N.L. law society disbars Averill Baker, calling her 'ungovernable'

St. John's defence lawyer Averill Baker has been disbarred by the province's law society. (CBC)

St. John's lawyer Averill Baker has been disbarred by the Law Society of Newfoundland and Labrador after it found her deserving of sanctions over eight complaints.

In its Nov. 27 decision, the law society's adjudication tribunal called Baker "ungovernable" and ordered her to pay $9,350 to the law society.

"Averill Baker has been struck from the Roll of Barristers in the Province of Newfoundland and Labrador and all her rights and privileges as a member of the Law Society of Newfoundland and Labrador have ceased," said the notice, which was posted Wednesday on the law society website.

Baker did not respond to requests for comment by publication time.

In September, the law society's adjudication tribunal found Baker guilty of eight complaints following hearings between May and July.

Those complaints alleged Baker didn't respond to a trust audit report, failed to reply to law society communications, failed to move a client's matter forward or respond to client quickly enough, wasn't honest or candid with a client, didn't return a client's file, and used an unprofessional tone and misled a client.

The tribunal also found that she didn't protect solicitor-client information related to an eviction from her law office in November 2021. The landlord put Baker's property, which included clients' files, into storage. Baker didn't make any move to retrieve the property and the landlord contacted the law society, who took possession of the materials.

"When the law society took possession in accordance with a custodianship order on Dec. 20, 2021, it was discovered that the office space, in which the filing cabinets and boxes with client files were stored, was not locked. The filing cabinets were not locked and client information was visible when the door to the space was opened," the tribunal wrote in its decision.

According to those documents, one client referred to as Mr. M testified at the hearing that he tried to get his files from Baker so he could go to another lawyer after years with no movement on his case relating to a slip and fall accident.

Mr. M received text messages from Baker that indicated she would "check [herself] into a mental institution" and she was "ready to kill herself so stop texting me please."

During a visit to Baker's office to talk to her about a $3,000 Seahold loan she had him take out for her services, that client also alleged she was drinking out of a "ridiculously big" wine glass.

Baker had pleaded not guilty to all the allegations but didn't co-operate with the investigation.

At one point Baker claimed to be too ill to attend a hearing, only to pop up on her YouTube channel Prisca Theologia Tarot for a live tarot card reading.

Law society spokesperson Amelia White said they were not doing interviews on the matter. She did say the law society is going through the Supreme Court of Newfoundland and Labrador for custodianship of Baker's files.

"This is customary where a disbarment is ordered, as the member is 'inactive' as defined by s. 56 of the Act. The application will be heard next week," she wrote.

Suspended already

Even before being disbarred, Baker's law society membership has been suspended since Oct. 25 because she failed to complete 15 hours of professional development, which is mandatory of all practising members of the law society.

Baker had recently represented Dana Metcalfe, who is facing charges of criminal harassment and causing a disturbance over a "surprise convoy" protest on July 9 outside Premier Andrew Furey's Portugal Cove-St. Philip's home.

In early November Metcalfe was in provincial court — days after Baker had been suspended —  and told a judge she was without a lawyer after being informed that Baker no longer intended to practice law.

Baker has found herself in hot water before.

In 2013, Baker was disciplined for an explosive and profanity-laced tirade against a provincial court clerk that took place in 2011.

In 2014, Baker was caught sharing what was described as a "passionate kiss" with then-client Philip Pynn, just moments before he was arrested in relation to a murder charge. Her apartment had been under Royal Newfoundland Constabulary surveillance on July 11, 2011, two days after Nick Winsor was shot to death on Portugal Cove Road.

Baker was called to the bar in 1998.

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