'A poor choice': Alberta lawyer reprimanded for allowing nude photos in custody case
A hearing committee of the Law Society of Alberta says there are reasonable and probable grounds to believe that a lawyer may have committed a criminal offence after “explicit and nude” photos of a woman were included as part of an affidavit in a custody case.
The self-governing body has reprimanded lawyer Karen Herrington of Sherwood Park, Alta., for bringing the administration of justice into disrepute and failing to provide competent legal services. She has been reprimanded and ordered to pay $5,400 in costs.
Herrington was representing the husband in a common-law custody dispute.
The law society says the husband sent an affidavit to Herrington that was aimed at preventing his former partner from leaving the province and included intimate photos of her.
Herrington asked other members of her law firm what she should do, but ultimately decided to include the pictures in the affidavit, the regulator says.
“It was thought by Ms. Herrington that the pictures showed a pattern of behaviour from the wife and that she needed the affidavit for the emergency application the next morning,” Ryan Anderson, writing on behalf of a three-person hearing committee of the law society, says in the ruling.
“She consulted other lawyers in her office for their advice and made this decision to proceed. This does not leave Ms. Herrington blameless, but goes to show this was not a simple situation,” he said.
“Ms. Herrington appears to be a capable lawyer who made a poor choice.”
The opposing lawyer asked that the nude photos of his client be removed. They were blacked out before being filed in court.
Herrington admitted her guilt in that she failed to provide legal services to the standard of a competent lawyer and said it was an error to include the pictures.
The committee's decision says Herrington did not know the nude photos had been added to the affidavit by her client until the afternoon or day before the emergency application, and she could not alter the affidavit because her client had already sworn it.
A lawyer for Herrington noted that she “felt she was stuck in a difficult situation of proceeding with the application and relying on the affidavit or not meeting her client obligations. This was an emergency mobility application that required quick action,” the decision says.
The decision says counsel for the law society noted that Herrington's actions potentially contravened the Criminal Code, which prohibits the publication of an intimate image without consent. They recommended the file be sent to Alberta's solicitor general.
“The committee finds that there are reasonable and probable grounds that Ms. Herrington contravened Section 161.1 of the Criminal Code and as such we are obligated to make a referral to the solicitor general,” the panel says.
“Ms. Herrington may very well have a defence but that is not up to our committee to decide.”
The decision says Herrington's counsel “indicated that there was nothing criminal about the affidavit as it met the test for the public good under the Criminal Code.” The decision notes there is a public good defence under the Criminal Code in the section that deals with the publication of intimate images.
There was no immediate response to a request for comment from the office of Solicitor General Kaycee Madu. Strathcona Law Group, where Herrington works, also had no immediate comment.
This report by The Canadian Press was first published June 15, 2021.
CTVNews.ca Top Stories
Ottawa public school board, 3 Toronto-area school boards launch lawsuit against social media giants
The Ottawa-Carleton District School Board and three school boards in the Toronto-area have launched legal action against social media giants, accusing them of "disrupting students' fundamental right to education."
Several flight attendants from Pakistan have gone missing after landing in Canada
Multiple flight attendants from Pakistan International Airlines have abandoned their jobs and are believed to have sought asylum in Canada in the past year and a half, a spokesperson for the government-owned airline says.
Statistics Canada reports real GDP up 0.6% in January as Quebec strikes end
Statistics Canada says real gross domestic product grew 0.6 per cent in January, helped by the end of public sector strikes in Quebec in November and December.
Tipping is off the table at this Toronto restaurant
A Toronto restaurant introduced a surprising new rule that reduced the cost of a meal and raised the salaries of staff.
Rainfall warnings of up to 90 mm among weather alerts in effect for 7 provinces
Rainfall warnings of up to 90 millimetres, air quality advisories and other alerts have been issued for seven Canadian provinces, according to the latest forecasts.
King Charles calls for acts of friendship in first public remarks since Kate's cancer diagnosis
King Charles III gave public remarks for Maundy Thursday, addressing the importance of acts of friendship, following his and Catherine, Princess of Wales’ cancer diagnoses.
Ukrainian child asylum seekers in St. John’s get class of their own
Roughly 50 children will gathered in a St. John’s classroom for the first time on Saturday for unique lessons on Ukrainian language, culture and history.
A Nigerian woman reviewed some tomato puree online. Now she faces jail
A Nigerian woman who wrote an online review of a can of tomato puree is facing imprisonment after its manufacturer accused her of making a “malicious allegation” that damaged its business.
Donald Trump assails judge and his daughter after gag order in N.Y. hush-money criminal case
Donald Trump lashed out Wednesday at the New York judge who put him under a gag order that bars him from commenting publicly about witnesses, prosecutors, court staff and jurors in his upcoming hush-money criminal trial.