lawyer who sent topless photo of client of opposing counsel sanctioned by law society of alberta
the law society of alberta reprimanded v.a. (bud) macdonald for conduct which brings the administration of justice into disrepute
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sending a half-naked photo of an opposing counsel’s client to him during a civil domestic dispute has landed a senior calgary lawyer in hot water with his governing body.
in a written decision, a three-member law society of alberta committee issued a formal reprimand against v.a. (bud) macdonald for conduct which brings the administration of justice into disrepute.
the tribunal also ordered macdonald to pay costs of the proceedings against him of $1,500.
macdonald admitted committing conduct deserving of sanction after he sent a topless photo of the woman, a “selfie” taken with macdonald’s client and a friend of the woman, as part of his obligation to serve the other side with his client’s affidavit of records.
despite complaints from opposing counsel, macdonald initially defended his decision to include the photograph, “stating that it was relevant and material to an issue in the ongoing action,” the law society panel said.
“macdonald noted that the complainant alleged that she had been sexually assaulted by his client on nov. 3, 2019; his client advised him that the photograph had been taken on the same day, and that such a photograph therefore served to contradict (her) evidence that she was raped that day.”
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macdonald’s counsel, alain hepner, told the committee members macdonald’s understanding of his obligations was not legally sound and there were other ways the lawyer could have addressed the issue relating to disclosure even if the photograph was relevant and material to the case.
counsel for the law society said even if the picture was relevant to the dispute, macdonald could have met his duties by simply calling the other lawyer and discuss the issue and provide a written description of the image.
finding macdonald’s breach a minor one, the committee agreed a reprimand, the lowest level of sanction available, was appropriate.
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