The Case of the Conflicted Lawyer

My client S is an immigrant. He has built a successful business. His long time lawyer E approached him and offered him an opportunity to invest in a first mortgage to be registered against a real estate project which the lawyer described as short term and safe. The lawyer said he would draft all of the security to protect S and that S would receive 12% interest and his principal back in a few months.

Among other things, E did not tell S that:

1. E was receiving a commission for arranging the financing;
2. E and his family were also participating in the financing;
3. E was also the lawyer for the borrower and stood to earn
substantial fees if the project went ahead;
4. Other clients of E were also participating;
5. The mortgage of S would be registered in the name of E;
6. All necessary approvals had not been obtained from
government authorities with respect to the project being financed.

The borrower defaulted and it quickly became apparent that the property was not worth nearly enough to pay out the funds advanced by S. S came to me to see if he had a claim against the lawyer E.

I first made a claim to the law society insurer. They denied liability. I then started the lawsuit. After examinations for discovery of the lawyer E the claim was settled. S recovered the legal fees I charged him, his principal and interest.

What S has to say about Jeff Poole:

“After trying unsuccessfully to get my investment back while being represented by a well-known lawyer in Calgary, I decided to seek a “second opinion”. A friend of mine mentioned to me that he was recently represented by a lawyer by the name of Jeff Poole, who won his case.

I acted on my friend’s advice and went to see Jeff. At that time I had little hope of getting my money back. Jeff listened to my story and a few days later informed me that he would take my case. Jeff started a lawsuit. I recovered my principal in full, my interest and all my legal fees.

This was my first case with Jeff. Since then, he won another case for me. He became my lawyer. I have been in business for the last 25 years. Being successful in business means among other things that you do need sound legal advice, very qualified and professional legal representation and a lawyer you can trust. Finally I found all that in Jeff Poole.”