Lawyer guilty of professional misconduct can return to work under supervision

Hey there, time traveller!
This article was published 19/04/2022 (1276 days ago), so information in it may no longer be current.

A Brandon defence lawyer barred from communicating in his off hours with women in the justice system will be allowed to return to work under supervision, a Law Society of Manitoba disciplinary panel has ruled.

Ryan Fawcett pleaded guilty to one count each of professional misconduct and conduct unbecoming of a lawyer, offences under the Legal Profession Act.

Fawcett, 46, admitted to repeatedly texting five women “unwanted communications of a sexual nature” between 2016 and 2020.

Fawcett, speaking to a law society disciplinary panel last week, apologized to his victims and colleagues, saying his actions brought shame to his profession and himself.

“I worked hard in the courtroom for many, many years now, and I am looking forward to going back to that work,” he said. “But I also know I need to work better and harder on myself outside the courtroom.”

Under a joint recommendation by law society lawyer Rocky Kravetsky and Fawcett’s lawyer Greg Bartel, the disciplinary panel agreed last week to formally reprimand Fawcett and ordered he work under the supervision of another lawyer for the next two years. A reprimand by itself is the lowest disciplinary sanction for professional misconduct that the law society can impose and remains on a member’s record for life.

The disciplinary panel heard all of the communications occurred outside of regular work hours when Fawcett had been drinking and did not impact his service to clients.

“The nature and the tone of the conversations would, at the very least, create discomfort,” Kravetsky said.

In July 2020, the law society barred Fawcett from communicating with female lawyers other than for work purposes following an initial complaint. Fawcett agreed to an undertaking in October 2020 expanding the restriction to all female justice-system employees in the province following complaints from other victims.

Fawcett has struggled with a cocaine addiction in the past. In 2008, he completed a 21-day residential treatment program after which the law society allowed him to return to work under supervision and a requirement he continue with drug counselling. According to a practice history provided to the disciplinary panel, Fawcett had an “inactive” status from June 2008 to June 2009.

Following a Law Society investigation into the 2020 allegations, Fawcett “disclosed that he was again struggling with substance abuse, specifically of alcohol,” said an agreed statement of facts provided to the law society.

Fawcett breached requirements of his July 2020 undertaking that he abstain from alcohol, not contact female lawyers other than for work, and report any lapses to the law society “almost immediately,” Kravetsky told the disciplinary panel. (According to his practice history, Fawcett took a leave of absence from Brandon’s Legal Aid office from September 2020 to March 21, 2022.)

In a subsequent counselling session, Fawcett acknowledged he “knew (he) was driving into a ditch,” Kravetsky said.

Fawcett’s failure to notify the law society of his lapses formed the substance of the professional misconduct charge. Kravetsky said Fawcett had a duty once he was sober to notify the law society of what he had done.

“If one knows they are driving into a ditch, they have a choice,” Kravetsky said.

Fawcett admitted to his struggles with alcohol early in the process and quickly sought out treatment independent of any requirement of the law society, Bartel said.

“He has made great strides and is making considerable effort to manage his alcohol addictions,” Bartel said. “Mr. Fawcett is trying to turn the course.”

A reprimand with accompanying requirements Fawcett abstain from alcohol and continue counselling will safeguard the public and provide Fawcett with the support he needs, disciplinary panel chair Kathy Bueti said in accepting the joint recommendation.

“We recognize that these addiction issues will be a lifelong struggle,” she said. “It’s important that we try to provide as much assistance in these areas as possible.”

dean.pritchard@freepress.mb.ca