Complaints, Lawyer Discipline and Public Hearings

 

Citation issued: September 08, 2017

Jeffrey Stephen Lowe

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.  Between approximately February 2006 and June 2013, you misappropriated some or all of the sum of $9,107.65 received as pre-billed disbursements from one or more of the 43 clients identified in Schedule “A”, by directly depositing the funds into your general account or improperly withdrawing the funds from your trust account, when you knew or ought to have known that some or all of those disbursements were not properly charged to your clients.

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

2.  Between approximately February 2006 and June 2013, you received some or all of the sum of $74,710.61 from one or more of the 43 clients identified in Schedule “A” in purported payment of your filing fees and disbursements and you did one or more of the following:

(a)  failed to deposit the funds into a pooled trust account as soon as practicable, contrary to Rule 3-51(1) of the Law Society Rules [now Rule 3-58(1)];

(b)  failed to prepare and deliver a bill to the client(s) containing a detailed statement of the disbursements actually incurred, contrary to one or more of section 69 of the Legal Profession Act and Rules 3-62 and 3-63 of the Law Society Rules [now Rules 3-71 and 3-72];

(c)  failed to account to your client(s) for all funds received as required by Rule 3-48 of the Law Society Rules [now Rule 3-54].

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

Schedule A

 

Tab

Client Name

Client Number

Total Pre-billed Disbursements and taxes (Allegation 2)$

Re-classified in Accounting System to Eliminate Balance (Allegation 1) $

1

AA

[number]

930

638.39

2

MB

[number]

420

400.60

3

C Ltd.

[number]

212

99.91

4

CR

[number]

2,183.98

163.24

5

I Ltd.

[number]

3,725.08

165.04

6

DG

[number]

428.90

195.76

7

JH

[number]

296

200

8

BL

[number]

279.30

210

9

L Ltd.

[number]

760

175.38

10

FO

[number]

727.64

692.94

11

CM

[number]

3,547.20

133.79

12

HM

[number]

3,424.90

111.71

13

SL

[number]

266

199.38

14

O Inc.

[number]

891

172.57

15

B Ltd.

[number]

776.50

121.76

16

ST

[number]

1,390.41

135.62

17

BC

[number]

616.50

235.57

18

WH

[number]

2,957.50

188.60

19

DC

[number]

1,975.86

154.57

20

JH

[number]

2,242.80

319.86

21

GS

[number]

1,824.20

238.63

22

JD

[number]

1,688.75

117.99

23

BC

[number]

1,460

247.49

24

AG

[number]

6,538.90

147.20

25

WH

[number]

3,761.75

233.59

26

L Ltd.

[number]

528

336.14

27

JC

[number]

2,902.50

187.53

28

M Lighting

[number]

814.50

186.73

29

AS

[number]

266

199.65

30

SA

[number]

200

191.95

31

NS

[number]

1,764.50

159.79

32

B Inc.

[number]

865.54

321.26

33

A Ltd

[number]

604

95.94

34

Z Ltd.

[number]

707.50

216.96

35

FK

[number]

725.55

238.30

36

CS

[number]

275

155.01

37

JW

[number]

387.63

222.46

38

RB

[number]

722

210.77

39

G Society

[number]

589.50

205.39

40

C Assembly

[number]

2,907.10

95.77

41

MK

[number]

281.12

195.40

42

CA

[number]

200

189.01

43

EM

[number]

16,645

0.00

Total

 

$74,710.61

$9,107.65