Complaints, Lawyer Discipline and Public Hearings

 

Citation issued: May 9, 2016

Donald Franklin Gurney

Citations are issued by the Law Society of BC's Discipline Committee and list allegations against a lawyer which 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 May 2013 and November 2013, you used your trust account to receive and disburse a total of $25,845,489.87 on behalf of your client C Inc. without making reasonable inquiries about the circumstances, including the subject matter and objectives of your retainer, and without providing any substantial legal services in connection with the trust matters. In particular, you did one or more of the following:

(a)  in May 2013, you received and disbursed $5,849,970.00 in connection with your client’s matter with G Capital;

(b)  between July 2013 and August 2013, you received and disbursed $6,361,121.67 in connection with your client’s matter with I Ltd.;

(c)  in July 2013, you received and disbursed $7,439,445.00 in connection with your client’s matter with I LLC or in the alternative with D Inc.;

(d)  in November 2013, you received and disbursed $6,239,953.20 in connection with your client’s matter with Q Group.

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