Complaints, Lawyer Discipline and Public Hearings

 

Citation issued: May 28, 2019; amended May 29, 2019

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 February 20, 2018 and March 5, 2018, with respect to LS also known as LC, a client of DG Barristers (the “Client”), you did one or more of the following:

(a)  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)  exchanging text messages with the Client in which you discussed the next steps on her file or gave legal advice, or both; and

(ii)  requesting a further retainer of $15,000 from the 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 February 20, 2018 and March 5, 2018, with respect to LS also known as LC, a client of DG Barristers (the “Client”), you did one or more of the following:

(a)  misappropriated some or all of $15,000 you received from the Client as a retainer by depositing the funds into your personal account when you were not entitled to those funds;

(b)  failed to deposit retainer funds you received from the Client 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 your receipt of the Client’s retainer funds; and

(d)  failed to record your receipt of the Client’s retainer 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 September 21, 2015 and November 10, 2016, in the course of representing LH, a client of Kerfoot Burroughs LLP (the “Client”), you did one or more of the following:

(a)  misappropriated from Kerfoot Burroughs LLP some or all of $17,660 you received from the Client as a retainer when you were not entitled to those funds;

(b)  failed to deposit retainer funds you received from the Client 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 your receipt and disbursement of the Client’s retainer funds;

(d)  failed to record your receipt of the Client’s retainer funds as required by Rules 3-67(2) and 3-72 of the Law Society Rules;

(e)  misappropriated some or all of $6,760 you received from the Client as a retainer by depositing the funds into your personal account when you were not entitled to the funds;

(f)  created and delivered a bill dated February 29, 2016 in the amount of $2,167.20 for fees and disbursements in which you represented that $1,400 previously received from the Client had been deposited into trust, when you knew or ought to have known that those representations were false or misleading;

(g)  created and delivered a bill dated April 1, 2016 in the amount of $4,367.43 for fees and disbursements in which you represented that:

(i)  the bill had been issued through Kerfoot Burroughs LLP;

(ii)  $2,300 previously received from the Client had been deposited into trust; and

(iii)  $3,523.80 of the bill would be paid from trust,

when you knew or ought to have known that those representations were false or misleading.

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

4.  On approximately August 10, 2017, in the course of representing TP, a client of DG Barristers (the “Client”), you did one or more of the following:

(a)  misappropriated the sum of $2,000 you received from the Client as a retainer by depositing the funds into the account of C Consulting Ltd., a company owned and controlled by you, when you were not entitled to those funds;

(b)  failed to deposit retainer funds you received from the Client 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 your receipt of the Client’s retainer funds; and

(d)  failed to record your receipt of the Client’s retainer 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.