Real estate lawyer disbarred after misappropriating $9,096

Winnipeg real estate lawyer Robert Doolan, who practised for 37 years, has been disbarred for misappropriating relatively small amounts of clients' money and misleading the investigation into the matter.

After a disciplinary hearing in 2013, the Law Society of Manitoba took away Doolan's licence to practise on Dec. 23, 2014, but the regulatory body did not publish the decision on its website until last month.

Doolan declined an interview request, but he is appealing the decision to the Manitoba Court of Appeal.

He is required to pay $38,108 toward the costs of the law society's action against him.

That amount is greater than the total of $9,096 that Doolan was found to have misappropriated from 86 clients, according to law society documents.

The investigation concluded that Doolan misled the society during its investigation on some 17 different occasions, and on 12 other occasions falsified bank deposit slips with the intention of concealing prior misappropriation.

"This was not an immediate or knee-jerk reaction to the situation in which he found himself. He embarked on a somewhat elaborate and detailed scheme of attempted deception," the discipline committee panel wrote.

Suspended in July 2013

Doolan had been suspended from practice in July 2013 for failing to comply with restrictions imposed upon him by the investigation committee.

The discipline panel found that Doolan misappropriated client monies in the form of refunds for clients on registrations at the Winnipeg Land Titles Office.

On five occasions, Doolan deposited refund cheques from the land titles office into his own personal bank account, the panel found.

In his defence, Doolan argued that many of the refund cheques were for amounts less than $100.

"According to Doolan, such small amounts were indicative of a lack of intention to steal or misappropriate any monies," the decision said.

His biggest mistake...was attempting to conceal what he had done from the Law Society."- Discipline committee decision

"Mr. Doolan indicated that he normally billed between $25,000 and $30,000 per month and therefore he did not need to steal these relatively small amounts of money," the panel wrote.

"He asked the rhetorical question of why he would steal approximately $300 per month in Land Titles Office refunds cheques if he could have increased his income significantly by simply increasing the fees he charged," the panel added.

"His biggest mistake, in his opinion, was attempting to conceal what he had done from the law society…. He did this out of fear and panic because he had been advised by at least two lawyers that he was going to get disbarred."

Relatively small amounts

The panel concluded it was irrelevant that most of the refund cheques involved were for relatively small amounts.

"Misappropriation of client funds is misappropriation, irrespective of the amount involved," the decision said.

Doolan's notice of appeal, filed in court in January, seeks to set aside the decision to disbar him, arguing it was contrary to law and evidence and is "patently unreasonable."

It also claims that the discipline committee admitted into evidence material that is irrelevant and inflammatory to Doolan.