East end lawyer reprimanded over wife’s commission

The Law Society Tribunal released the results of disciplinary action against east end lawyer David Jack Moll on June 13.
The Law Society alleged that Moll, a Toronto resident who was called to the bar in 1975, committed professional misconduct and conduct unbecoming a licensee.
The panel determined that the following allegations were established:
  • While acting as the solicitor for an estate, the Licensee failed to act with integrity in breach of Rule 6.01 of the Rules of Professional Misconduct (then in effect).
  • While acting as the trustee for the same estate, the Licensee acted dishonorably in arranging for a commission to be paid to his wife and by failing to be candid with the beneficiary about his relationship with the person paying and the person receiving the commission.
The panel ordered:
  1. The Lawyer’s licence to practise law shall be suspended for six weeks commencing September 1, 2017.
  2. The Lawyer shall comply fully with the terms of the Law Society’s Guidelines for Lawyers Who Are Suspended or Who Have Given an Undertaking Not to Practise while his licence is suspended pursuant to this Order.
  3. The Lawyer shall participate in a practice review within six months of the date of this Order. He shall co-operate with the practice reviewer and implement forthwith all mandatory recommendations made as a resul
  4. If the parties cannot agree on payment for the practice review, each party may serve and file written submissions on the issue no later than two weeks from the date of this Order.
  5. The Lawyer shall pay costs to the Law Society in the amount of $15,000, with half payable by March 27, 2018 and the other half payable by March 27, 2019.
  6. Commencing the day following the deadline for the payment of costs, interest shall accrue on any unpaid part of these costs at the rate of 2% per year.
Counsel for the Law Society was Amanda Worley. Moll’s counsel was Harry Reginald.
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