Brandon lawyer suspended indefinitely for misconduct

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This article was published 06/02/2024 (591 days ago), so information in it may no longer be current.

A Brandon lawyer will be suspended indefinitely until he can prove that he has his addictions under control, according to a Law Society of Manitoba decision late last year.

Ryan Fawcett, who worked as a criminal defence lawyer for Legal Aid in Brandon, pleaded guilty at a law society hearing on Nov. 28 to professional misconduct and conduct unbecoming to a lawyer after making unwanted communications of a “sexual and harassing nature” on multiple occasions to five women over several years since 2016.

He also breached conditions set earlier by the law society to not consume alcohol and not contact female lawyers or women employed in the legal field outside of work.

In a Dec. 11 hearing decision by the law society, Fawcett was immediately suspended for two months and must pay the society $5,000 as part of his sanctions.

He will not be allowed to practise law until “he demonstrates to the CEO of the Society that he has [his] addictions under control with a reasonable demonstration of stability such that he can be trusted to practise under such conditions.”

The sanctions were a recommendation agreed on by both the law society and Fawcett’s lawyer.

The lawyer for the society, Rocky Kravetsky, said none of the behaviours Fawcett was being disciplined for occurred in his day-to-day dealings with clients and colleagues, and his recent offences occurred while he was under the influence of alcohol.

“While (Fawcett) has demonstrated an ability in the past to abstain from the misuse of these substances, his addictions are not currently under control and there is no way to predict when that control might be achieved,” he said.

Kravetsky emphasized that the indefinite suspension protects the public by allowing Fawcett to return to his legal practice when it is safe for him to do so.

At the hearing, Fawcett’s lawyer, Greg Bartel, said his client has admitted his guilt and accepted responsibility for his actions. He said Fawcett’s offences stem from his addiction.

“He has paid (and continues to pay) a heavy price as a consequence of his illness,” Bartel said.

According to an agreed statement of facts that was filed for the hearing, Fawcett was called to the bar in 2001 and has been practising criminal defence law in Brandon since 2010.

In October 2017, Fawcett was at The Dock on Princess with other lawyers, including an articling student. All were drinking alcohol and Fawcett became intoxicated. Later that evening, Fawcett got up from his seat, walked around the table and grabbed the articling student’s left breast.

He was criminally charged with sexual assault, although he later pleaded guilty to common assault as part of a plea bargain.

In December 2021, Fawcett used a dating app to communicate with a legal assistant, who identified herself as such.

Fawcett identified himself as “Bill,” but after becoming uncomfortable during a phone call with him, the legal assistant learned his true identity through a news article about his prior society discipline case and later blocked his phone number.

In August 2020, Fawcett was banned by the society from electronically communicating with female lawyers in the province except for work-related reasons.

Later in October of that year, he was placed on further restrictions by the society to not contact any female lawyers, legal assistants or employees of the courts, Manitoba Justice, Justice Canada or Legal Aid Manitoba electronically unless it was work-related.

» gmortfield@brandonsun.com

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