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The Law Society Tribunal recently upheld a decision allowing Kingston lawyer Brian Anderson Callender to surrender his licence after findings of professional misconduct involving client trust funds. In a decision released May 22, the tribunal’s Appeal Division dismissed appeals from both Callender and the Law Society of Ontario.
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Callender had argued that the original penalty – which permitted him to surrender his licence by March 26, 2025, or it would be revoked the following day – was too harsh and that he should have received a restricted suspension instead. The Law Society argued the penalty was too lenient and that Callender’s licence should have been revoked outright. The Appeal Division rejected both arguments, finding no basis to change the original penalty.
Callender was called to the bar in 2001 and practised in Kingston as a sole practitioner in criminal defence and correctional law. According to the tribunal decision, Callender told the original hearing panel he was the only Black criminal lawyer in Kingston.
The misconduct related to Callender’s handling of his trust account and bookkeeping over several years.
A trust account is a separate account that lawyers must use to hold money belonging to clients or third parties. Lawyers cannot treat that money as their own and may only withdraw funds from a trust account when they are properly entitled to those funds, such as after completing work and issuing a bill.
The Kingston Whig-Standard’s Noon News Roundup Your weekday lunchtime roundup of curated links, news highlights, analysis and features. By signing up you consent to receive the above newsletter from Postmedia Network Inc. ! A welcome email is on its way. If you don’t see it, please check your junk folder. The next issue of The Kingston Whig-Standard’s Noon News Roundup will soon be in your inbox. We encountered an issue signing you up. Please try again This has not loaded yet, but your article continues below.<P </PI )p Law Society audits of Callender’s practice in 2002,,2010,, and2019all found problems with his booksandrecords. The2019auditalsofoundimpropertransactionsintrustaccountswhichledtoaninvestigationandformaldisciplinaryproceedings.PBefore<thead<ivision<di.. Cal<<tuneradmittedhef<a[[lto]]keepproperbooksandrecordsmadeimproperwithdrawalsfromhistrustaccount, andfailedtokeepenoughmoneyintrusttomeethisobligationstoclients../td<tdhearingpanelfound Callenders Failedtomaintain properbooksand records. from January2018to September2021. Italsofoundhemadesiximproperwithdrawalsfromhis Trust Accountover11months, totaling$13,,100. Acordingtothedecision Callendertooksometrustfundsbeforebillingclientsforworkhehadcompleted. Thetribunalfoundhemishandled$7,,946,,80thisway.PTh e tribunal also found hemisappropriated $5,,163.,20-the amountbywhich withdrawals exceededthevalueofhis completedbutunbilledwork.Thishasnotloadedyet, butyourarticlecontinuesbelow.<P Articlecontent)originalhearingpaneldescribedthem misappropriationas“professionalmisconductofthemostseriousnature.”Thepanelfoundthat Callenderknewhisactionswere wrongandthathetriedtohidetheproblembyfalselydescribingthetransactionsasbankerrorsonhistrustreconciliations.PBecause Cal<<tuneradmittedthemisconduct, theoriginalhearingfocusedmostlyonthepenalty.. callendepresentedcharacterevidenceanexpert reportonthe challengesfacedbyblackprofessionals, andalettere ceptingresponsibility. Healsotestifiedaboutexperiencinganti-blackracismduringhislegalcareer.PHearguedthos experiences helpedexplainhimisconduct amountedtoexceptionalcircumstances. Heaskedthetribunalto imposean eight-monthsuspensioninsteadofrevokinghisliscence..Cordingtotheoriginaldecision, m isappropriatingclienttrustfundsusuallyresultsinlicenserevocationbecauselawyersareexpectedto handleclientfundswithcompletehonestyandintegrity. Ho wever, thetribunalcanimposealesserpenaltyinexceptionalcircumstances.<P Thishasnotloadedyet, butyourarticlecontinuesbelow.<P Articlecontent</PD)governingbodyacceptedthattheatertraductionexperience discrimination likely contributedsto detachment unwillingnessto seek help disengagementandeffortstoavoidanticipatedfailureornegativeconsequences..However, PPanelconcludedthosecircumstances didjustifallowed callendarkeep practicingitgrantedhimpermissiontosurrenderhisliscence.Thelawsocietyappealedthatpartofthedecision, arguingthepan elshouldhave revokedcallenderslicenseoutrightbecausethemisconductinvolveddishonestyclientstrustmoney.<TD appealdivisiondisagreed. foundtheoriginalpanelproperlyconsideredtheseriousnessofmisconductthebookkeepingfailuresattempt hidewhat happenedmitigate evidencecalder professionhistoryevidenceaboutanti-blackracism.<P Thishasnotloadedyet, butyourarticlecontinuesbelow. P>}} } } ‘.__}m _.’} } | | ‘ ‘ | ‘ : “script>”script>__________________________________________________________________________________________________________________________ ) ) ( ) ) (( )(( )) )) (( ( ) ( ) ))()() )())()) ((((( ))))))) (((((() ))))) )))) ((() )) ())() (()()))() () () ()()() )()()) ()()) )) ()()() ))(() )) ) ((() })) ()(() () } ) : ‘) {) } {} }) ) ) {) {) ` – }. }}})()} {{}} {}{} }{}{} {{}}}{{} h Trotter exudate – Prejudice — Hiahgbenniogdonesthatdonnjustllnngthaymodyardbluejacketdonebusinessduetohtoecearchkrnovorsurfaaceektymocturmalhowesdustsforthangrironouttwouldberneansowreckageykoneandreplaysrryke Xvcn Naislerchiviescrashshppappnuseryesrbluerouterryrantallianceihensvoncliantkothersokhownamepaslexperience.
