Law Times

Page 4 November 11, 2013 Law Times • NEWS LSUC 'plays with people's lives,' suspended lawyer says BY GLENN KAUTH Law Times A Kingston, Ont., lawyer who began his suspension last week for misconduct that included having a relationship with a family law client says the proceedings against him have been unfair and have ruined his 35-year career. "I've done generally good things for clients and my clientele," says Jehuda Kaminer. "It plays with people's lives, with people's careers," he adds in reference to the Law Society of Upper Canada's discipline process. As of Nov. 6, Kaminer began a six-month suspension for misconduct related to his relationship with J.M., who he was Join Us to Celebrate The Future of Advocacy The Advocates' Society 50th Anniversary Symposium December 4 th , 2013 9:00 am - 4:30 pm Metro Toronto Convention Centre, Toronto The Advocates' Society is celebrating its 50th anniversary! We invite you to join us as we commemorate 50 years of distinction and look ahead to another 50 years of Excellence in Advocacy. Hear from World Renowned Speakers as we look towards the Future of Advocacy. Symposium Topics Include: New Forums for Dispute Resolution The Evolving Art of Persuasion Class Action Settlement Implementation International Criminal Prosecutions Advocacy Against the Odds Tickets are limited. For more details, contact Rachel Stewart at rachel@advocates.ca or at (416) 597-0243 ext. 129. AdvocatesSociety_LT_Oct28_13.indd 1 representing in a joint retainer with her estranged spouse, D.M. Last December, a hearing panel found Kaminer to have been in conflict of interest by having a relationship with J.M. The clients had retained the lawyer to complete their divorce in 2006. During that time, Kaminer started a six-week affair with J.M. that included dinners and evenings at the casino. Kaminer was also representing D.M. in relation to criminal charges for sexually exploiting a minor who was living with him and his wife. D.M., a hockey coach, had once brought a 14-year-old girl to Kaminer to discuss emancipating her from her parents. A hearing panel found Kaminer had disclosed confidential information related to the criminal matter to J.M. Kaminer, however, has a different perspective on the matter. "It was more of an observation on my part that what he did was stupid," says Kaminer, who notes that when the parties signed the joint retainer, he said there was no confidentiality between them. "That encounter really was trivial," he adds, arguing the hearing panel "got a lot of things wrong." In addition, Kaminer says J.M. knew about D.M.'s arrest when he made the comment about the criminal matter. In its penalty ruling on Sept. 10, the hearing panel noted Kaminer had suggested a reprimand or a shorter suspension than the six months it ultimately went with. Among other things, he submitted character 13-10-23 1:16 PM Unravelling complex discovery WestlaW® Canada Caselogistix • • Significantlyreducee-discoverycostsandrisks Organize,review,analyze,andproducepaper andElectronicallyStoredinformation For more information, visit www.westlawcanada.com AUTHORITATIVE. INNOVATIVE. TRUSTED. www.lawtimesnews.com references and noted his community involvement in Kingston, including his pro bono work for Kingston Friendship Homes and his service on the board of governors of the Kingston General Hospital. But noting the severity of Kaminer's actions, the panel chaired by Raj Anand chose the lower end of the law society's submission of a suspension of six to nine months. "Mr. Kaminer's misconduct in this case was serious, and our earlier decision demonstrated that he committed significant breaches of his duties to all three of his named clients," wrote Anand. "His response to his two family law clients — involving intersecting and cumulative instances of conflict of interest, disloyal conduct, and failure to serve his clients when they were in states of considerable distress — showed an egregious lack of judgment." At his penalty hearing on March 21, he lamented the effects of his legal troubles, which he said had stirred "sensational" media coverage, on his income and mental health. "I used to love going to work. It's become a lot more harder. Part of that is the devastating effect of this proceeding," Kaminer told the panel at the time. He also sought compassion from the law society by detailing a series of "bad business decisions" that have caused him to lose his home and savings. "I'm rebuilding my life at the age of 65 without pension plans. It's all gone. I'm starting again," he said. After realizing his relationship with J.M. was inappropriate, Kaminer said he cut off all relations with both clients. "It was very brief and I terminated it," he says of the relationship with J.M. Kaminer also faced an accusation of losing his clients' marriage certificate, which he produced at his sentencing hearing. He attributed the mishap to a filing error. During his testimony, Kaminer defended his record beyond the case at hand. He described himself as a "fierce advocate" for more than 6,000 clients and a community champion who has served on several hospital boards. "They do not understand what happens in the real world in a small practice like mine," he says of the law society. In the meantime, Kaminer is facing more recent allegations of a sexual relationship with another client, K.T., who he had been acting for in a Small Claims Court matter. The law society's application accuses him of acting in a conflict of interest while representing K.T. and alleges he failed to deposit money received from her into his trust account. A separate notice of application this year alleges Kaminer has failed to co-operate with a law society investigation. Separate hearings on those matters take place later this month. LT

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