Complaints, Lawyer Discipline and Public Hearings

 

Citation issued: November 19, 2018

John Joseph Jacob Hittrich

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 between approximately November 2015 and July 2017, in the course of representing your clients, LG and CW, in proceedings concerning access to their infant former foster daughter, you acted improperly in relation to transcripts from proceedings under the Child, Family and Community Service Act (the “Transcripts”), when neither you nor your clients had obtained a valid court order permitting access to the Transcripts, contrary to one or more of rules 2.1-1(a), 2.1-2(a), 2.2-1, 3.1-2, 5.1-1 and 5.1-2(i) of the Code of Professional Conduct for British Columbia, by doing one or more of the following:

(a)  on or between March 21, 2016 and April 4, 2016, aiding, counselling, or assisting your clients to act contrary to the law by ordering and accessing the Transcripts;

(b)  on or about June 1, 2016, filing, in court proceedings, the affidavit of one of your clients, attaching the Transcripts as exhibits;

(c)  on or about June 14, 2016, in representing your clients in court, you misled the court about the ability to rely upon the Transcripts and failed to inform the court about the provisions of the Child, Family and Community Service Act, the related Provincial Court Rules and the notations on the face of the Transcripts in regards to the proper procedure for obtaining access to the Transcripts;

(d)  on or about April 5, 2017, filing Appeal Books on behalf of your clients, and including the Transcripts in these materials; and

(e)  on or between July 6, 2017 and July 25, 2017, aiding, counselling, or assisting your clients to act contrary to the law, by providing a copy of the Appeal Books to Dr. K.

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