Winnipeg lawyer found guilty of misconduct after accusing Crown of causing woman's suicide

A Winnipeg lawyer has been found guilty of four counts of professional misconduct by the Law Society of Manitoba, after accusing a Crown attorney of causing the suicide of a victim of assault. 

This is the fourth citation the law society has made against lawyer Ian Histed. 

The most recent citation stems from a 2014 case in which the lawyer was representing a man accused of assault causing bodily harm against his domestic partner. The man, referred to as B.J. in the document, was convicted in October 2016. 

A copy of the law society's Dec. 13, 2019, decision, says B.J. was accused of breaking his partner's nose, dislocating her jaw, and chipping her tooth, among other injuries.

According to the decision, Histed's client was ordered to have no contact with the complainant, referred to as K.F., after the charges were filed.

However, the client told Histed that K.F. wanted to have contact with him and was suicidal. Histed then emailed the Crown prosecutor in the case, Sheila Seesahai, on Sept. 10, 2014, asking that the no-contact order be relaxed. 

"It would be sad and ironic indeed if the measures meant to protect her result in a tragedy," he wrote. 

You should be contacting your insurer rather than proceeding with a preliminary inquiry.- Email from Ian Histed to Crown attorney Sheila Seesahai

Seesahai replied that after speaking with victim services, she wasn't prepared to relax the conditions, but said that victim services would keep in good contact with K.F.

Histed replied that his client was "convinced that [K.F.] is going to commit suicide."

There was no further contact between the two, until Oct. 23, 2014, when K.F. took her own life. 

The basis of the law society complaint was subsequent emails in which Histed asserted that the woman's suicide was a "direct, foreseeable result" of the Crown attorney's decision not to lift the no-contact order. 

"My client suffered a terrible loss as a consequence. You should not be handling this matter as you are in a conflict of interest," said an email sent by Histed on Dec. 22, 2014. 

"You should be contacting your insurer rather than proceeding with a preliminary inquiry."

Complaint launched by prosecution services

As a result, in March 2015, Manitoba Prosecution Services wrote to the law society, saying that the email constituted professional misconduct. 

In response to the complaint, Histed admitted sending the email but denied the statements were unprofessional, saying they were a "candid" expression of his opinion and that he "could have gone quite a bit further about what I thought of her [Seesahai] causing the death of the complainant."

"In the same response, he did in fact go further," the law society's decision says, adding that in his response, Histed said the Crown attorney should be prosecuted for criminal negligence causing death. 

In June 2015, the society issued a reminder to Histed to respect his professional obligations under its professional code of conduct.

But Histed continued to allege misconduct by Seesahai and Manitoba Prosecution Services, the decision says. He also argued in court that the charges against his client should be stayed on the grounds of Crown misconduct in relation to K.F.'s suicide. 

"There was an act by [Seesahai], a criminal act in my respectful submission, extortion that led to this poor woman's death," he told the court, according to the society's decision. 

The motion to stay B.J.'s charges was dismissed and Histed's client was convicted. 

Comments 'honest beliefs': lawyer

The law society formally charged Histed with professional misconduct in October 2017. 

In response to the professional misconduct charges, Histed's attorney, Phillip Cramer, argued that his client's comments reflected his "honest beliefs" based on his analysis of the evidence, and that lawyers are entitled to be wrong. 

He also argued that convicting Histed would have a chilling effect on lawyers advocating for their clients, and send a message that lawyers' main concern should be civility.

Nevertheless, the law society found Histed guilty of professional misconduct. 

Cramer told CBC News he and his client had no comment on the charges. 

Serious, unusual case 

Leah Kosokowsky, director of regulation for the Law Society of Manitoba, said the allegations made by Histed were unusual and very serious, but had no basis in fact. 

While lawyers are encouraged to be zealous advocates for their clients, which means they sometimes have to take unpopular opinions, they also must have a factual basis for their arguments, she said.

"They're very much discouraged from voicing simply their personal opinions, and they're discouraged from allowing any opinions they have about other lawyers to interfere with their advocacy on behalf of their clients," said Kosokowsky.

"That was the case here, and that's what made it unusual."

A penalty hearing for Histed has been scheduled for Feb. 12. Currently, there are no restrictions on his practise of law.

If you're experiencing suicidal thoughts or having a mental health crisis, there is help out there. Contact the Manitoba Suicide Prevention and Support Line toll-free at 1-877-435-7170 (1-877-HELP170) or the Kids Help Phone at 1-800-668-6868, or text Kids Help Phone at 686868.