Complaints, Lawyer Discipline and Public Hearings

 

Citation issued: December 12, 2019

Marc Andre Scheirer

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. 1.  Between approximately April 2018 and January 2019, in relation to your family law client AE, you failed to provide the quality of service required of a competent lawyer, contrary to rule 3.2-1 of the Code of Professional Conduct for British Columbia, including by failing to do one or more of the following:

(a)  keep your client reasonably informed about her family law matter;

(b)  answer reasonable requests from your client for information;

(c)  respond to your client’s telephone calls;

(d)  take appropriate steps to do what was promised to your client, or inform or explain to her that it was not possible to do so;

(e)  take substantive steps to advance your client’s file;

(f)  make all reasonable efforts to provide prompt service to your client; and

(g)  maintain appropriate filing and office organization systems to ensure that you were able to locate and review your client’s file as and when necessary.

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

2.  On or about November 22, 2018, in relation to your family law client AE, you failed to act honourably and with integrity, contrary to rule 2.2-1 of the Code of Professional Conduct for British Columbia, when meeting alone with your client at your home in circumstances where you did some or all of the following:

(a)  consumed alcohol prior to the meeting;

(b)  changed into inappropriate attire;

(c)  offered your client an alcoholic beverage;

(d)  poured yourself one or more alcoholic beverages while meeting with your client;

(e)  sat in close proximity with your client in a manner that you knew or ought to have known would make her feel uncomfortable; and

(f)  put your arm around your client.

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