Courtenay lawyer Lyon Thomas Finkelstein has agreed to cease practicing law as a sole practitioner by the end of 2023 after reaching a consent agreement with the Law Society.
Finkelstein admitted that while administering an estate, he failed to obtain written consent from the beneficiaries to withdraw funds, improperly transferred funds, and failed to fulfill his fiduciary obligation to the beneficiaries of the estate.
In accepting the consent agreement proposal, the Law Society took into consideration an Agreed Statement of Facts and a letter to the Chair of the Discipline Committee. Finkelstein acknowledged his actions constituted professional misconduct, conduct unbecoming the profession, or both, and is remorseful.
Finkelstein has already paid a portion of the improperly withdrawn fees to the beneficiaries and has agreed to pay back the remaining sum of $9,013. Furthermore, Finkelstein will retire by the end of 2023 and if he chooses to practice in the future, he will do so at a firm under conditions that are approved by the Law Society.
A summary of the consent agreement can be found here.