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'Ungovernable' lawyer in Newfoundland disbarred for breaching conduct code 25 times

ST. JOHN'S, N.L. — A lawyer in Newfoundland has been disbarred by the province's law society for being "ungovernable.
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A lawyer in Newfoundland has been disbarred by the province's law society for being "ungovernable." The Law Society of Newfoundland and Labrador released a decision this week after a hearing in September heard that Averill Baker had been found guilty of breaching the society's code of conduct 25 times and breaking other rules 10 times. Newfoundland and Labrador's provincial flag flies on a flagpole in Ottawa, Friday, July 3, 2020. THE CANADIAN PRESS/Adrian Wyld

ST. JOHN'S, N.L. — A lawyer in Newfoundland has been disbarred by the province's law society for being "ungovernable." 

The Law Society of Newfoundland and Labrador released a tribunal decision this week after a hearing in September learned that Averill Baker had been found guilty of breaching the society's code of conduct 25 times and breaking other rules 10 times. 

Among other things, the tribunal found that Baker had failed to protect solicitor-client privilege, neglected to pay required fees in a timely manner and showed disregard for ethical and professional standards.

Baker told the tribunal she was under a great deal of stress during the past two years because she had lost her mother and was forced to live in a hotel because she was dealing with a stalker, and she did not acknowledge any wrongdoing. 

The governing body says Baker also made it clear during the hearing that she would not follow the rules or comply with her ethical obligations. 

The decision released Wednesday says Baker's conduct demonstrated a "pattern of dishonest and misleading behaviour" that had an impact on clients and put the integrity of her profession at risk. 

The 53-year-old lawyer was also ordered to pay the law society $9,350 to cover costs. 

"The respondent is an experienced lawyer with a prior discipline history, including both formal adjudication tribunal decisions and letters of caution and counsel, a history of administrative non-compliance with law society requirements, and a clear pattern of ignoring law society correspondence," the decision says. 

This report by The Canadian Press was first published Jan. 4, 2024. 

The Canadian Press

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