Law Times

Law Times • apriL 20, 2015 Page 3 www.lawtimesnews.com Hamalengwa 'will go to my grave' denying overbilling was intentional Lawyer blames stress, says pressure of Richard Wills case changed his persona BY YAMRI TADDESE Law Times ollowing his disbarment for over- billing the Ministry of the Attor- ney General, lawyer Munyonzwe Hamalengwa says his actions were unintentional and blames the stress of defending Richard Wills for his mis- takes. "I can guarantee you it was never in- tentional to overbill," says Hamalengwa, noting he erroneously double billed for a month's work and suggesting his secre- tary billed some disbursements as a stu- dent account by mistake. "I will go to my grave denying" that it was intentional, he adds. Hamalengwa admits it was "absolutely" up to him to verify the accuracy of the bill- ings but he tells Law Times his mistakes were due to the stress of defending Wills. "I was extremely busy. The Richard Wills case completely changed my perso- na," he says, noting Wills "racially baited" him throughout the case. Among other things, Wills would call him "a black man in a white court," Ha- malengwa notes. "The racism added to the pressure, which basically meant instead of con- centrating on defending [Wills] on legal issues, I had to fortify myself from his at- tacks," he adds. Hamalengwa's comments follow what the Law Society Tribunal deemed a "Shakespearean tragedy" that saw one of Wills' government-funded lawyers disbarred. Following Wills' conviction, Hamalengwa was found to have over- billed the government by $61,805. He also charged the ministry for non-existent court attendances and in other instances claimed he had attended court for longer periods than he actually did. In addition, he sent a document to the ministry pur- porting to be an invoice from a student working under his direction when the student didn't prepare the bill and the services weren't rendered as described in the document, the hearing panel found. "The public and the client must de- pend on the honesty and integrity of a billing lawyer. The lawyer, who breached one of the commandments of legal life by padding his dockets, intentionally mis- represented some of his disbursements and made intentional misrepresentations in a letter to [Legal Aid Ontario], must have his licence revoked," wrote Harvey Strosberg on the panel's behalf. The panel called Hamalengwa a leader in the black community and said his "fall from grace is a Shakespearean tragedy." "During the period from about March 2006 to about September 2007, Mr. Ha- malengwa's moral compass had some- how been sent askew," wrote Strosberg. In the same ruling, the panel urged Ha- malengwa to redeem himself and reapply for a licence in three years. Hamalengwa "wholeheartedly" denies intentionally overbilling the government in the Wills matter. Instead, he attributes the discrepancies to the pressure of de- fending Wills, a man who was, according to him, "the most difficult client in the history of Canada." The panel, however, rejected this ground as an exceptional circumstance re- sulting in mitigation on penalty due to the lack of "some causal connection or direct nexus" between Hamalengwa's actions and the alleged racism. The panel also found Wills had treated everyone terribly. "The panel concludes that there was no evidence suggesting a connection be- tween or among Mr. Wills' conduct, Mr. Wills' racism (which did not exist), the lawyer as a black man and the lawyer's overbilling," wrote Strosberg. "There was no medical or psychiat- ric or psychological evidence explaining why the lawyer overbilled the [ministry]." Lawyer Selwyn Pieters says the re- quirement of a causal relationship dem- onstrating a direct nexus in this case is wrong in law. Pieters says that in Peel Law Association v. Pieters, a racial profil- ing case he was involved in, the Ontario Court of Appeal rejected the requirement of a "causal nexus" or link between the adverse treatment and racism. In Pieters, the court said: "All that is required is that there be a 'connection' between the adverse treatment and the ground of discrimination. The ground of discrimination must somehow be a 'fac- tor' in the adverse treatment." Hamalengwa had gone to court to support Pieters during the racial profil- ing proceedings. Although Pieters agrees Hamalengwa's case is "tragic," he says the tribunal's verdict was ultimately fair. "The penalty is proportionate hav- ing regard to how the law society treated . . . similar cases in the past. Had it found that exceptional circumstances existed in this case, it is likely that Dr. Hamalengwa would have been given permission to sur- render his licence or be suspended for a very substantial period," says Pieters. Hamalengwa has a discipline history. In 2004, Hamalengwa received a repri- mand for failing to report to a client and failing to co-operate with a law society investigation by producing his books and records. He received another suspension in 2010 for failing to produce complete books and records. In the Wills case, Hamalengwa says he was a target for investigation in "a clear- cut case" of racial discrimination. The ac- counts submitted by the white lawyers on the Wills matter were never investigated, he says, adding some of them billed pro- portionally more than he did. Legal Aid Ontario was also never investigated for failing to vet his accounts despite the court having told it to do so, Hamalengwa adds. The ministry had challenged the ac- counts submitted by another lawyer for Wills, Raj Napal, but in 2013, a Superior Court assessment officer ruled his bill- ings were reasonable. Brendan Crawley, spokesman for the ministry, said the Crown didn't appeal that decision. In the meantime, the hearing panel said it was a "tragedy" to Hamalengwa, his family, and the black community that he has now lost his licence. "The panel hopes that Mr. Hama- lengwa will work assiduously to redeem himself, prove his good character and re- apply for admission to the LSUC in three years," wrote Strosberg. While at Osgoode Hall Law School, where he earned his doctorate in law, Hamalengwa initiated a group called the Nelson Mandela Law Society and par- ticipated in the York Students Movement Against Apartheid. He was also a lecturer at Osgoode Hall and mentored black law students. Hamalengwa says he's not sure at this point if he'll reapply for a licence to prac- tise law. "I don't know what the future holds," he says, adding he'll be focusing on working in his community for the mo- ment. It's "commendable," he says, that the panel has encouraged him to reapply for admission to the profession. LT NEWS F Munyonzwe Hamalengwa says he's not yet sure if he'll reapply for a licence to practise law. RE-ELECT CHRISTOPHER BREDT BENCHER ( TORONTO ) Chris led climbs of Mt. Kilimanjaro in 2006, 2010 and 2014 that raised over $2 million for CODE's (Canadian Organization for Development through Education) children's literacy programs in Tanzania. 416.367.6165 • cbredt@blg.com • BredtForBencher.com A Track Record of Reform Chris is a hardworking and thoughtful Bencher. He has been a strong advocate for greater transparency and accountability in the governance of the Law Society and a consistent voice for reform. Carol Hartman | Bencher, Sudbury For close to twenty years, Chris has been a mentor and sponsor, connecting me to his network, offering advice and advocating on my behalf. He takes his role as a champion seriously because he understands the professional challenges that many women face. I am delighted to support his candidacy for Bencher. Deborah Gillis | President and CEO, Catalyst I am proud once again to support Chris Bredt for Bencher. Chris brings the experience and judgment needed to navigate today's uncertainties, but also the vision to see the opportunities that lie ahead. He has demonstrated dedicated leadership, and a commitment to reform in areas of access to justice and good governance, among many others. Lorne Sossin | Dean, Osgoode Hall Law School Untitled-1 1 2015-04-14 8:08 AM Janet E. Minor Candidate for Re-election as Bencher (Toronto) Vote for judgment, experience and progressive change. From the public sector: committed to serving the profession. www.janet4bencher.ca Bencher candidate (Toronto) Current Treasurer Vote for continued leadership: • Consultative • Experienced • Energetic • Progressive Committed to serving the profession in the public interest. www.janetminor.ca JanetMinor_LT_Apr13_15.indd 1 2015-04-08 9:49 AM

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