Inmate sues now-suspended former defence lawyer

An inmate at the Brandon Correctional Centre is suing his former lawyer, who was recently suspended by the Law Society of Manitoba for professional misconduct.

In a statement of claim filed in Court of King’s Bench last week, Andrew Manning is suing suspended lawyer Chad Russell Sutherland, and the firm he worked for at the time, Gindin, Wiebe Segal Law.

Manning, who is representing himself, is seeking a total of $250,000 in damages, including $65,000 for punitive damages and $65,000 for aggravated damages.

“Sutherland’s conduct constitutes breach of contract, breach of trust, breach of fiduciary duty, professional negligence and unjust enrichment,” Manning alleges in the seven-page document.

“The firm is vicariously liable for this conduct.”

Neither Sutherland, nor a partner with his former law firm could be reached for comment Monday.

Just six days before the lawsuit was filed, the law society —which regulates the legal profession in the province — made public a decision reached by its disciplinary committee to indefinitely suspend Sutherland, 43, for improperly asking a client for cash, not showing up for court several times and not responding to the law society.

He was also fined $6,000.

The law society said Sutherland, who was called to the bar in 2018, didn’t appear at the disciplinary hearing in January or have a lawyer representing him. The society said Sutherland could present evidence that could, potentially, persuade the committee to rescind or vary the order.

Court records show Manning was charged with numerous drug and firearm offences in December 2022. Manning claims he hired Sutherland in January 2023, and that he paid the lawyer $5,000.

After his former spouse agreed to act as his surety for bail, he sent the lawyer another $10,000 to post for bail. He was released on bail in February 2023.

Manning claims he paid Sutherland another $10,000 as a trial retainer, and $30,000 to remain in trust in December 2023.

Manning was arrested again in January 2024; court records show the charges included sexual assault, distributing intimate images and forcible confinement. A month later, court records show he was charged with another 19 offences, including sexual assault, distributing intimate images and choking.

Manning claims when his former spouse decided to withdraw the surety, and after the court ordered the release of the $10,000 back to Sutherland, the lawyer “failed and refused to return the funds to the surety.”

“(Manning) repaid the surety $10,000 from his own funds.”

Manning claims because Sutherland “performed no meaningful legal work” and “failed to communicate,” he decided to get another lawyer, but instead of getting the $10,000 surety and the $30,000 in the trust account, he received only $31,420.

The statement of claim does not say what date Manning dismissed Sutherland, but court records show that Manning’s January 2024 charges were stayed in October 2024, while the February 2024 charges are still before the courts.

kevin.rollason@freepress.mb.ca