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Controversial lawyer resigns and avoids discipline C ontroversial lawyer Sheldon Goldberg, known for taking unpopular criminal cases, has resigned, side-stepping dis- ciplinary action. Goldberg, called to the bar in 1973, has undertaken not to practise law for five years from his August 2009 resigna- tion. The Law Society of British Columbia will not go forward with two citations but place them in his file. This closes the chapter on a 35-year career. The last decade was full of strange behaviour that began drawing attention from the LSBC as early as May 1996. "A Supreme Court judge had reported that the respondent had made inappropriate and insulting remarks in Court," the LSBC find- ings read. Further, "Mr. Goldberg became involved in a personal struggle with . . . the trial judge." Goldberg had a solid reputation as a criminal lawyer in Vancouver. He has tackled difficult appeals, winning new tri- als for appellants and represented accused in notorious criminal cases. "He champi- oned some of the most unpopular cases," says Howard Rubin, a veteran defence lawyer. Goldberg handled legal aid cases, often working unpaid or on cases for $85 an hour while other lawyers with his expe- rience billed much more, says Rubin. "He played an important function and took a lot of cases no one else wanted to take." The 1996 citation was the first of many complaints against him. The latest were in May 2008 and April 2009. The former alleged Goldberg failed to appear in pro- vincial court to set a date and to respond to LSBC investigators in complaints made by provincial court judges. A panel of benchers ruled Goldberg engaged in professional mis- conduct but due to his resignation, a penalty hearing is not being scheduled. The April 2009 citation relates to Goldberg's conduct in court and alleges he displayed disrespect for the court, a lack of knowledge or skill relating to criminal prac- tice and procedure, and conducted himself in a manner contrary to his obligation as an officer of the court. Other complaints over the years have included overbooking court space, having ntitled-7 1 the wrong accused in the court dock, leaving a client in mid-trial, and causing a mistrial. Financial problems added to his burden as one LSBC hearing resulted in costs as high as $60,000 for hearing costs. Rubin feels there should have been more done to get to the root of the problems that caused Goldberg's difficulties. No reason has been given for Goldberg's performance deterioration, although reports have hinted at health issues. — JS Practice Management PCLaw™ LexisNexis® Accounting software that SPEAKS LEGALESE. PCLaw™ billing and accounting software combines what you need to track your time and money all in one system — from time and billing to trust accounting, cheque writing, fi nancial statements, client identifi cation and verifi cation, automatic backup with scheduler, offl ine fi le management, advanced reporting tools and more. Best of all, it's easy to use and ready to go to work instantly. Discover how PCLaw can help your fi rm reach greater levels of productivity and profi tability. For more information, call 1-800-328-2898 or visit www.lexisnexis.ca/pclaw. Download and Try PCLaw for FREE* * Download PCLaw free for 30 days. Certain conditions apply. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under licence. PCLaw is a trademark of LexisNexis Practice Management Systems Inc. © 2009 LexisNexis Canada Inc. All rights reserved. www. C ANADIAN Law ye rmag.com OC T O BER 2009 11 9/9/09 3:59:05 PM