Complaints, Lawyer Discipline and Public Hearings

 

Citation issued: June 19, 2019

Aengus Richard Martyn Fogarty

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 June 2018 and June 2019, you failed to cooperate in the Law Society of British Columbia’s investigation of complaint file number [number], by doing one or both of the following:

(a)  failing to respond fully and substantively to one or more letters dated June 27, 2018, July 6, 2018, July 12, 2018, and March 19, 2019, contrary to one or more of Rules 3-5(7), and 3-5(11) of the Law Society Rules, and rule 7.1-1 of the Code of Professional Conduct for British Columbia; and

(b)  without the written consent of the Executive Director, altering, deleting, destroying, removing, or otherwise interfering with records you were required to produce, contrary to one or both of Rule 10-3 of the Law Society Rules and rule 7.1-1 of the Code of Professional Conduct for British Columbia.

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

2.  On or about June 24, 2014, in a “safekeeping receipt” issued to or for JK in relation to a 1913 Chinese bond, you did one or both of the following:

(a)  misrepresented or implied that you were a barrister and solicitor in England, or qualified to act as such; and

(b)  described yourself in terms implying that you were a barrister and solicitor in England or qualified to act as such;

when you knew or ought to have known that you were not a barrister or solicitor in England or qualified to act as such, contrary to rule 2.2-1 of the Code of Professional Conduct for British Columbia and its commentary.

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