(BlackburnNews.com file photo, courtesy blogspot.com.)(BlackburnNews.com file photo, courtesy blogspot.com.)
Chatham

Woman blindsided by lawyer

The Law Society of Ontario is sharing more details about a Chatham lawyer who recently had his licence suspended for two months for professional misconduct.

Jeffrey Michael James Rehner was found guilty of professional misconduct on January 21, 2020 after admitting he failed to serve his client for over a year in a family law matter that lasted from 2015-2017. His client's ex-husband wanted to terminate child support for their daughter who had just turned 18.

The tribunal was told Rehner was not promptly answering communications from the opposing lawyer, was not being honest and candid with his client, and was not fully disclosing what happened during two motions in the proceeding that resulted in orders that seriously cost her. The disciplinary hearing also heard that Rehner also failed to promptly return retainer funds to the client when she terminated the solicitor/client relationship, continually sent communications to an address that didn't exist, and did not attempt to contact his client by any other means when he got no response. The documents included court orders to end the child support, an order for legal costs, and an order to repay nearly $12,000 in child support. As a result, her wages were garnished at 50 per cent for 11 months and she had to retain a new lawyer to address the orders and continue the litigation.

"In our view, all of his communications about the motions, minimal as they were, lacked candour and honesty. That dishonesty seriously prejudiced his client’s rights," wrote the tribunal in its ruling.

The woman told the tribunal in a victim impact statement that she was blindsided by the orders and the three-year ordeal affected her employment, her mental health, and her finances. She said she went bankrupt and her credit rating went in the toilet.

Rehner said his mother was notified in March of 2016 that she had brain, lung, and liver cancer and he was the primary caregiver. He said he had a hard time functioning after she passed away two months later, he had no support staff and backlogs in his files were mounting. The tribunal said during challenging personal times, lawyers must either continue to serve their clients as "required of a professional", or scale back their practice.

"The lawyer failed to seek the help that he needed, and his personal circumstances do not explain his lack of honesty and candour with his client as adverse events arose in her case," hearing officials said.

Rehner's licence was suspended in February and March of 2020 and he has until January 2021 to pay $5,000 in legal costs.

"The lawyer’s failure to be honest and candid with his client about his errors is the most serious aspect of the misconduct," added the tribunal. "Trust is a hallmark of lawyer-client relationships. Moreover, his failure to serve and communicate properly was also serious in light of the consequences of the motions that his client was facing, including the loss of child support and striking out of her response."

Rehner has been serving Legal Aid clients in the areas of child protection, family law, and criminal law since 2002.

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