LAW SOCIETY TRIBUNAL HEARING DIVISION

BETWEEN:

Law Society of Ontario
Applicant
and
Girolamo Falletta
Respondent

NOTICE OF APPLICATION – CONDUCT

 

To the respondent:

The Law Society of Ontario applies under s. 34(1) of the Law Society Act, RSO 1990, c. L.8, for a determination of whether you have contravened s. 33 by engaging in professional misconduct and / or conduct unbecoming a licensee and for an order under s. 35. Details of the allegations are set out below.

This Notice of Application is served together with an Information Sheet that sets out the next steps in the proceeding.

 

Danielle Bastarache
Discipline Counsel Law Society of Ontario

393 University Avenue, Suite 1100

Toronto ON, M5G 1E6

Tel: (416) 947-3300 2674

E-mail: [email protected]

 

Details of the allegations:

  1. Between and including March 11, 2022, and March 15, 2022, the Respondent withdrew from their trust account $943,612.03, held on behalf of XH, for the benefit of another client.
  2. Between and including April 7, 2022, and May 7, 2022, the Respondent withdrew from their trust account $1,046,849.62, held on behalf of AG, for the benefit of another client.
  3. Between and including June 11, 2022, and December 16, 2022, the Respondent withdrew from their trust account $1,500,000.00, held on behalf of AE, for the benefit of another client.
  4. Since on or about December 5, 2022, and ongoing, contrary to subsection 49.3 of the Law Society Act (“Act”) and Rule 7.1-1 of the Rules of Professional Conduct (“Rules”), the Respondent has failed to cooperate with three Law Society investigations (Cases CAS-2023-271363, CAS-2023-271258, and CAS-2022-267286), by failing to provide a prompt and complete response to the investigator’s written request for information and books and records, contrary to Rule s.7.1-1 and By-Law 9.
  5.   Between and including March 11, 2022, and December 5, 2022, the Respondent used his trust account for purposes unrelated to the provision of legal services contrary to Rules s. 3.2-7.3.
  6. Between and including March 11, 2022, to August 23, 2022, the Respondent failed to maintain proper books and records of their professional business, contrary to section 18 of By-Law 9.
  7.   Between and including March 11, 2022, and December 5, 2022, the Respondent knowingly assisted in, encouraged, or otherwise failed to prevent dishonesty, fraud, crime, or illegal conduct by participating in fraudulent investment schemes, contrary to Rules 3.2-7, and 7.2-1.