Brandon lawyer suspended indefinitely after breaching conditions

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This article was published 07/02/2024 (576 days ago), so information in it may no longer be current.

BRANDON — A Brandon lawyer will stay suspended until he can prove his addictions are under control, the Law Society of Manitoba has decided.

Ryan Fawcett, who worked for Legal Aid in Brandon, pleaded guilty to professional misconduct and conduct unbecoming to a lawyer at a law society hearing late last year. He had made unwanted communications of a “sexual and harassing nature” to five women on multiple occasions since 2016.

He had breached conditions set earlier by the law society that he abstain from alcohol and not contact female lawyers or women employed in the legal field outside of work.

In a Dec. 11 hearing decision by the law society, Fawcett was suspended and ordered to pay the society $5,000.

He will not be allowed to practise law until “he demonstrates to the CEO of the society that he has (his) addictions under control with a reasonable demonstration of stability such that he can be trusted to practise under such conditions.”

The law society and Fawcett’s lawyer agreed to the sanctions.

The lawyer for the society, Rocky Kravetsky, said Fawcett’s misbehaviour hadn’t occurred in his day-to-day dealings with clients and colleagues, and his recent offences occurred while he was under the influence of alcohol.

“While (Fawcett) has demonstrated an ability in the past to abstain from the misuse of these substances, his addictions are not currently under control and there is no way to predict when that control might be achieved,” he said.

Kravetsky emphasized the indefinite suspension protects the public by allowing Fawcett to return to his legal practice when it is safe for him to do so.

At the hearing, Fawcett’s lawyer, Greg Bartel, said his client admitted guilt and accepted responsibility for his actions.

“He has paid (and continues to pay) a heavy price as a consequence of his illness,” Bartel said.

According to an agreed statement of facts, Fawcett was called to the bar in 2001 and has been practising criminal defence law in Brandon since 2010.

In October 2017, Fawcett was at The Dock on Princess with other lawyers, including an articling student. All were drinking alcohol and Fawcett became intoxicated. Later that evening, Fawcett got up from his seat, walked around the table and grabbed the student’s breast.

He was criminally charged with sexual assault, although he later pleaded guilty to common assault as part of a plea bargain.

In December 2021, Fawcett used a dating app to communicate with a legal assistant, who identified herself as such.

Fawcett identified himself as “Bill.”

After becoming uncomfortable during a phone call with Fawcett, the legal assistant learned his true identity through a news article and later blocked his phone number.

In August 2020, the law society banned Fawcett from electronically communicating with female lawyers in the province except for work-related reasons.

In October of that year, the society ordered him not to contact any female lawyers, legal assistants or employees of the courts, Manitoba Justice, Justice Canada or Legal Aid Manitoba electronically, unless it was work-related.

— Brandon Sun