Complaints, Lawyer Discipline and Public Hearings

 

Citation issued: September 27, 2018 - joined with citation authorized Dec. 7/17

Homayoun Sebastian Nejat

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.  In or about March 2017, in relation to your purported client D Co. Ltd., you did one or both of the following:

(a)  engaged in activity that you ought to have known assisted in dishonesty, crime, or fraud by disbursing funds from your trust account without first taking reasonable steps to verify the identity of your client, contrary to rule 3.2-7 of the Code of Professional Conduct for British Columbia; and

(b)  failed to obtain, record, and verify client identification information, contrary to one or more of Rules 3-100, 3-102, 3-103, 3-104, 3-105, and 3-106 of the Law Society Rules.

This conduct constitutes professional misconduct or a breach of the Act or rules, contrary to section 38(4) of the Legal Profession Act.

2.  In approximately March 2017, in relation to your purported client D Co. Ltd., you misappropriated or improperly withdrew some or all of the amount of $29,000, by withdrawing those funds from trust and using them, when you were not entitled to the funds, contrary to Rule 3-64(1) of the Law Society Rules.

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

3.  You engaged in the practice of law while suspended between April 11, 2017 and June 28, 2017, contrary to section 15 of the Legal Profession Act, by doing one or more of the following:

(a)  communicating with your client, AJ, about his legal matter by email on May 4, 8 and 10, 2017;

(b)  meeting with clients, SJ, AJ, and AMJ, on June 15, 2017;

(c)  withdrawing funds of your client, MB, from trust on June 19, 2017; and

(d)  writing a letter in relation to your clients, SJ, AJ, and AMJ, dated June 15, 2017, to the Immigration and Refugee Board.

This conduct constitutes professional misconduct or a breach of the Act or rules, contrary to section 38(4) of the Legal Profession Act.

4.  Between April 2017 and June 2017, you failed to provide your clients with the quality of service required of a competent lawyer, contrary to one or more of rules 3.1-2 and 3.2-1 of the Code of Professional Conduct for British Columbia, by failing to provide your locum, Maryam Sodagar, with complete and accurate information about the status of all of your client files.

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

5.  On April 6, 2018, in relation to your client M Games, you engaged in the practice of law while suspended, contrary to section 15 of the Legal Profession Act, by sending email communications to CC and RR.

This conduct constitutes professional misconduct or a breach of the Act or rules, contrary to section 38(4) of the Legal Profession Act.

6.  On April 6, 2018, in relation to your client M Games, you made misrepresentations to the Law Society by stating in two emails to the Law Society dated April 6, 2018, that you had not dealt with any client files that day, contrary to one or more of rules 2.2-1, and 7.1-1 of the Code of Professional Conduct for British Columbia.

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