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News

Friday, January 25, 2013

Printable Version

In this issue:
Notice of Disbarment - Peter Riccioni
Notice of Disbarment - Barry Windsor
Termination of Registration - Ayyman Hammoud
Notice of Disbarment - Philip L. Fiess
Notice of Disbarment - Darren John Peterson

Notice of Disbarment - Peter Riccioni

On January 11, 2013, a Hearing Committee disbarred Peter Riccioni, a member of the Law Society, who lives in Calgary and practiced there until his disbarment.

The Hearing Committee found that Mr. Riccioni’s conduct was deserving of sanction on citations involving failing to follow accounting rules, failing to serve his clients, improperly delegating his duties and responsibilities on real estate files to a paralegal and a paralegal company, failing to be candid in his written and verbal communications with the Law Society, assisting clients in an improper purpose, permitting funds to be withdrawn from his trust account by one or more cheques which were not signed by him or by any active member of the Law Society, acting in a manner that might weaken public respect for the law or justice system and acting in a manner that brought discredit to the profession.

The Hearing Committee ordered that Mr. Riccioni pay costs of $41,449.52 prior to any application for reinstatement.

The custodian of Mr. Riccioni’s practice is:

Mr. Stephen J. MacNeil
Ho MacNeil
Barristers and Solicitors
2819 Centre Street NW
Calgary, Alberta T2E 2V7
Phone: 403-233-2812
Fax: 403-237-8312

 

Notice of Disbarment - Barry Windsor

On January 14, 2013, a Resignation Committee of the Benchers of the Law Society of Alberta granted the application of Barry Windsor to resign, pursuant to section 61 of the Legal Profession Act, R.S.A. 2000, c. L-8, and Rule 92 of the Rules of the Law Society of Alberta, effective immediately. Mr. Windsor is therefore disbarred.

Mr. Windsor was an Inactive/Non-Practicing member of the Law Society. He resides in Calgary, Alberta, and practised in Calgary from April 16, 2003 until April 29, 2011.

Mr. Windsor was facing conduct proceedings under Part 3 of the Act pursuant to three formal investigations. The conduct allegations included misappropriation of trust funds, failure to follow accounting rules, failing to serve his clients, failing to be candid with a client, and failing to respond to the Law Society.

Mr. Windsor admitted facts to support the allegations under investigation.

The Resignation Committee directed that Mr. Windsor pay the actual costs of the discipline proceedings and the resignation application, estimated at $3,600.00, prior to any application for re-admission.

The Resignation Committee further directed, in accordance with Section 78(6) of the Legal Profession Act, that the Executive Director send a copy of the hearing record to the Minister of Justice and Attorney General.

 

Termination of Registration - Ayyman Hammoud

On January 21, 2013, a Hearing Committee terminated the registration of Ayyman Hammoud, a student-at-law registered with the Law Society, who lives in Calgary and articled there until the termination of his registration. Pursuant to section 49(5)(b) of the Legal Profession Act termination of registration is equivalent to disbarment.

The Hearing Committee found Mr. Hammoud’s conduct to be deserving of sanction on four citations involving discreditable conduct, failing to be candid with the Law Society, failing to be candid with another lawyer, and failing to comply with Rule 105 of the Rules of the Law Society of Alberta.

The Hearing Committee also ordered that Mr. Hammoud pay the costs of the hearing estimated in the amount of $26,918.38.

No referral to the Minister of Justice and Attorney-General is necessary as law enforcement is already aware of Mr. Hammoud’s conduct.

As a student-at-law, Mr. Hammoud did not have a practice and no custodian has been appointed.

 

Notice of Disbarment - Philip L. Fiess

On January 10, 2013, a Resignation Committee of the Benchers of the Law Society of Alberta granted the application of Philip L. Fiess to resign, pursuant to section 61 of the Legal Profession Act, R.S.A. 2000, c. L-8, and Rule 92 of the Rules of the Law Society of Alberta, effective immediately. Mr. Fiess is therefore disbarred.

Mr. Fiess was an Inactive/Non-Practising member of the Law Society of Alberta. He resides in Yellowknife, Northwest Territories, and practised in Calgary, Alberta from July 30, 1980 until April 19, 2011.

It was alleged that Mr. Fiess misappropriated trust funds, borrowed funds from one or more clients who did not have independent legal representation and when the transactions were not fair and reasonable to his clients, failed to follow accounting rules of the Law Society of Alberta, failed to properly distinguish the amounts attributable to fees and disbursements on his Statements of Account, failed to comply with trust conditions, failed to conscientiously serve his clients, failed to be candid with his clients and the Law Society, failed to comply with a condition imposed upon him by the Benchers of the Law Society, and failed to satisfy a financial commitment incurred in his practice without reasonable justification.

Mr. Fiess admitted facts to support the allegations under investigation to justify disbarment; however, due to the circumstances involved, the Resignation Committee decided not to make a referral to the Minister of Justice and Attorney General.

Mr. Fiess previously transferred all of his open files to:

Brenda L. Edwards
Edwards Law Office
100, 625 – 14th Street NW
Calgary, AB T2N 2A1
Tel: (403) 313-8313
Fax: (403) 313-8314

 

Notice of Disbarment - Darren John Peterson

On January 17, 2013, a Resignation Committee of the Benchers of the Law Society of Alberta granted the application of Darren John Peterson to resign, pursuant to section 61 of the Legal Profession Act, R.S.A. 2000, c. L-8, and Rule 92 of the Rules of the Law Society of Alberta, effective immediately. Mr. Peterson is therefore disbarred. Mr. Peterson was a suspended member of the Law Society. He resides in Calgary, Alberta, and practised in Calgary from November 15, 1999 until March 24, 2011, when his membership was suspended by a Hearing Committee.

Mr. Peterson failed to keep his client informed, failed to respond to his client on a timely basis, failed to serve his client, failed to respond to the Law Society of Alberta, failed to comply with an undertaking, failed to transfer his client’s file to subsequent counsel on a timely basis and misappropriated trust funds.

Mr. Peterson has admitted facts to support these allegations.

The Resignation Committee directed Mr. Peterson to pay costs of the resignation application set at $3,244.50 before any application for re-admission.

The custodian of Mr. Peterson’s practice is:

Brenda L. Edwards
Edwards Law Office
100, 625 – 14th Street NW
Calgary, AB T2N 2A1
Tel: (403) 313-8313
Fax: (403) 313-8314

 

Law Society of Alberta

Printable Version

www.lawsociety.ab.ca
Law Society of Alberta
Calgary Office
Suite 500, 919 11th Avenue SW
Calgary, Alberta T2R 1P3
Phone: 403-229-4700

Edmonton Office
Suite 800, Bell Tower
10104-103 Avenue
Edmonton, Alberta T5J 0H8
Phone: 780-429-3343

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