Complaints, Lawyer Discipline and Public Hearings

 

Issued:  December 15, 2017

Sumit Ahuja

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 March 2, 2017, you failed to attend a chambers application in Supreme Court in the Vancouver Registry on behalf of your client AD, without ensuring that the interests of your client were adequately protected.

This conduct constitutes professional misconduct, or incompetent performance of duties undertaken in the capacity of a lawyer pursuant to s. 38(4) of the Legal Profession Act.

2.  In or about October and November 2016, you received trust funds of $5,000 cash in your capacity as a barrister and solicitor on behalf of your client JV and you misappropriated or improperly handled some or all of those funds by failing to do one or more of the following:

a)  deposit the trust funds into a pooled trust account, contrary to Rule 3-58 of the Law Society Rules;
b)  record the receipt of the funds as required by Rules 3-67 and 3-72 of the Law Society Rules;
c)  issue a receipt to your client, contrary to Rule 3-70 of the Law Society Rules;
d)  issue and deliver a bill to your client as required by Rule 3-72(3) of the Law Society Rules and section 69 of the Legal Profession Act.

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

3.  On or about October 17, 2016, you received trust funds of $5,000 cash in your capacity as a barrister and solicitor on behalf of your client SS aka SR and you misappropriated or improperly handled some or all of those funds by failing to do one or more of the following:

a)  deposit the trust funds into a pooled trust account, contrary to Rule 3-58 of the Law Society Rules;
b)  record the receipt of the funds as required by Rules 3-67 and 3-72 of the Law Society Rules;
c)  issue a receipt to your client, contrary to Rule 3-70 of the Law Society Rules;
d)  issue and deliver a bill to your client as required by Rule 3-72(3) of the Law Society Rules and section 69 of the Legal Profession Act.


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

4.  On or about November 30, 2016, you received trust funds of $5,000 cash in your capacity as a barrister and solicitor on behalf of your client AD and you misappropriated or improperly handled some or all of those funds by failing to do one or more of the following:

a)  deposit the trust funds into a pooled trust account, contrary to Rule 3-58 of the Law Society Rules;
b)  record the receipt of the funds as required by Rules 3-67 and 3-72 of the Law Society Rules;
c)  issue a receipt to your client, contrary to Rule 3-70 of the Law Society Rules;
d)  issue and deliver a bill to your client as required by Rule 3-72(3) of the Law Society Rules and section 69 of the Legal Profession Act.

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

5.  On or about June 14, 2016, you received trust funds of $1,000 cash in your capacity as a barrister and solicitor on behalf of your client IG and you misappropriated or improperly handled some or all of those funds by failing to do one or more of the following:

a)  deposit the trust funds into a pooled trust account, contrary to Rule 3-58 of the Law Society Rules;
b)  record the receipt of the funds as required by Rules 3-67 and 3-72 of the Law Society Rules;
c)  issue a receipt to your client, contrary to Rule 3-70 of the Law Society Rules;
d)  issue and deliver a bill to your client as required by Rule 3-72(3) of the Law Society Rules and section 69 of the Legal Profession Act.

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

6.  In or about February or March, 2017, you received trust funds of $2,800 cash in your capacity as a barrister and solicitor on behalf of your client JG and you misappropriated or improperly handled some or all of those funds by failing to do one or more of the following:

a)  deposit the trust funds into a pooled trust account, contrary to Rule 3-58 of the Law Society Rules;
b)  record the receipt of the funds as required by Rules 3-67 and 3-72 of the Law Society Rules;
c)  issue a receipt to your client, contrary to Rule 3-70 of the Law Society Rules;
d)  issue and deliver a bill to your client as required by Rule 3-72(3) of the Law Society Rules and section 69 of the Legal Profession Act.

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

7.  On or about August 21, 2016, you received trust funds of $1,450 by way of electronic transfer on behalf of your client NS and you failed to do one or more of the following:

a)  deposit the trust funds into a pooled trust account, contrary to Rule 3-58 of the Law Society Rules;
b)  record the receipt of the funds as required by Rules 3-67 and 3-72 of the Law Society Rules;
c)  issue and deliver a bill to your client as required by Rule 3-72(3) of the Law Society Rules and section 69 of the Legal Profession Act.

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

8.  On or about each of August 21, 2016 and November 2, 2016, you received trust funds of $3,000 by cheque on behalf of your client AS and you failed to do one or more of the following:

a)  deposit the trust funds into a pooled trust account, contrary to Rule 3-58 of the Law Society Rules;
b)  record the receipt of the funds as required by Rules 3-67 and 3-72 of the Law Society Rules;
c)  issue and deliver a bill to your client as required by Rule 3-72(3) of the Law Society Rules and section 69 of the Legal Profession Act.

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

9.  On or about October 2016, you received trust funds of $2,500 cash on behalf of your client JB and you failed to do one or more of the following:

a)  deposit the trust funds into a pooled trust account, contrary to Rule 3-58 of the Law Society Rules;
b)  record the receipt of the funds as required by Rules 3-67 and 3-72 of the Law Society Rules;
c)  issue a receipt to your client, contrary to Rule 3-70 of the Law Society Rules;
d)  issue and deliver a bill to your client as required by Rule 3-72(3) of the Law Society Rules and section 69 of the Legal Profession Act.

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

10.  On or about November 1, 2016, you received trust funds of $2,000 by electronic transfer on behalf of your client PD, and you failed to do one or more of the following:

a)  deposit the trust funds into a pooled trust account, contrary to Rule 3-58 of the Law Society Rules;
b)  record the receipt of the funds as required by Rules 3-67 and 3-72 of the Law Society Rules;
c)  issue and deliver a bill to your client as required by Rule 3-72(3) of the Law Society Rules and section 69 of the Legal Profession Act.

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

11.  In or about February or March 2017, you received trust funds of $3,000 cash on behalf of your client TH, and you failed to do one or more of the following:

a)  deposit the trust funds into a pooled trust account, contrary to Rule 3-58 of the Law Society Rules;
b)  record the receipt of the funds as required by Rules 3-67 and 3-72 of the Law Society Rules;
c)  issue a receipt to your client, contrary to Rule 3-70 of the Law Society Rules;
d)  issue and deliver a bill to your client as required by Rule 3-72(3) of the Law Society Rules and section 69 of the Legal Profession Act.

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