Diamond asks to retract expert misconduct admission

Combative and defiant, Toronto personal hurt lawyer Jeremy Diamond accused a Laws Society tribunal of being “biased” and “unfair” Tuesday whereas demanding that he be allowed to retract his admissions {{of professional}} misconduct relating to his company’s selling.

“There are important issues with bias. I’m not going to get an excellent listening to with this panel. I’ve a correct to have an excellent listening to. That is my correct, I’ll practice that correct,” Diamond acknowledged all through a zoom persevering with sooner than the disciplinary panel.

Diamond singled out Malcolm Mercer, whom he has unsuccessfully tried to have eradicated as chair of the three-member panel. He allegedly Mercer had preconceived views regarding the Diamond & Diamond regulation company, underscored by Mercer’s earlier protection work on misleading selling and allegedly spinoff tweets.

Having Mercer on the panel “was primarily your worst (expert) nightmare come true, correct?” Laws Society counsel Tushar Ache requested Diamond all through cross-examination.

“Yeah, primarily correct, if you happen to want to put it in these phrases,” Diamond acknowledged, chuckling.

Remaining September, on the eve of a disciplinary listening to about allegedly misleading selling, Diamond admitted he had improperly marketed personal hurt licensed firms resulting in a discovering {{of professional}} misconduct. Diamond maintains he made the admission on account of he anticipated to acquire nothing harsher than a reprimand and to pay $40,000 in costs, a spot that had been agreed to by his licensed workers and Laws Society attorneys.

On the time, Mercer advisable that was “a mere slap on the wrist,” when a suspension was warranted. In March, the tribunal launched a written selection that acknowledged a reprimand might be “unhinged from the circumstances of the misconduct on this case.”

On Tuesday, Diamond acknowledged his lead lawyer, Brian Greenspan, led him to contemplate it was “inconceivable” {{that a}} Laws Society disciplinary panel would reject a joint submission calling for a reprimand. One different member of his licensed workers, Naomi Lutes, knowledgeable the panel Tuesday she prompt Diamond that rejection of the joint submission was “unlikely” nonetheless doable.

Diamond acknowledged he would on no account have admitted misconduct if he knew that may end in a suspension on account of it’s “terribly powerful to care for” and would stress him to go “by all kinds of procedures.” He addressed the panel sporting a light-colored go effectively with and black-framed glasses matching his hair and close-cropped beard.

All through closing arguments, Laws Society counsel Holly Chapman argued Diamond made an educated option to confess what he did.

“There is not a miscarriage of justice and there is not any basis on which the withdrawal of admissions is justified,” she acknowledged. Diamond knew the panel might reject the joint submission on penalty and has purchaser’s remorse, she acknowledged, together with: “He took the prospect and he doesn’t similar to the result.”

“That’s about delaying and avoiding the inevitable for as long as doable. The inevitable being, if he stays with this panel, he’ll be suspended.”

Gavin MacKenzie, a former treasurer of the Laws Society representing Diamond at this listening to, acknowledged his client believes he’s being unfairly targeted for conduct that is ubiquitous inside the personal hurt bar and that totally different firms found accountable of misleading selling had their matter resolved with reprimands.

Diamond’s earlier admission must be struck, and the Laws Society then “present” its case in opposition to him, MacKenzie acknowledged.

The tribunal reserved its selection. Mercer acknowledged occasions will in all probability be requested to submit “what we should all the time do subsequent.”

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