Complaints, Lawyer Discipline and Public Hearings

Summary of Decision on Disciplinary Action

Aengus Richard Martyn Fogarty

Called to the bar: August 5, 1987

Suspended: July 9, 2018

Ceased membership for non-payment of fees: January 1, 2020

Written submissions: April 28 and May 18, 2021

Hearing panel: Philip Riddell, QC (Chair), Brendan Matthews and Carol Roberts

Decision issued: June 9, 2021 (2021 LSBC 25)

Counsel: Kathleen Bradley for the Law Society; no one appearing on behalf of Aengus Richard Martyn Fogarty

BACKGROUND

At the facts and determination hearing (2021 LSBC 01), the panel found Aengus Richard Martyn Fogarty committed professional misconduct in failing to respond in a substantive manner to two of the Law Society’s requests for information and documents in his possession dealing with a client. The panel dismissed several allegations in the citation, including failure to respond in a substantive manner to the requests about a second matter the Law Society was investigating, destruction of records relating to transactions in the second matter, and implying that he was qualified to practise as a barrister or solicitor in England.

DISCIPLINARY ACTION

The Law Society sought to have Fogarty disbarred on the basis of ungovernability or, in the alternative, to suspend him until he has responded with full and substantive answers to the Law Society’s requests with an additional one-month suspension to be served. Fogarty did not provide submissions.

The panel examined the issue of ungovernability and determined that there was no pattern of misconduct and Fogarty did not have any disciplinary history except for administrative suspensions related to the current citation. The panel concluded that the additional one-month suspension the Law Society sought was not justified.

The panel ordered Fogarty to:

  1. be suspended starting immediately and ending when he has provided full and substantive responses to the Law Society’s requests;
  2. pay a fine of $7,000; and
  3. pay costs of $12,354.75.

2021 LSBC 25 Decision on Disciplinary Action