Renowned human rights lawyer David Matas has been slapped with a reprimand by the Law Society of Manitoba after failing to comply with restrictions that had been placed on his legal practice.
Matas, 80, started practising law in 1971 and had never been sanctioned by the society, which described him in a recently released decision as an “icon in the profession” whose work has brought light to human rights issues around the world.
“That he has found himself for the first time before a disciplinary panel of the law society so late in that career is indeed unfortunate,” the panel wrote in a 10-page decision.
JOE BRYKSA / FREE PRESS FILES
David Matas, 80, started practising law in 1971 and had never been sanctioned by the society.
Matas pleaded guilty to professional misconduct for failing to comply with an undertaking he gave to the society in February 2022 in which he agreed to restrict his practice to acting as counsel to other lawyers (described in the undertaking as “responsible lawyers”). The undertaking required that Matas not accept retainers, not provide legal services directly to clients without a responsible lawyer present, and advise former clients that they would have to find new counsel.
A law society representative did not reply to a Free Press query Friday as to what precipitated Matas entering into the undertaking.
As per an agreed statement of facts provided to the disciplinary panel, Matas breached several terms of his undertaking: he accepted three retainers from one client, appeared in Federal Court for three clients without a responsible lawyer present, provided legal advice to four clients without a responsible lawyer present, and failed to transfer the files of six clients to a responsible lawyer.
The charge against Matas involved his work for six clients who were represented by one of seven responsible lawyers he had engaged to assume conduct of his files.
“The evidence before us is that the lawyer in question… appeared to feel they were ‘counsel in name only,’” and left Matas to collect some of the fees for them and on at least one occasion left Matas to appear in court on his own, the disciplinary panel wrote.
The panel found no clients were prejudiced by Matas’s actions and accepted he did what he thought was in their best interests.
“While these facts are mitigating, they do not… excuse (Matas’s) failure to discharge his obligations in the undertaking,” the panel wrote.
Matas has written 13 books on human rights issues, travelled to more than 75 countries to promote human rights causes, and has been a frequent delegate to the United Nations.
“Having practised for so long and so successfully without a blemish on his record, to have made a mistake like this at this late date must be particularly painful to (Matas),” the panel wrote.”
A breach of an undertaking cannot go unpunished, “no matter how well-regarded the member,” the panel wrote. “It is critical the society clearly demonstrate that no member is immune from consequence if they fail to uphold the standards of the profession.”
In addition to the reprimand, the society ordered that Matas pay $1,500 toward the cost of the hearing.
dean.pritchard@freepress.mb.ca
Dean Pritchard
Courts reporter
Dean Pritchard is courts reporter for the Free Press. He has covered the justice system since 1999, working for the Brandon Sun and Winnipeg Sun before joining the Free Press in 2019. Read more about Dean.
Every piece of reporting Dean produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.
Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber.
Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.