Proposing sexual favors to a client: hefty fine for Ottawa lawyer

Already suspended, Ottawa lawyer James Bowie was ordered to pay $235,000 to a former client — and plaintiff in a civil case against him — for offering to pay for her legal services through fellatio. He also leaked personal information about the woman online after her allegations were published.

The Superior Court Judge Heather Williams made its decision on 11 October. She described Mr Bowie’s actions as shocking and that they constituted one violation in the sense of the decency of the court.

The lawyer-client relationship is based on trust. This trust is why people can confidently entrust their most intimate problems and all kinds of cases, big and small, to their lawyerswe can read in the judge’s decision.

In my view, the defendant’s campaign to exploit the circumstances of this vulnerable young client for his own satisfaction, followed by the disclosure of her personal circumstances and confidential information, constitutes a stunning breach of the fiduciary duties owed by a lawyer to his client. .

The fine that Mr. Bowie must pay to Leanne Aubin is broken down as follows: $75,000 for breach of fiduciary duty, $65,000 in compensatory damages, $30,000 for defamation, $25,000 in punitive damages, and $40,000 to cover Ms. Aubin’s legal costs.

Both parties did not respond to requests for comment CBC Friday at the end of the day.

Became his client in 2022

Leanne Aubin met James Bowie when she first needed a criminal lawyer. It was a friend who recommended the lawyer to him.

She was charged with assault with a weapon after throwing a plastic jug of beer at a man during an argument about Justin Trudeau and Fidel Castro at an Ottawa bar in 2022.

The man had insulted Ms Aubin by using a sexist slur in addition to making a hurtful comment about her family. The man who cashed in the jug then took the woman’s phone and threw it in her face, breaking a bone, according to her affidavit.

The police charged the woman with violence with a weapon, while the man was not charged.

The charges against Ms. Aubin were eventually dropped at a time when she was represented by a different attorney.

The defendant did not defend himself

James Bowie did not defend against Ms. Aubin’s lawsuit.

In a sworn statement, he wrote that he was in a crippling emotional distress because of the charges against him significant media coverage which followed and social, professional and economic benefits.

This distress and his mental health issues meant that deadlines were met extremely difficulthe added.

Mr. Bowie was found guilty twice of failing to organize his defense and his former lawyer was removed from the case at the end of last year.

The judge’s decision Williams in the trial against Ms. Aubin is the result of a request for summary judgment filed by the latter’s lawyers, taking into account the lack of defense of Mr. Bowie and a subsequent hearing in January, where Mr. Bowie did not participate.

During the hearing where CBC attended by Mrs. Aubin’s lawyer, Christine Johnsonbroke down in tears as she read conversations between her client and Mr. Bowie on the app Snapchat.

I already told you that I preferred to pay [mes services juridiques] with money rather than oral sex. It’s not something I’ve ever done. Even though I’m desperate, I won’t do anything I’ll regret, at least not until I know [mon ex-partenaire] won’t come backwrote Leanne Aubin.

His lawyer told him it was hot for him, to which his client replied: There is nothing that excites me about trying to keep my life from falling apart.

The lawyer had difficulty reading the conversations, to the point that the judge suspended the session for a few minutes.

Proposal rejected several times

In his decision, the judge ruled that the lawyer did not want to keep records of her conversations with her client when she offered him the terms of payment. He suggested communicating through Snapchat, a social network where messages disappear.

Mr. Bowie suggested that she pay for his legal fees through sexual favors, which she refused. He nevertheless continued to discuss the subject and made advances towards her before sending a photo of his penis.

On the day of the hearing in January, Mrs Aubin’s lawyer, Christine Johnsontold the Court that she had brought a copy of the said photo and could produce it if the judge so desired. Mrs Williams replied that it was not necessary.

When this vulnerable client later told the defendant that she had mental health problems and was feeling suicidal, he recommended that she drink alcohol, take drugs, and have sex with him, even though she had repeatedly said she was not interested.the judge recalled.

After the plaintiff complained about the defendant to [Barreau de l’Ontario]used the latter social networks to defend themselves. He identified the complainant, openly discussed their confidential attorney-client relationship, and disclosed personal information about the complainantcontinued the magistrate.

Criminal case adjourned

James Bowie faces criminal charges related to Leanne Aubin’s allegations as well as other alleged offenses.

His trial before a single judge in the Ontario Court of Justice in Ottawa began last month. It had to be adjourned and then adjourned after a day of meeting because of problems encountered by his lawyer, Eric Granger.

The latter declared to CBC that these problems had nothing to do with the case Bowie.

The next appearance of James Bowie on the criminal charges is scheduled for January. These allegations have not been proven in court.

With information from Kristy Neaseof CBC News