Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m S E P T E M B E R 2 0 1 7 7 N ew Brunswick's former deputy minister of justice is currently in big trouble with the Law Society of New Brunswick. The law society has officially filed a notice of complaint against the one-time Fredericton-based lawyer, contending that he "abandoned his clients" to the tune of $742,795.88. That's the amount Yassin Choukri is alleged to have stolen from 10 clients over a six-year period. Last fall, he quietly left the province without informing col- leagues or clients. Although serious, this is an unavoidable situation, says Shirley MacLean, the LSNB's deputy executive director in Fredericton. "There is really no way to avert this unless you are standing over someone's shoulder." There are often no red flags that some- thing is amiss until it's too late, she adds. "Across the country, there is no common thread about who gets in trouble. You can't predict." One thing is certain: The process to address the situation is time-consuming and expensive. In the case of Choukri, once a top senior legal official in New Brunswick, the impact will be felt on every lawyer in the province. Effective this fall, the annual stipend for the society's com- pensation fund rose to $115 from $20 per lawyer to cover the amount needed to repay Choukri's clients. This includes a $250,000 payment to a company for loss of a building to fire 13 years earlier. According to the complaint notice, "Company X never received any of the settlement funds." Choukri, once a law partner with for- mer N.B. premier Bernard Lord, is also accused of misappropriating $200,000 advanced as a loan from a financial litiga- tion company to help pay disbursements. Of this, $175,000 was deposited into his trust account and the remainder into his general account. "[N]one of the loan mon- ies were used to benefit his clients," the notice states. There is nothing in the notice of com- plaint to indicate why the funds have gone missing. However, an affidavit filed earlier by the law society referred to Choukri's gambling problems. The anticipated $740,000 payout is the largest the LSNB has experienced in at least 20 years, MacLean says. In 2015, the society paid out $30,000, the largest amount ever awarded to one individual. Under the terms of its insurance coverage, the society has a maximum deductible of $500,000. The compensation fund cur- rently has roughly $1.1 million in funds. Choukri was suspended from the law society in January. However, a month later, the suspended and missing lawyer withdrew almost $22,000 from his New Brunswick trust account. If Choukri does not appear before the disciplinary committee panel, as anticipat- ed, "we proceed as if the person is here," says MacLean. "The person is entitled to due process." Failure to appear, however, comes at a significant price. "If the person doesn't reply or appear, they can be deemed to have admitted guilt," notes MacLean. — DONALEE MOULTON REGIONAL WRAP-UP AT L A N T I C \ AT L A N T I C \ C E N T R A L \ N O RT H \ W E S T N.B. files complaint against former deputy minister of justice JUDGES ASK FOR GUIDE TO BETTER WORK WITH TRANSGENDER PEOPLE T he Equity Committee of the Canadian Bar Association, Nova Scotia Branch, has produced a booklet to assist the legal profession in how to better engage with transgender individuals. The impetus for the new doc- ument: Chief Justice Michael MacDonald and the Nova Scotia judiciary. "They wanted something to help them make sure they were treating trans people respectfully," says Jack Townsend, co-author of the booklet and an associ- ate with Cox & Palmer in Halifax. The booklet, Trans Terminology and Etiquette: A Primer for Respectful Interac- tions with Trans People, discusses proper terminology and improper terminol- ogy. Two-spirited, for example, is an aboriginal term that describes indigenous North Americans who embody both masculine and feminine gender attributes. The booklet notes that "this term can be important for actors in the Canadian legal system in understanding the social situation of particular Aboriginal people before the courts." "Transvestite," on the other hand, is an outdated and derogatory term that has been replaced by the term "cross-dresser." The primer also offers up best practices along with things to avoid (asking about a transgender person's physical gender status, for example). At its heart, though, the primer has one fundamental message for readers. "You put the trans person first," says Townsend. "You ask them what would make them comfortable." — DM

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