A Law Society panel has extended North Battleford lawyer Kevan Migneault’s suspension from the practice of law until Dec. 31, 2017.
That is the final penalty handed down June 29 by the Law Society of Saskatchewan in connection to Migneault’s activities involving a fraudulent investment scheme of one of his clients. Migneault has been found guilty of several counts of conduct unbecoming a lawyer in a ruling earlier this spring, after a lengthy investigation process by the Law Society.
Migneault had already been serving an interim suspension from the practice of law since December 2015. The penalty brings Migneault’s overall suspension to just over two years.
According to the ruling, Migneault must also pay costs of $15,360 by that time; if not, he remains suspended until that is paid.
Migneault will also be subject to several conditions. He must complete a program of continuing professional development, with a focus on ethical issues and law office management. Also, once his practice resumes, it is subject to the condition that Migneault not have control of any trust fund or trust monies associated with his practice without the express written approval of the Executive Director of the Law Society of Saskatchewan and subject to any conditions the Executive Director may impose; and the condition that he not lend money to any client.
The overall Law Society investigation into Migneault was in connection to his involvement with Allan Moen, a client involved in a series of fraudulent schemes who was sentenced to a three-year prison term.
According to the Agreed Statement of Facts filed with the Law Society in the matter, the RCMP had conducted a search of Migneault’s law office of files related to Moen on or about October 15, 2012. “In the context of the search by the RCMP, it soon became apparent to the Law Society that the Member’s law firm had deep ties with Moen and that large amounts of the funds from investors in Moen’s schemes flowed through the Member’s firm,” that statement read.
In a decision handed down April 2, the Hearing Committee of the Law Society found Migneault guilty of facilitating participation in the frauds, and of enabling Moen to achieve an improper purpose by using his law firm and status as a lawyer to legitimize the fraudulent activities. Migneault also entered guilty pleas to several trust account violation charges.
During the penalty hearing held on May 31, Migneault had sought “time served” of an 18-month suspension. The investigation committee, however, recommended disbarment.
In the end, the three-person hearing committee stopped short of disbarment, but tacked on several months to Migneault’s interim suspension so he will not be able to resume practice right away.
Ultimately, the panel concluded a lengthy suspension would meet the requirements of “general deterrence,” and send a message to members of the profession.
“There may be members of the general public who would see a suspension, even of significant length, to be inadequate in these circumstances,” the panel stated in its June 29th decision.
“Whether or not that might be due in part to a misunderstanding of the specifics of the Member’s conduct, it shouldn’t be ignored. However, if other factors such as deterrence and suitability to practice do not justify disbarment, there must be a meaningful basis to conclude disbarment is required in order to maintain public confidence. We are satisfied that public confidence will be maintained without a penalty of disbarment.”
On the issue of Migneault’s rehabilitation, the panel ruled that Migneault “was straightforward with the Hearing Committee when we pressed him on his apparent history of mixing his natural tendencies to lend a helping hand with his professional obligations. He has acknowledged that he must never again allow those tendencies to compromise his responsibilities as a lawyer and that he must maintain appropriate boundaries between his personal commitments in his community and his professional obligations. With respect to the Moen transactions, we are satisfied the Member not only accepts his responsibility for the harm done but understands what he must do going forward to ensure he never repeats similar conduct. Consequently, we believe that, subject to appropriate conditions, he can ultimately resume his practice.”
Among the mitigating factors presented to the committee was that Migneault had no prior disciplinary record and had been fully co-operative with the investigation.
Full details on the penalty ruling, as well as the facts of the case, have been published at the Law Society’s website at www.lawsociety.sk.ca, with a link to the decision posted on the site’s front page.
While this ruling brings a conclusion to the Migneault matter with the Law Society, it is not over yet for Migneault’s law partner Murray Greenwood.
Greenwood also faces a Law Society hearing facing similar charges of conduct unbecoming a lawyer, and that is scheduled for Aug. 15 in Saskatoon.
