It is alleged Toby D. Schultz failed to provide competent, timely, conscientious, and diligent service to his client when he failed to take steps to follow the Litigation Plan filed on March 22, 2013 and that such conduct is deserving of sanction;
It is alleged Toby D. Schultz failed to provide competent, timely, conscientious, and diligent service to his client when failed to file a Form 37 on his client’s behalf and that such conduct is deserving of sanction;
It is alleged Toby D. Schultz failed to provide competent, timely, conscientious, and diligent service to his client when he failed to prepare and file the required documents and evidence to move his client’s action forward and that such conduct is deserving of sanction;
It is alleged Toby D. Schultz failed to provide competent, timely, conscientious, and diligent service to this client when he failed to attend Court on his client’s behalf and that such conduct is deserving of sanction;
It is alleged Toby D. Schultz failed to take steps to preserve his client’s claim after it was dismissed and that such conduct is deserving of sanction;
It is alleged Toby D. Schultz failed to withdraw as counsel of record for G.T. upon realizing he was not competent to continue to handle G.T.’s litigation matter and that such conduct is deserving of sanction;
CO20162233
It is alleged Toby D. Schultz failed to provide competent, timely, conscientious, and diligent service to his client, A.F.S., when he failed to file an Affidavit of Records on her behalf and that such conduct is deserving of sanction;
It is alleged Toby D. Schultz failed to provide competent, timely, conscientious, and diligent service to his client, A.F.S., when he failed to attend Court on her behalf and that such conduct is deserving of sanction;
It is alleged Toby D. Schultz failed to respond to communications from another lawyer and that such conduct is deserving of sanction;
It is alleged Toby D. Schultz failed to provide competent, timely, conscientious, and diligent service to his client, A.F.S., when he failed to communicate with her and keep her updated on the status of her matter and that such conduct is deserving of sanction;
CO20170038
It is alleged Toby D. Schultz failed to provide competent, timely, conscientious, and diligent service to his client when he failed to follow up on the application to set aside the Default Judgment granted against her and that such conduct is deserving of sanction; and
It is alleged Toby D. Schultz failed to provide competent, timely, conscientious, and diligent service to his client when he failed to address a Writ of Enforcement granted against her and such conduct is deserving of sanction.
HEARING OUTCOME : Toby Schultz
Resignation Application
2019/04/09
Resignation Committee Report
HE20180183
CO20163072
1. It is alleged Toby D. Schultz breached Rule 119.21(4) of the Rules of the Law Society of Alberta when he failed to provide Statements of Account to his clients prior to disbursing Trust funds, and that such conduct is deserving of sanction;
2. It is alleged Toby D. Schultz failed to provide competent, conscientious, and diligent services when he improperly billed clients and that such conduct is deserving of sanction;
3. It is alleged Toby D. Schultz breached Rule 119.19(1) of the Rules of the Law Society of Alberta when he failed to deposit Trust funds into his Trust Account on or before the next banking day and that such conduct is deserving of sanction;
4. It is alleged Toby D. Schultz breached Rule 119.21(2)(3)(a)(ii) of the Rules of the Law Society of Alberta when he transferred Trust funds between client ledgers without obtaining his client’s authorization and that such conduct is deserving of sanction; and
5. It is alleged Toby D. Schultz failed to fulfill an Undertaking and that such conduct is deserving of sanction.
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