Complaints, Lawyer Discipline and Public Hearings

Summary of Decision on Facts, Determination and Disciplinary Action

KRISTA MARGRET JESSACHER

Vancouver, BC

Called to the bar: May 21, 1999

Discipline hearing: February 4, 2016

Panel: Pinder K. Cheema, Chair, Gavin Hume, QC and Graeme Roberts

Decision issued: March 18, 2016 (2016 LSBC 11)

Counsel: Kieron Grady for the Law Society; no one appearing on behalf of Krista Margret Jessacher

FACTS

Krista Margret Jessacher has been a non-practising member since July 2010 and, as such, she gave an undertaking not to practise law. In December 2014, the Law Society received a complaint about Jessacher’ s conduct and, as part of the investigation, wrote to her with questions and requests for documents. She did not fully respond to the requests.

The Law Society issued a citation in June 2015 for her failure to respond and scheduled a discipline hearing in September 2015. Jessacher did not attend the discipline hearing. The panel in that hearing determined that Jessacher’ s failure to respond showed a marked departure from the conduct expected of a lawyer and constituted professional misconduct (2015 LSBC 43; Discipline digest: Winter 2015). As part of its disciplinary action, the panel ordered Jessacher to provide a complete and substantive response to the enquiries made in the Law Society’ s letters by September 16, 2015. Jessacher did not comply with the order.

The Law Society issued a second citation for her lack of compliance. She did not attend the discipline hearing on February 4, 2016 or provide an explanation for her absence.

DETERMINATION

The panel determined that Jessacher’ s consistent pattern of failure to respond to inquiries and failure to comply with a hearing panel’ s order reflects a gross culpable neglect of her duties as a lawyer and constitutes professional misconduct.

DISCIPLINARY ACTION

The panel ordered that Jessacher:

  1. provide a substantive response to Law Society letters dated February 2 and March 19, 2015;
  2. be suspended until she fully complies with the order to respond; and
  3. pay costs of $1,236.25.

2016 LSBC 11 Decision on Facts, Determination, Disciplinary Action and Costs

2015 LSBC 43 Decision on Facts, Determination and Disciplinary Action