Complaints, Lawyer Discipline and Public Hearings

 

Citation issued: July 30, 2018

Rosario Cateno Di Bella

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 December 7, 2016 and July 6, 2017, you breached your undertaking dated November 22, 2016 to the Law Society of British Columbia, contrary to rules 7.1-1(f) and 7.2-11 of the Code of Professional Conduct for British Columbia, by doing one or both of the following:

(a)  taking on some or all of the thirty-four (34) new client matters set out in Schedule “A” to this citation; and

(b)  omitting reference to some or all of the thirty-four (34) new client matters set out in Schedule “A” to this citation in your audit documents delivered to the Law Society.

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

2.  Between approximately December 7, 2016 and October 13, 2017, you misled the Law Society of British Columbia about your active client files or about your adherence to your undertaking dated November 22, 2016 to the Law Society of British Columbia (your “Undertaking”), or both, contrary to rules 2.2-1 and 7.1-1 of the Code of Professional Conduct for British Columbia, by doing one or more of the following:

(a)  omitting reference to some or all of the thirty-four (34) client matters set out in Schedule “A” to this citation in your audit documents delivered to the Law Society;

(b)  requesting to be relieved of your Undertaking in a letter dated June 23, 2017 in part because you had complied with your Undertaking except for failing to comply with the weekly reporting on four occasions; and

(c)  adopting the contents of a letter dated August 1, 2017 from your counsel Jean Whittow, QC in a Law Society investigation, in which letter your counsel stated that you have been mindful of your Undertaking not to take on new matters and were conscientious in reducing your file load.

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