November 21, 2023

Delta lawyer David Michael Simon has agreed not to practise law for 12 years after admitting to professional misconduct.

In a proposal under Rule 4-29 of the Law Society Rules, Simon admitted that in 2018 and 2019 he misappropriated, improperly withdrew or authorized the improper withdrawal of client trust funds on multiple occasions from his trust account when the accounts held insufficient funds. The withdrawals created shortages which he failed to reconcile upon discovery, although there is no evidence any client lost money. He also failed to make a written report, prepare monthly trust reconciliations and provide accurate trust reports to the Law Society. Simon also admitted that in 2017 he failed to obtain government-issued identification while acting for clients in a non-face-to-face transaction.

During the 12 years, Simon is barred from practicing law throughout Canada, and he cannot apply to practise anywhere else in the world without first notifying the Law Society. If Simon applies for reinstatement after 12 years, he must demonstrate he is of good character and fitness to practice law at a mandatory credentials hearing and comply with any conditions imposed by the panel.

For details, see the Rule 4-29 admission and undertaking.