Law Times

Law times • OctOber 17, 2011 NEWS PAGE 3 Lawyers battle over letters to parents of shoplifters B.C. law society disciplines member who called Ont. counterpart a 'sleazy operator' BY MICHAEL McKIERNAN Law Times accused him of being involved in a scam for sending demand letters to the parents of alleged shoplifters has been found guilty of professional miscon- duct by the Law Society of British Columbia. Gerry Laarakker, who runs A his own fi rm in British Colum- bia's Okanagan Valley, admit- ted to writing a fax to Toronto lawyer Patrick Martin as well as an Internet posting about him that the law society alleged contained "discourteous and personal remarks" after a client received a $500 demand letter. Martin had been acting on be- half of the Hudson's Bay Co. Martin's letter warned Laarakker's client she could face an even bigger claim for damages if she didn't pay the settlement amount. At the same time, Martin had instruc- tions to fi le a civil claim against her for the actual recovery costs incurred by the retailer due to the alleged shoplifting incident involving her teenage daugh- ter. Th e letter explained that recovery costs are those related to the detection, apprehension, recovery of goods, and dam- ages associated with shoplift- ing. It also claims that future incidents decline when retailers pursue off enders. Laarakker argued before the B.C. law society hearing panel that his comments were justi- fi ed on the basis that he was dealing with what he called a "rogue lawyer." But that explanation wasn't good enough for the regulator. "Even if the Ontario lawyer can be considered to be a 'rogue,' it is not the respondent's place to pursue some form of vigilante justice against that lawyer by posting intemperate personal remarks or by writing letters that do not promote any pos- sibility of resolution of the cli- ent's legal dispute," reads the panel's decision. "Th e appropri- ate avenue for the respondent to take would have been to fi le a complaint either with the Law Society of Upper Canada or the Law Society of British Colum- bia. Obviously, the respondent did not take those steps. Th us, by taking actions that he felt were protecting the integrity of the profession, he was achieving the opposite result." After speaking with the cli- ent, Laarakker sent a fax to Martin advising him that the woman wouldn't be paying the settlement amount. "Suffi ce it to say that I have instructed her not to pay a penny and to put your insult- ing and frankly stupid letter to the only use for which it might be suitable, however un- comfortably," Laarakker wrote, CANADA LAW BOOK® www.lawtimesnews.com B.C. lawyer who called an Ontario counterpart a "sleazy operator" and adding that he believed a civil judgment against his client was unlikely. "I have notifi ed the local pa- per of this scam. Save the post- age in the future and become a real lawyer instead! You must have harboured dreams of be- ing a good lawyer at one point. Surely bullying people into paying some small amount of money is not what you went into law for. But then again, someone has to be at the bot- tom of the class." Two days earlier, Laarakker had also commented on a post- ing on the Canadian Money Advisor blog, where one user had noted a similar letter from Martin. Laarakker identifi ed himself as a lawyer in his com- ment and said he doubted an action would ever be brought. "Th is guy is the kind of lawyer that gives lawyers a bad name," Laarakker wrote. "He is relying on intimidation and blackmail to get the lousy $500. Don't pay him. I hate these sleazy operators." Both the fax and the Inter- net posting came to the law society's attention after Martin complained about Laarakker's behaviour. Laarakker tells Law Times he regrets the way he went about expressing his feelings. "I was rude, and the language I used was awfully harsh," he says. "It was undiplomatic language. I have apologized for that and I shouldn't have done it." But he's not backing down from his fi ght against the prac- tice of targeting alleged shop- lifters and their parents. He says he has heard from many people across the country who have received similar letters from Martin and other lawyers on behalf of a range of retailers. "I think the particular pursuit in which he is engaging is a hor- rible one," Laarakker says. "He's intimidating average, normal people whose child may or may not have made a terrible mistake. We're already perceived as mon- ey-grabbing, and something like this paints all of us lawyers with a very bad brush." Martin's letter mentions an Ontario Divisional Court case in which a shoplifter was or- dered to pay punitive damages, but Laarakker says the case is quoted out of context. He of- fers a complete defence service to B.C. residents who receive the demand letters for a fl at fee of $100. "Th ey go nowhere," he says. "Nothing happens. I've been a lawyer for many years and I've never heard of this even go- ing to Small Claims Court. I feel the public is being unduly intimidated. I feel perhaps my friends in Ontario are wrapping themselves in their legal robes and taking advantage of the na- ive and the embarrassed." Laarakker says the demand letter struck a nerve with him because of a family member who once dealt with an eating disorder. Some studies have reported higher-than-average rates of shoplifting among those with eating disorders. "It cut pretty close to the bone," Laarakker says. "If any- one tried to criminalize her or pull this kind of trick on them, I don't think I would have re- sorted just to a letter. In that kind of case, it targets a child who already has problems." Laarakker's case is due to come back before the law so- ciety panel later this year to schedule a further hearing to decide on what penalty he should face. Martin didn't respond to an interview request. ACCESS THE LATEST RULES OF COURT FROM WHEREVER YOU ARE ONTARIO ANNUAL PRACTICE 2011-2012 THE LATE HONOURABLE JUSTICE JAMES J. CARTHY, W.A. DERRY MILLAR, AND JEFF G. COWAN Gain a solid understanding of Ontario's civil and administrative procedural law with the Ontario Annual Practice 2011-2012. 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