Complaints, Lawyer Discipline and Public Hearings

 

Citation issued: June 21, 2017

Gregory Neil Harney

Citations are authorized by the Law Society of BC's Discipline Committee and list allegations against a lawyer that 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. On or about November 15, 2010, you disbursed funds to your client, CS, in breach of a trust condition imposed on you on June 25, 2010, that funds provided to you in trust not be disbursed in whole or in part to anyone, including your client, until all claims and settlement costs had been adjudicated, settled or dealt with, contrary to Chapter 11, Rule 7 of the Professional Conduct Handbook then in force.

This conduct constitutes professional misconduct, pursuant to s. 38(4) of the Legal Profession Act.

  1. Between November 2010 and October 2012, in the course of representing your client, CS, you represented to an arbitrator, opposing party or opposing counsel that funds were held in trust when you had disbursed those funds, contrary to Chapter 1, Rules 2(1) or 2(3), or Chapter 2, Rule 1 of the Professional Conduct Handbook then in force.

This conduct constitutes professional misconduct, pursuant to s. 38(4) of the Legal Profession Act.

  1. In the alternative to Allegation 2, between November 2010 and October 2012, in the course of representing your client, CS, you failed to disclose to an arbitrator, opposing party or opposing counsel that you had disbursed funds to your client, when you knew or ought to have known that information was material to the subject of the arbitration, contrary to Chapter 1, Rules 2(1) or 2(3), or Chapter 2, Rule 1 of the Professional Conduct Handbook then in force.

This conduct constitutes professional misconduct, pursuant to s. 38(4) of the Legal Profession Act.