Suspended lawyer ordered to pay $235,000 for ‘stunning’ breach of trust in sex-for-services proposal

Suspended Ottawa lawyer James Bowie has been ordered to pay $235,000 to a former client – ​​and plaintiff in a civil case against him – after he proposed to pay for his legal services with oral sex and personal information about her released online after her allegations received media attention.

In an Oct. 11 ruling, Superior Court Judge Heather Williams wrote that Bowie’s actions were “shocking” and an “offense to the court’s sense of decency.”

“The attorney-client relationship is based on trust. That trust is why people can and do confidently bring their most intimate problems and matters of all kinds, large or small, to their attorneys,” Williams’ decision reads.

“In my view, the defendant’s campaign to exploit the circumstances of this vulnerable young client for his own gratification, followed by his public disclosure of her personal circumstances and confidential information, amounts to a staggering breach of the fiduciary obligations owed to a lawyer owed to a client.”

Williams ordered Bowie to pay Leanne Aubin $75,000 for breach of fiduciary duty, $65,000 in compensatory damages, $30,000 for defamation and $25,000 in punitive damages.

She also ordered him to pay $40,000 for Aubin’s legal fees.

Neither party immediately responded to requests for comment late Friday.

Didn’t defend himself

Bowie has not filed a defense against Aubin’s lawsuit.

In an affidavit, he wrote that he is in “crippling emotional distress” due to the allegations against him, the “significant media coverage” that followed and the “social, professional and financial consequences.”

That need and his mental health issues have made meeting deadlines “extremely difficult,” he added.

Bowie was found guilty twice for failing to defend himself, and his former lawyer was removed from the criminal trial late last year.

Williams’ decision in Aubin’s lawsuit was the result of a motion for summary judgment filed by her attorneys in light of Bowie’s inability to defend himself and a subsequent hearing in January that Bowie did not attend.

Lawyer defeated during procedure

During the hearing, which CBC attended, Aubin’s lawyer Christine Johnson broke down in tears while reading Snapchat messages between her client and Bowie.

Aubin sat with a supporter in the gallery along the wall.

‘I told you before that I’d rather pay [for legal services with] cash then head, [which is] a reference to oral sex,” Johnson said, reading a message Aubin sent to Bowie. ‘Not something I’ve ever done before. And no matter how desperate I am, I don’t want to do anything I’ll regret, at least until I know [my ex partner] won’t come back.”

“It’s hot for me,” Bowie replied.

“There’s nothing about trying to keep my life from crumbling that turns me on, lol,” Aubin replied.

Johnson tried to continue reading the messages, but stopped mid-sentence. Williams asked her if she needed a minute.

‘I’m doing well. Sorry, I didn’t expect to be overcome with emotion. I’m fine,” Johnson said and continued.

A few minutes later, Williams ordered a five-minute break.

Became a customer in 2022

Aubin met Bowie when she first needed a criminal defense lawyer and a friend recommended him.

Aubin had been charged with assault with a weapon after throwing a plastic beer can at a man during a dispute over Justin Trudeau and Fidel Castro at an Ottawa bar in 2022. The man had called her a sexist slur and made a hurtful comment about her family.

She threw the pitcher in retaliation, and then he grabbed her smartphone and threw it at her face, breaking a bone, according to her affidavit.

Police charged her with assault with a weapon and did not charge the man, even though she was seriously injured and he was not, according to her affidavit.

The charges against Aubin were later dropped after she went to another attorney.

Repeated offers to pay with sex rejected

In her decision, Williams wrote that when Aubin proposed a payment plan for his legal services, Bowie “knew he didn’t want a record” of what he was going to do next and suggested they communicate on Snapchat, a social media website where messages can be posted. are removed.

Ultimately, Bowie offered to accept oral sex in lieu of money, Williams discovered. Aubin said no, but he kept talking about it, telling Aubin he was proposing to her and sending her a picture of his penis.

(On the day of the hearing in January, Johnson told the court that she had brought a copy of the “dick photo” in a sealed envelope, and that she could give it to the court if Williams wanted, but that she also tried to Williams decided it wasn’t necessary.)

“When this vulnerable client later told the defendant that she was having mental health issues and feeling suicidal, he recommended alcohol, drugs and sex that she had repeatedly said she was not interested in,” Williams wrote in her decision.

“After the plaintiff filed a complaint against the defendant in court [Law Society of Ontario]he used social media to defend himself. He identified the plaintiff, openly discussed their confidential attorney-client relationship, and disclosed personal information about the plaintiff.”

Criminal trial postponed, postponed

Bowie is facing criminal charges in connection with Aubin’s allegations and other alleged violations.

His trial in Ontario court in Ottawa began last month but had to be postponed and then postponed after sitting for a day due to problems with his lawyer, Eric Granger.

Granger told CBC that these issues have nothing to do with Bowie’s case.

Bowie’s next appearance on the criminal charges is scheduled for January.

They have not been proven and he remains innocent of them.