Law Times

Law Times • January 17, 2011 NEWS PAGE 3 Lawyer in trouble over draft claims fights back Deanna Natale serves libel notice while winding down collections practice BY MICHAEL McKIERNAN Law Times sional misconduct for her work on behalf of collections agencies has served a libel notice on a fel- low lawyer who complained to the Law Society of Upper Can- ada about her activities. Th e law society alleges Dean- A na Natale's practice of attach- ing draft statements of claim to demand letters breaches the Rules of Professional Conduct, while her own counsel on that matter, Bill Trudell, has de- scribed it as a test case that's unsuitable for the disciplinary process. In the meantime, Na- tale is "changing her practice," Trudell confi rms. Mark Silverthorn, a Kitch- ener, Ont., lawyer who com- plained about the practice, has followed the case closely on his own web site. In response, Na- tale has hired another lawyer, William McDowell of Lenc- zner Slaght Royce Smith Grif- fi n LLP, to get him to stop. On Nov. 26, Silverthorn received the libel notice from McDowell along with a draft statement of claim outlining Natale's concerns. "We ask that you remove any reference to Ms. Natale from your website, failing which we expect to be instructed to com- mence proceedings," McDow- ell wrote. Th at in turn prompted Sil- verthorn to complain about McDowell's conduct. He al- leges in a letter to the LSUC that the service of the draft statement of claim to a shared fax machine late on a Friday afternoon "was a deliberate at- tempt to have persons, other than myself and my staff , fi nd this correspondence der to harm my reputation and to cause me economic loss." He also suggests McDow- ell may have contravened the Ontario Debt Collectors Act by sending him an imitation of a court document. None of the allegations against any of the lawyers involved have been proven. McDowell, meanwhile, tells Law Times he has no reason to s she winds her practice down, a Markham, Ont., lawyer accused of profes- believe there's any complaint against him and says he rou- tinely sends draft statements of claim to provide libel notice under s. 5(1) of the Libel and Slander Act, which plaintiff s are required to do within six weeks of learning about a li- bellous newspaper report or broadcast. "It's not done to collect a debt; it's done to provide notice," he says. "I'm a barrister, not a debt collector. We do that 10 times a month in our offi ce." McDowell is philosophi- cal about becoming embroiled in the saga. "I've been around a while. I've got a thick skin. I give clients advice and I do what in my judgment ought to be done. It's not often you get a reaction like this, but I guess it's part of being a barrister." Th e notice accuses Silver- thorn of making libellous comments about Natale and sensationalizing the allegations on his web site. It also refers to a binder Silverthorn had ear- lier prepared for Global Credit & Collection Inc., the same third-party debt collector for which Silverthorn says Natale sent out draft statements of claim. In it, he recommended the practice of sending draft statements of claim. "Silverthorn nowhere dis- closes on his web site that he has endorsed the practice which is at the core of his complaint about Natale," the notice alleges. But Silverthorn says he has . . . in or- been open about his own his- tory of working for collections agencies. He spent 12 years helping them recover millions of dollars but says he has trans- formed himself over the past four years into a consumer advocate working for people dealing with debt collectors. "I used to send out draft statements of claim and I don't hide that fact," he tells Law Times. "I'm not proud of it and I'm trying to do things to put it right. I'm doing penance." Silverthorn sees the libel no- tice as an attempt to intimidate him but says he won't budge. "It's people with money try- ing to intimidate people who are trying to tell the truth. If Ms. Natale thought she could Been in Law Times? Reprints are great for: • Firm promotional material • Suitable for framing • Use on your web site $175 - $225/reprint We provide a color PDF and unlimited reproduction rights. LAW TIMES For more information or to order reprints, please e-mail: gail.cohen@thomsonreuters.com Want a record of it? Promote your law fi rm by ordering reprints of articles from the voice of the profession — Law Times! • Training and education Untitled-1 1www.lawtimesnews.com 1/12/11 11:57:25 AM sue me for defamation, she would do it. I think the real goal was for me to take references to her off my web site but I'm not letting go. I've put more stuff up." Natale was scheduled to ap- pear at a disciplinary hearing on Jan. 11, but it was adjourned after a joint request by the law society and her lawyers. A tran- script of a proceedings manage- ment conference held on Jan. 5 shows both sides want more time to investigate "new devel- opments" that could change an agreed statement of facts both parties are working on. "We're both conscious of the fact that his has been lin- gering for some time and we need to bring it to a conclusion as quickly as possible," law so- ciety counsel Amanda Worley said during the proceedings management conference. A further session will take place in February to set new dates for a hearing. In the meantime, Trudell tells Law Times Natale is in the pro- cess of winding down her collec- tions practice and says ongoing of seeking "to promote his so- called 'consumer-advocacy' practice, while demeaning" her in the exercise of her profes- sion. But Silverthorn is unapolo- getic. "For someone to sug- gest I'm just doing this for the publicity is a cheap shot. What lawyer wouldn't try to get publicity to their law prac- tice? "I do this because it's good 'For someone to suggest I'm just doing this for the publicity is a cheap shot,' says Mark Silverthorn. discussions with the law society "render a hearing premature." "It has become impossible for her to carry on the business for Global, so she is changing her practice," he notes. "Th e unprecedented media attention, which I think had been unfairly driven by Mr. Silverthorn, has been damag- ing to her." In the libel notice, mean- while, Natale accuses Silverthorn business but I'm also doing something to protect the pub- lic interest. I'm making less money now than when I sent out draft statements of claim, but it's the right thing to do. I'm passionate about this sub- ject." Given the latest develop- ments, he fears the law society will forget about the case now that Natale is leaving her collec- tions practice. In the meantime, he's plan- ning to write a book on the whole aff air. "I have some con- cerns that Ms. Natale is be- ing issued a walk by the law society," Silverthorn says. LT REPRINTS

• Cover
• Duelling Lawyers
• Feminized Justice
• Focus On Real Estate Law