Complaints, Lawyer Discipline and Public Hearings

Summary of the Decision of the Hearing Panel on Facts, Determination and Disciplinary Action

GLENFORD EMERSON GREENE

Smithers, BC

Called to the bar: May 12, 1980

Discipline hearing: May 29, 2017

Panel: Gregory Petrisor, Chair, Gavin Hume, QC and Laura Nashman

Decision issued: October 30, 2017 (2017 LSBC 38)

Counsel: Carolyn Gulabsingh for the Law Society; Glenford Greene appearing on his own behalf.

FACTS AND DETERMINATION

Glenford Greene attended a Family Case Conference with his client in person. A few minutes into the proceedings, Greene and opposing counsel began arguing and talking over one another. Opposing counsel asked Greene to shut up. Greene reacted by getting out of his chair and approaching opposing counsel, standing over him and saying, “ You shut up yourself. You shut up. Don’ t tell me to do anything back and forth like this. I won’ t put up with this. Who the hell do you think you are anyway?” The presiding judge was able to shout over the exchange and ended it.

Greene sent a letter to court staff later that day and apologized for his part in the “ disgraceful display” in proceedings and asked that it be forwarded to the presiding judge. He also sent a letter to opposing counsel suggesting they should not have behaved as they did and should agree it will not happen again. He also said, “ If you continue to insult me and my clients, I am going to stand up for them.” Greene said he has taken active steps to improve his relationship with opposing counsel.

Greene admitted that his conduct constituted professional misconduct. The hearing panel determined Greene’ s conduct was a marked departure from what the Law Society expects of lawyers and therefore constitutes professional misconduct.

DISCIPLINARY ACTION

The panel considered Greene’ s professional conduct record, his experience, the impact of his conduct, his acknowledgement of the misconduct, and the range of penalties in similar cases.

The panel ordered that Green

  1. pay a fine of $5,000; and
  2. pay costs to the Law Society.

2017 LSBC 38 Decision on Facts, Determination and Disciplinary Action