Complaints, Lawyer Discipline and Public Hearings

 

Citation authorized:  September 20, 2018

James Anthony Comparelli

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 September 20, 2016 and April 19, 2017, while acting as executor and representing the Estate of LR, you misappropriated or improperly withdrew from trust the sum of $40,464.43 when you were not entitled to those funds, contrary to your fiduciary duties, or Rule 3-64 of the Law Society Rules, or both.

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

2.  Between September 20, 2016 and September 29, 2016, while acting as executor and representing the Estate of LR, you improperly withdrew from trust the sum of $137,030.04 prior to receiving signed releases from the beneficiaries waiving the passing of your accounts, contrary to your fiduciary duties, or Rule 3-64 of the Law Society Rules, or both.

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

3.  On or about September 20, 2016, while acting as executor and representing the Estate of LR (the “Estate”), you prepared and delivered a release and estate accounting to the residual beneficiaries when you knew or ought to have known that the estate accounting contained false representations of the Estate’s financial activities.

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

4.  In or about February 2007, you acted in a conflict of interest by preparing the Last Will and Testament of LR dated February 14, 2007 in which you were given a testamentary gift of $40,000, contrary to Chapter 7, 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.