A Winnipeg lawyer has been given a six-month suspension after he punched an articling student in the groin — a decision that a law society disciplinary panel says sends “a strong message” that such behaviour is not acceptable.
David Hirsch Davis pled guilty to professional misconduct during a hearing at the Law Society of Manitoba in May, after he punched his articling student in the groin, according to a written decision from the disciplinary panel dated July 9.
He has received a six-month suspension and a $2,500 fine for investigative costs, the decision says. He has also been barred from applying to be in a supervisory position over any students for at least two years and must continue to receive mental health counselling and treatment.
The penalties against Davis send “a strong message” that needs to be sent to future lawyers to show that similar behaviour “will not be tolerated,” the panel says in its decision.
Davis, who operates his own legal practice and has been a member of the law society since 1989, was charged with two counts of professional misconduct in January 2023 in connection to the punching. The law society later stayed the second count.
The decision says the punching took place as Davis sat at his desk in his office, with the articling student standing beside him, as they both looked at his computer.
The two were on a call with the federal court registry to check whether certain documents related to a file that the articling student had been helping with were submitted to the court, the decision says.
Davis confirmed that the documents had been filed, but during the call, he “turned to the student and punched him one time,” the panel wrote.
“The strike landed on the student’s groin area. The student doubled over in pain, shouted at Mr. Davis and left the office.”
History of penalties
Davis has a history of disciplinary action and has faced penalties three times in the past, the decision says.
In 2001, Davis pled guilty to conduct unbecoming of a lawyer and was given a 45-day suspension and $1,000 fine for making unwanted, sexual comments to a client who was seeking help to apply for refugee status.
He was disciplined again in 2008, after he pleaded guilty to professional misconduct for failing to correct an administrative error that led to numerous breaches of his obligations to a trust account, the decision says. He was reprimanded and fined $2,500.
Davis pled guilty to professional misconduct in 2009, resulting in a six-month suspension and $25,000 fine, after he was found to have wrongfully charged a referral fee to a client and knowingly had two of his clients break the rules of a live-in caregiver program.
Ayil Klein, counsel for the law society, argued “although the member’s discipline history was somewhat dated, it revealed a pattern of problematic behaviour on the part of the member when he stands in a position of authority or control over another person.”
Greg Bartel, Davis’s lawyer, argued that Davis had nothing to gain from assaulting the student, as it did not involve clients, money or honesty like his past breaches.
Bartel said the punching was “an unfortunate but momentary lapse of control.”
‘Grave concerns’
The panel said it has “grave concerns” about Davis’s conduct and the risk of similar behaviour in the future. It decided that a six-month suspension would match Davis’s most recent suspension in 2009, which appeared to have served as a deterrent.
“The suspension, coupled with the other sanctions that were jointly recommended, would appropriately serve as a deterrent to the member against future misconduct, as well as a warning to the profession that conduct of this nature will not be tolerated, and is a suspension that is otherwise in the public interest.”
The articling student that Davis punched did not provide a victim impact statement to the panel. Klein argued that the student did so out of a desire not to be involved in the proceedings and to protect their anonymity.
Davis prepared a written statement for the hearing, but “was too emotional” to read it, the decision says.
Davis’s lawyer read the statement on his behalf, which said Davis was remorseful and apologized to the articling student, the law society and to the public, promising it would not happen again.
Since Davis is a sole practitioner, the panel says it decided not to impose a start date for his suspension so they and Davis could have “ample opportunity” to sort out how to best serve his clients during his suspension.