Citation issued: May 5, 2011
Laird Russell Cruickshank
| Citations are issued by the Law Society of BC's Discipline Committee and list allegations against a lawyer which will be considered at a discipline hearing. Please note that allegations in a citation are unproven until a discipline hearing panel has determined their validity. |
Nature of conduct to be inquired into:
1. Between 2005 and 2008, you failed to comply with requirements of Division 7 of Part 3 of the Law Society Rules, and in particular:
a) on two occasions in 2005 and 2006,you received trust funds but you did not deposit the funds in a pooled trust account as soon as practicable, contrary to Rule 3-51;
b) you withdrew or authorized the withdrawal of trust funds in payment of your fees without first preparing a bill for those fees and/or immediately delivering the bill to the client, contrary to Rules 3-56 and/or 3-57, in respect of each of the following client matters: GB, HK, PL, MC and/or AC;
c) you did not record all funds received and disbursed in connection with your law practice by maintaining the records required under Division 7 of Part 3 and/or you did not retain all supporting documents for both trust and general accounts, contrary to Rule 3-59;
d) you did not prepare a monthly trust reconciliation for your pooled trust account within 30 days of the effective date of the reconciliation, contrary to Rule 3-65, in respect of some or all of the following months: November 2005, December 2005, April 2006, September 2006, October 2006, September 2007, March 2008;
e) you did not prepare a monthly trust conciliation for the separate trust account (AL) within 30 days of the effective date of the reconciliation, contrary to Rule 3-65, in respect of some or all of the following months: April 2007, May 2007, December 2007, January 2008, February 2008, March 2008, May 2008, June 2008, July 2008, August 2008, September 2008;
This conduct constitutes professional misconduct, breach of the Act or rules, and/or incompetent performance of duties as a lawyer.
2. While acting for your client AC, you breached a trust condition or undertaking imposed on you by letter dated August 2, 2007 from opposing counsel Steven Wallace, by disbursing from trust the funds enclosed with this letter in breach of the terms of the undertaking, contrary to Chapter 11, Rules 7 and 11 of the Professional Conduct Handbook.
This conduct constitutes professional misconduct.
3. While acting for your client MC, you breached a trust condition or undertaking imposed on you by letter dated April 8, 2008 from EC, a claims representative employed by ICBC, by disbursing from trust the funds enclosed with this letter in breach of the terms of the undertaking, contrary to Chapter 11, Rules 7 and 11 of the Professional Conduct Handbook.
This conduct constitutes professional misconduct.
4. On several occasions between approximately 2006 and 2008, you entered into a contingent fee agreement with a client and received remuneration pursuant to such agreement, when you had not entered into such an agreement in writing, contrary to Rule 8-3 of the Law Society Rules, and/or you did not provide the statements required in writing under Rule 8-4 of the Law Society Rules, in respect of some or all of the following clients: EA, MC, JM, SN, DS.
This conduct constitutes professional misconduct and/or a breach of the Act or rules.
5. At various times between 2004 and 2008, you collected British Columbia Provincial Sales Tax (“P.S.T.”) from your clients, but you failed to remit funds and interest due to the provincial government in payment of the P.S.T. in a timely way.
This conduct constitutes professional misconduct.
6. At various times between 2004 and 2008, you collected Goods and Services Tax (“G.S.T.”) from your clients, but you failed to remit funds and interest due to Canada Customs and Revenue Agency in payment of the G.S.T. in a timely way.
This conduct constitutes professional misconduct.
