BC Lawyer Ordered to Pay $35,000 for Discrimination Against Brain-Injured Client

A BC Human Rights Tribunal has ordered defence lawyer Peter Hertzberg to pay $35,000 in damages after ruling that his harsh and disrespectful communication discriminated against his client, Craig Williams, who lives with physical and mental disabilities. The Tribunal found that Hertzberg’s failure to accommodate Williams’ brain injury and unique needs during their legal interactions violated the BC Human Rights Code.

Background: Craig Williams retained Peter Hertzberg through Legal Aid in 2018 to represent him on an assault charge. Williams had sustained a brain injury in a 2014 car accident, leaving him with cognitive and physical limitations. His mother, Patricia Williams, acted as his caregiver and was authorized to make legal decisions on his behalf.

The Tribunal’s decision highlighted the challenges in communication between Hertzberg and the Williams family, particularly during a pivotal phone call shortly after Hertzberg was retained. During the call, Hertzberg’s frustration became apparent, with the lawyer reportedly speaking in a harsh tone and failing to accommodate Williams’ difficulties. The Tribunal noted that Hertzberg’s approach caused distress to both Craig and Patricia Williams, impairing their ability to communicate effectively.

The Parties:

• Craig Williams: A brain injury survivor, 42-years-old at the time of the hearing, requiring clear and sensitive communication to understand legal proceedings.
• Peter Hertzberg: Defence lawyer retained through Legal Aid, whose actions and communication were scrutinized for failing to meet the duty of accommodation.

Reasons for the Tribunal’s Decision:

1. Failure to Accommodate: The Tribunal found that Hertzberg did not adapt his communication style to meet Williams’ needs, despite being informed of his disabilities. This included pushing through conversations after Williams became visibly distressed and failing to ensure essential information was understood.
2. Harsh Communication: The decision cited multiple instances where Hertzberg spoke in a tone that was disrespectful and dismissive, including interrupting Craig Williams and admonishing his mother, Patricia Williams, in a sharp manner.
3. Adverse Impact: The Tribunal determined that Hertzberg’s actions created a significant adverse impact on Williams, who required extra care in legal interactions due to his disabilities.
4. Responsibility to Accommodate: Hertzberg argued that communication failures were a two-way street. However, the Tribunal emphasized that the responsibility to accommodate ultimately rested with the service provider.

The Tribunal dismissed claims that Hertzberg discriminated against Williams based on his Indigenous identity, citing a lack of evidence.

The Decision: The BC Human Rights Tribunal ordered Hertzberg to pay $30,000 in compensation for injury to Williams’ dignity, feelings, and self-respect, as well as $5,000 for expenses incurred during the proceedings. The Tribunal ruled that Hertzberg could have accommodated Williams without undue hardship, thus violating the Human Rights Code.

The ruling also noted that Williams retained a different lawyer, resulting in the assault charge being dropped and a restraining order being put in place instead. Finally, the Court also stated that Mr. Williams was seeking a public apology, however, the Court also declined to order this, citing a lack of clarity on wether or not the Court even had jurisdiction to make such an order.

Closing Remarks: This case serves as a reminder of the importance of sensitivity and adaptability when providing professional services to individuals with disabilities. The Tribunal’s decision underscores the legal obligation to accommodate clients’ unique needs and ensure respectful communication at all stages.