Complaints, Lawyer Discipline and Public Hearings

Summary of Facts and Determination, Disciplinary Action and Costs Decision

Gavin Clark Crickmore

Vancouver, BC

Called to the bar: September 1, 1995

Discipline hearing: December 18, 2015

Panel: Elizabeth Rowbotham, chair; Donald Amos and Shona A. Moore, QC

Decision issued: May 20, 2016 (2016 LSB 16)

Counsel: Kieron Grady for the Law Society; Henry C. Wood, QC for Gavin Clark Crickmore

FACTS AND DETERMINATION

In or about 2014, a client of Gavin Clark Crickmore filed a complaint with the Law Society regarding Crickmore’ s representation of her infant child in 1995. At the time of the 1995 matter, Crickmore was a junior litigation associate with a law firm that ceased to practise as a firm in 2003. After corresponding with Crickmore and receiving his explanation of his handling of the 1995 matter, a Law Society investigator interviewed Crickmore on February 15, 2015. After that interview the investigator asked Crickmore to provide electronic files relating to the claim and his notes of any conversations or meetings with the complainant or her child.

Crickmore failed to produce his electronic files and notes and, on June 22, 2015, the investigator wrote Crickmore advising that, if she did not receive the electronic files and any relevant notes before June 26, 2015, the matter would be referred to the Discipline Committee with the recommendation that a citation be issued.

Crickmore admitted that he engaged in professional misconduct when he failed to respond promptly and fully to a Law Society request for documentation and information.

DISCIPLINARY ACTION

The Law Society sought a fine of $4,000. The panel considered several factors, including that this was Crickmore’ s first citation and that he did not gain any advantage from his misconduct, and ordered that Crickmore pay:

  • a fine of $2,500; and
  • costs of $1,772.50.

2016 LSBC 16 Decision on Facts, Determination, Disciplinary Action and Costs