Complaints, Lawyer Discipline and Public Hearings

 

Citation issued:  March 12, 2019

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.  Between approximately July 2017 and March 2018, in relation to your client BS, you misappropriated some or all of the amount of $135,106.38 in client trust funds, or improperly withdrew some or all of the amount of $135,106.38 in client trust funds contrary to Rule 3-64 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.

2.  On or about May 7, 2018, in relation to your client S Inc. and/or HM, you misappropriated some or all of the amount of $125,000.00 in client trust funds, or you improperly withdrew some or all of the amount of $125,000.00 in client trust funds contrary to Rule 3-64 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.  Between approximately April 25, 2018 and November 30, 2018, in relation to your client BS, you provided information and records to the Law Society that you knew or ought to have known were false or misleading, contrary to one or both of Rule 3-5(7) of the Law Society Rules and rule 7.1-1 of the Code of Professional Conduct for British Columbia, in one or more of the following instances:

a.  on or about April 25, 2018, you provided falsified bills to the Law Society;
b.  on or about November 30, 2018, you provided an incomplete client file to the Law Society; and
c.  on or about November 30, 2018, you provided false or misleading trust accounting records to the Law Society.

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

4.  In an email dated April 23, 2018, you represented to your client BS that the payment of funds owed to him was not being withheld and that you were waiting for confirmation of release from an undertaking, which you knew or ought to have known was false or misleading, contrary to one or more of rules 2.2-1 and 3.2-2 of the Code of Professional Conduct for British Columbia.

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