroad, contacted Me Harvey and then entrusted him with the amount of $ 25,015, which the attorney deposited into the company’s general account in his name.
Following the motion filed by the lawyer, the accused was released pending trial. I Harvey wrote to the father of the accused already usually a bonus is paid to the lawyer when he achieves a victory (Often, a bonus will be paid to the lawyer when he or she has real success).
The amount of $ 2000 was paid and the money was re -deposited into his general account. But a month later, the YW individual was again accused, this time of possessing child pornography material, such as 10,000 photos of prepubescent children on his phone.
The defendant’s father then transferred another amount of $ 25,000, which Me Harvey re -deposited into his general account.
Mr.’s office. Harvey sends an email to the father to tell him that he will be available for his son at all times and that the money is intended to ensure its full existence.
Me Harvey specified in this email that I have the right to keep this money, even if I am not required to render service afterwards.
Another $ 4,525 was paid by HW and deposited into the attorney general’s account.
A retainer
In his defense, Me Harvey cited another accounting regulation. He says the written agreement between him and his client is what lawyers call a retainerthat is, an amount paid to ensure his availability and availability even if he is not called to provide services.
But for the Disciplinary Board, there is no evidence to support the application of this provision. For the Council, the evidence instead shows that Mr. HW agrees to pay Mr. Harvey of $ 25,015 to defend his son.
The money paid by Mr. HW was paid in the context of specific orders (casino fraud and child pornography file).
The Council added that neither the email [que son cabinet a envoyé] or the customer’s response must constitute a written agreement. Me Harvey paid two amounts of $ 25,015 and $ 25,000 before the services were provided.
In defense, Me Harvey said HW knew full well that the money belonged to him, as he never asked him for detailed payment accounts.
The Council does not accept this argument for the following reasons. Mr. HW is a foreign citizen who is unfamiliar with the ways of doing things in Quebec. Moreover, this is the first time he has had the opportunity to work as a lawyer.
The Council considers that the $ 2000 bonus can be deposited into the general account, but not the other $ 4525.
Me Harvey was found guilty of not depositing $ 54,540 into his trust account.
On the second count, the Council found Harvey guilty of allocating the amounts deposited before professional services for that amount are fully provided to the client.
There is no doubt that Me Harvey allocated the whole or a significant portion of the total of $ 50,015. In remorse, the Council also added a total of $ 4,525.
The parties will be called shortly for a sentencing hearing.
The first hearing could take place on June 9 in the first case between Me Harvey and his professional will, involving the young heir we discussed in a previous text.
Allocation of totals will automatically lead to deregistering, whether temporary or permanent, which will take effect when the penalty is pronounced.
Source: Radio-Canada
