Complaints, Lawyer Discipline and Public Hearings

 

Citation issued: February 5, 2019

Eric John Becker

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 November 2015 and July 2016, you sent one or more of the fourteen letters referenced in Appendix "A", which you knew or ought to have known contained untruthful or misleading information about you and Becker & Company’s trade-mark agent status, contrary to rule 2.2-1 of the Code of Professional Conduct for British Columbia

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

2.  In or between March 2016 and October 2016, in the course of an investigation of your conduct arising from complaints made against you, you failed to respond fully and substantially to the Law Society of British Columbia (the "LSBC"), or you made representations to the LSBC that you knew or ought to have known were false or misleading, or both, contrary to one or more of Rule 3-5(7) of the Law Society Rules, and 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)  in a letter to the LSBC dated March 16, 2016, you stated "Becker & Company is qualified to handle the trademark files and retains the appropriate certifications", when you knew or ought to have known that Becker & Company did not retain the appropriate certifications;

(b)  in a letter to the LSBC dated March 16, 2016, you stated that your trademark "registration is being renewed", when you knew or ought to have known that you had not yet submitted the application to renew the registration;

(c)  in a letter to the LSBC dated April 22, 2016, you stated you were "in the process of renewing" your trademark agent status, when you knew or ought to have known that you had not yet submitted the application to renew the registration; and

(d)  in your email to the LSBC dated October 4, 2016, you stated through counsel "In our view the reference to ‘Trade-mark agents’ on the letterhead is not misleading however due to the delay in processing Mr. Becker’s TM agent application, he will remove reference to "Trade-mark agents" from the letterhead", when you knew or ought to have known that the application had only been received on or about September 26, 2016.

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