Image Credit: Shutterstock

A BC defence lawyer has been ordered to pay a former client $30,000 because his communication was "harsh and disrespectful" and failed to accommodate his client's brain injury.

According to a recently published Nov. 5 BC Human Rights Tribunal decision, defence lawyer Peter Hertzberg discriminated against his client Craig Williams based on physical and mental disability.

The decision says in 2018, Williams retained Hertzberg through Legal Aid because he'd been charged with assault.

Williams was in a car crash in 2014 which left him with a brain injury and physical limitations. His mother, Patricia Williams, cared for him and had the authority to make legal decisions.

Much of the evidence given is based on an initial phone call Hertzberg had with Craig and his mom soon after he was retained.

The decision says during the phone call, Hertzberg was frustrated and had trouble hearing them.

"While this may explain frustration to some extent, it does not entirely explain his frustration. I also find that in some instances he harshly took his frustration out on Mr. Williams and Ms. Williams in ways that impaired their communication," the Tribunal said. "In the context of trying to determine the alleged victim’s age he asked Ms. Williams how old she was. Ms. Williams laughed and asked, 'how old are you?' When Mr. Hertzberg answered, Ms. Williams said she was about the same age, and Mr. Hertzberg quickly said in a strong tone, 'Tell me. Let’s not play games. How old are you? I’m asking for a reason.' Mr. Hertzberg became harsh when Ms. Williams asked a question before responding to him."

At one point Hertzberg interrupted Craig talking who then said, "I feel like you’re trapping me."

Hertzberg replied, "For heaven’s sakes, please take a breath."

READ MORE: Vernon Paralympian suing housing charity over $60,000 debt

"Mr. Williams stuttered, and Ms. Williams said he could not talk anymore, and he was already upset," the decision reads.

"I find that Mr. Hertzberg was harsh and disrespectful during this phone call," the Tribunal ruled. "What Mr. Hertzberg did not say during the phone call is just as important as what he did say and how he said it." 

"Mr. Williams’ disabilities were one factor in how Mr. Hertzberg treated him and communicated with him on this call because Mr. Hertzberg tried to push through the call even after Mr. Williams became upset. Mr. Hertzberg did not communicate with Mr. Williams in a way that Mr. Williams could understand and handle," the Tribunal ruled. "The lack of communication after this phone call is part of Mr. Hertzberg’s conduct that I find created an adverse impact in which mental disability is a factor."   

The lengthy 53-page decision goes through the history of several phone calls the lawyer had with Craig and his mother as the case continued toward a trial.

However, as the case ticked through the court system, the communication didn't improve.

The Tribunal found the lawyer did not communicate important information to Craig when in court and spoke to them harshly.

"This was a continuation of the communication failure culminating in the adverse impact on Mr. Williams," the Tribunal ruled. "I find that Mr. Williams’ disabilities were a factor because, again, Mr. Williams especially needed essential information clearly communicated to him because of his disabilities, and this did not happen."

READ MORE: Tribunal orders Vernon couple to carpet condo after noise complaints

Hertzberg argued that communication was a two-way street, but the Tribunal didn't buy it.

"As the service provider, Mr. Hertzberg has the ultimate responsibility to accommodate Mr. Williams, and it is an insufficient answer in this case to suggest that Mr. or Ms. Williams could or should have communicated better," the Tribunal ruled.

The Tribunal ruled that Craig gave the lawyer enough information to accommodate his disabilities, but he hadn't done so.

"I find that Mr. Hertzberg could have accommodated Mr. Williams to allow him to understand what was happening in his case, and to tell his story, without incurring undue hardship... He discriminated against Mr. Williams based on physical and mental disability contrary to the (Human Rights) Code," the Tribunal ruled.

Craig had argued that Hertzberg also discriminated against him because he was Indigenous, but the Tribunal dismissed the argument saying there was no proof of this.

Ultimately, Hertzberg is ordered to pay Craig $30,000 compensation for injury to his dignity, feelings, and self-respect and $5,000 in expenses.

The decision says Craig got a different lawyer and the assault charge was dropped and a restraining put in place instead.

To contact a reporter for this story, email Ben Bulmer or call (250) 309-5230 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.

We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. SUBSCRIBE to our awesome newsletter here.

News from © iNFOnews, 2024