Complaints, Lawyer Discipline and Public Hearings

 

Citation issued: October 30, 2018

Glen Cameron Tedham

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 January 8, 2018 and March 7, 2018, in the course of representing DG in relation to a family matter, you did one or more of the following:

(a)  misappropriated or improperly withdrew some or all of $50,787.61 in client trust funds by authorizing withdrawals from trust prior to delivering a bill(s) to your client or when you knew or ought to have known you had not rendered sufficient legal services to justify the withdrawals, or both, contrary to Rules 3-64 and 3-65(2) of the Law Society Rules;

(b)  created and purported to deliver to your client a bill dated January 8, 2018 in the amount of $27,680.40 for fees and disbursements which contained representations as to the work performed which you knew or ought to have known were not true;

(c)  created and purported to deliver to your client one or both bills dated February 6, 2018 and February 26, 2018, each in the amount of $14,272.61, for fees and disbursements which contained representations as to the work performed which you knew or ought to have known were not true;

(d)  created a false email account purportedly belonging to your client to which you sent your bills;

(e)  fabricated an email dated March 2, 2018 purportedly from your client acknowledging receipt of your bill dated January 8, 2018;

(f)  made one or more of the following representations to DG Barristers that you knew or ought to have known were false or misleading:

i  by email dated March 1, 2018 you represented that your client had an email address [address];

ii  by email dated March 2, 2018 you represented that a copy of your bill dated January 8, 2018 had been delivered to your client;

iii  by email dated March 5, 2018 you represented that a copy of your bill dated March 5, 2018 had been delivered to your client.

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 June 5, 2016 and July 14, 2016, in the course of representing EA in relation to a tenancy dispute matter, you did one or more of the following:

(a)  misappropriated the sum of $2,000.00 received from your client on June 5, 2016 as a retainer, by depositing the funds into your personal account when you were not entitled to those funds;

(b)  failed to deposit $2,000.00 received from your client as retainer funds into a pooled trust account as soon as practicable, contrary to Rule 3-58(1) of the Law Society Rules;

(c)  created and delivered a bill dated July 4, 2016 in the amount of $6,006.31 for fees and disbursements in which you represented that the bill had been issued through Kerfoot Burroughs LLP and that you held $2,000.00 in trust, when you knew or ought to have known that those representations were false or misleading;

(d)  failed to account to Kerfoot Burroughs LLP for the receipt and disbursement of a total of $6,000.00 received on behalf of your client;

(e)  failed to record the receipt of funds as required by Rules 3-67(2) and 3-72 of the Law Society Rules.

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

3.  Between approximately March 19, 2018 and March 27, 2018, with respect to your client BW, you did one or more of the following:

(a)  misappropriated the sum of $10,000.00 received from your client as a retainer by depositing the funds into the account of C Ltd., a company owned and controlled by you, when you were not entitled to those funds;

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

(c)  engaged in the practice of law while suspended, contrary to section 15 of the Legal Profession Act or rule 7.1-1 of the Code of Professional Conduct for British Columbia, or both, by doing one or more of the following:

i  meeting with your client and another lawyer on March 19, 2018 at the office of DG Barristers during which meeting you discussed the next steps on her file or gave legal advice, or both; and

ii  requesting a further retainer of $20,000.00 from BW on March 19 and 20, 2018.

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

4.  Between approximately September 13, 2016 and September 15, 2016, in the course of representing MK in relation to a film contract, you did one or more of the following:

(a)  misappropriated some or all of $5,500.00 received from your client as a retainer by depositing the funds into your personal account when you were not entitled to those funds;

(b)  failed to deposit some or all of the retainer funds into a pooled trust account as soon as practicable, contrary to Rule 3-58(1) of the Law Society Rules;

(c)  failed to account to Kerfoot Burroughs LLP for the receipt and disbursement of the retainer funds;

(d)  failed to record the receipt of the funds as required by Rules 3-67(2) and 3-72 of the Law Society Rules.

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

5.  On approximately January 19, 2018, in the course of representing FB in relation to a family matter, you did one or more of the following:

(a)  misappropriated some or all of $3,000.00 received from your client as a retainer by depositing the funds into your general account when you were not entitled to those funds;

(b)  failed to deposit some or all of the retainer funds into a pooled trust account as soon as practicable, contrary to Rule 3-58(1) of the Law Society Rules;

(c)  failed to account to DG Barristers for the receipt and disbursement of the retainer funds;

(d)  failed to record the receipt of the funds as required by Rules 3-67(2) and 3-72 of the Law Society Rules.

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

6.  Between approximately July 2016 and December 2016, in the course of representing BF in relation to a family matter, you did one or more of the following:

(a)  misappropriated some or all of $2,500.00 received from your client as a retainer by depositing the funds into your personal account when you were not entitled to those funds;

(b)  failed to deposit some or all of the retainer funds into a pooled trust account as soon as practicable, contrary to Rule 3-58(1) of the Law Society Rules;

(c)  deposited some or all of the $2,500.00 into your personal account prior to rendering a bill for legal services;

(d)  failed to account to Kerfoot Burroughs LLP for the receipt of the retainer funds;

(e)  failed to record the receipt of the funds as required by Rules 3-67(2) and 3-72 of the Law Society Rules.

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

7.  On approximately October 28, 2015, you submitted one or more loan applications in the name of DT to B Inc. and received $11,000.00 from B Inc. in response and, in doing so, you did one or more of the following:

(a)  falsely represented to B Inc. that you were the applicant DT;

(b)  applied for a loan in the name of DT without the knowledge or consent of DT;

(c)  acted in a conflict of interest contrary to rule 3.4-26.1 of the Code of Professional Conduct for British Columbia.

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

8.  On approximately November 24, 2015, you submitted one or more loan applications in the name of DT to MF and received a total of $3,300.00 from MF in response and, in doing so, you did one or more of the following:

(a)  falsely represented to MF that you were the applicant DT;

(b)  applied for a loan in the name of DT without the knowledge or consent of DT;

(c)  acted in a conflict of interest contrary to rule 3.4-26.1 of the Code of Professional Conduct for British Columbia.

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