Complaints, Lawyer Discipline and Public Hearings

 

Citation issued: March 11, 2020

Desmond Greg Friedland

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 2015 and February 2018, you misappropriated or improperly withdrew some or all of $825 from your client, AN and DN, by withdrawing the funds from trust when you were not entitled to the funds, contrary to Rule 3-64 of the Law Society Rules [Rule 3-56 prior to July 1, 2015].

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

2.  Between approximately April 2014 and May 2018, in relation to the 14 client matters set out in Schedule “A”, you maintained more than $300 of your own funds in your pooled trust account, contrary to Rule 3-60(5) of the Law Society Rules [Rule 3-52(4) prior to July 1, 2015], by failing to withdraw funds from trust in payment of your fees as soon as practicable, contrary to Rule 3-58 of the Law Society Rules [Rule 3-51 prior to July 1, 2015].

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 February 2007 and March 2016, in relation to one or more of the 13 instances identified in Schedule “B”, you failed to do one or more of the following contrary to one or more of Rules 3-68(a), 3-68(b) and 3-73(2) of the Law Society Rules [Rules 3-60(a), 3-60(b), and 3-65(2) prior to July 1, 2015], and rules 3.5-4 and 3.5-5 of the Code of Professional Conduct for British Columbia [Chapter 7.1, Rule 5 of the Professional Conduct Handbook prior to January 1, 2013]:

a)  identify and record the source of funds received into your pooled trust account;

b)  identify and record the identity of the client on whose behalf trust funds were received into your pooled trust account;

c)  maintain a trust ledger, or other suitable system, showing separately for each client on whose behalf trust funds have been received, all trust funds received and disbursed, and the unexpended balance; and

d)  maintain a detailed monthly listing to support your monthly trust reconciliation that showed the unexpended balance of trust funds held for each client, and that identified each client for whom trust funds were held.

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