| Citation issued: March 5, 2009
Gary Russell Vlug
| 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. In the course of representing your clients LP, VP, VP and RP (the “Clients”) in a personal injury claim, you negotiated a settlement on behalf of the Clients, and received from ICBC a cheque for an amount which you knew or believed to be in excess of the settlement amount to which the Clients were entitled. Notwithstanding such knowledge or belief on your part, you took no steps upon receipt of the payment to clarify this apparent error with ICBC; instead, you paid to the Clients the amount you believed to be due them, and advised them that the apparent excess should be held in your trust account, without notifying ICBC, until the applicable limitation period had passed for ICBC to seek reimbursement of any excess payment. In so doing, you engaged in:
(a) dishonourable or questionable conduct casting doubt on your professional integrity or competence, or reflecting adversely on the integrity of the legal profession or the administration of justice, or both;
(b) sharp practice.
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