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Embattled lawyer calls tribunal ‘unfair’

Diamond asks to retract his professional misconduct admission over what he claims as bias

BETSY POWELL

Combative and defiant, Toronto personal injury lawyer Jeremy Diamond accused a Law Society tribunal of being “biased” and “unfair” Tuesday while demanding that he be allowed to retract his admissions of professional misconduct relating to his firm’s advertising.

“There are major issues of bias. I’m not going to get a fair hearing with this panel. I have a right to have a fair hearing. That is my right, I’m going to exercise that right,” Diamond said during a Zoom proceeding before the disciplinary panel.

Diamond singled out Malcolm Mercer, whom he has unsuccessfully tried to have removed as chair of the three-member panel. He alleged Mercer had preconceived views about the Diamond & Diamond law firm, underscored by Mercer’s previous policy work on misleading advertising and allegedly derisive tweets.

Having Mercer on the panel “was essentially your worst (professional) nightmare come true, right?” Law Society counsel Tushar Pain asked Diamond during cross-examination.

“Yeah, basically right, if you want to put it in those terms,” Diamond said, chuckling.

Last September, on the eve of a disciplinary hearing about alleged misleading advertising, Diamond admitted he had improperly marketed personal injury legal services resulting in a finding of professional misconduct.

Diamond maintains he made the admission because he expected to receive nothing harsher than a reprimand and to pay $40,000 in costs, a position that had been agreed to by his legal team and Law Society lawyers.

At the time, Mercer suggested that was “a mere slap on the wrist,” when a suspension was warranted. In March, the tribunal released a written decision that said a reprimand would be “unhinged from the circumstances of the misconduct in this case.”

On Tuesday, Diamond said his lead lawyer, Brian Greenspan, led him to believe it was “inconceivable” that a Law Society disciplinary panel would reject a joint submission calling for a reprimand. Another member of his legal team, Naomi Lutes, told the panel Tuesday she advised Diamond that rejection of the joint submission was “unlikely” but possible.

Diamond said he would never have admitted misconduct if he knew that could lead to a suspension because it’s “extremely difficult to deal with” and would force him to go “through all sorts of procedures.” He addressed the panel wearing a light-coloured suit and black-framed glasses matching his hair and close-cropped beard.

During closing arguments, Law Society counsel Holly Chapman argued Diamond made an informed decision to admit what he did.

“There is no miscarriage of justice and there is no basis on which the withdrawal of admissions is justified,” she said. Diamond knew the panel could reject the joint submission on penalty and has buyer’s remorse, she said, adding: “He took the chance and he doesn’t like the result.”

“This is about delaying and avoiding the inevitable for as long as possible. The inevitable being, if he stays with this panel, he is going to be suspended.”

Gavin MacKenzie, a former treasurer of the Law Society representing Diamond at this hearing, said his client believes he’s being unfairly targeted for conduct that is ubiquitous in the personal injury bar and that other firms found guilty of misleading advertising had their matter resolved with reprimands.

Diamond’s previous admission should be struck, and the Law Society then “prove” its case against him, MacKenzie said.

The tribunal reserved its decision. Mercer said parties will be asked to submit “what we should do next.”

‘‘ I’m not going to get a fair hearing with this panel. I have a right to have a fair hearing. That is my right.

JEREMY DIAMOND PERSONAL INJURY LAWYER

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2022-07-06T07:00:00.0000000Z

2022-07-06T07:00:00.0000000Z

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