Longtime Tillsonburg lawyer’s licence revoked

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The Regulation Society of Ontario says Jim Battin violated Ontario’s Authorized Assist guidelines however the 75-year-old Tillsonburg lawyer says he was making an attempt to assist a consumer who had been deserted by the system.

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The governing physique revoked Battin’s licence on Might 15, saying he took virtually $12,000 from a former consumer’s belief fund in violation of Authorized Assist guidelines. Battin has since repaid the consumer.

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Battin has practised legislation in Ontario for 45 years with out dealing with self-discipline from the society. When contacted by Postmedia, his workplace mentioned he has no touch upon the matter.

The lawyer has a protracted historical past of neighborhood involvement, serving to non-profits and charities, serving politically and sitting as a deputy decide within the Ontario Small Claims Courtroom.

He just lately has been the defence lawyer for former Woodstock Mayor Trevor Birtch, who stands accused of sexual assault.

However his case with the Regulation Society, which has been ongoing since 2019, accuses him of failing to “conduct himself with integrity” by circumventing Authorized Assist’s billing course of, improperly privately billing a Authorized Assist consumer and making deceptive statements to Authorized Assist and the consumer.

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In response to the Regulation Society, Battin mentioned the grievance from his former consumer was a lie and her sufferer affect assertion “completely outlandish.”

He mentioned his consumer, who was searching for a divorce, knowingly agreed to pay him privately and, whereas she nonetheless had a Authorized Assist certificates for authorized work to be accomplished, she had been denied extra time to combat her court docket case.

Battin mentioned the girl was accountable for failing to cancel that certificates, ending her contract with Authorized Assist earlier than getting into into a non-public association with him.

However the Regulation Society believed the complainant, who mentioned that wasn’t true, and mentioned it’s particularly prohibited by Authorized Assist guidelines to enter into such a non-public deal.

The society mentioned Battin took $11,849.65 from a belief account to pay himself what he felt was owed and solely paid it again when pushed by the society.

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These funds have been in a belief from the sale of the girl’s former dwelling and have been supposed to assist repay a number of the authorized prices fronted by Authorized Assist, mentioned the society, whereas admitting a lien ought to have been placed on the house to make sure that occurred.

“The lawyer’s conduct displays an absence of integrity, honesty and trustworthiness,” mentioned the choice towards Battin.

“It was undertaken intentionally in violation of well-established guidelines. It was accomplished for his private achieve, to the detriment of a susceptible LAO consumer.”

The society mentioned Battin hadn’t give you any causes or excuses for his behaviour and as a substitute blamed the Authorized Assist system and the girl who complained.

“Sadly, this provides us no consolation that his misconduct is out-of-character or unlikely to recur,” mentioned the society.

“The one disposition attainable right here is instant revocation of licence.”

As well as, the society ordered that Battin pay it $44,135 for the 135.8 hours authorized workers spent on the case, an quantity that doesn’t embrace different investigation bills.

SGamble@postmedia.com

@EXPSGamble

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