Complaints, Lawyer Discipline and Public Hearings

Summary of decision of the hearing panel on an application to conduct the hearing on disciplinary action on the written record


Mark Alan Hopkinson

Delta, BC

Called to the bar: October 22, 2002

Ceased membership for non-payment of fees: January 1, 2020

Written materials: July 31, 2020

Hearing panel: Dean Lawton, QC, Chair, Lindsay LeBlanc and Lance Ollenberger

Decision issued: August 20, 2020 (2020 LSBC 38)

Counsel: Sarah Conroy for the Law Society; no one appearing for Mark Alan Hopkinson

BACKGROUND

Mark Alan Hopkinson was found by a hearing panel at the facts and determination hearing to have committed professional misconduct by engaging in a pattern of non-communication with the client, failing to provide legal serves in a conscientious and diligent manner required of a competent lawyer, failing to respond to Law Society communications and holding himself out as a lawyer entitled to practise law while suspended (2020 LSBC 17).

APPLICATION TO CONDUCT THE HEARING ON DISCIPLINARY ACTION ON THE WRITTEN RECORD

The Law Society wrote to Hopkinson several times regarding scheduling the disciplinary action phase of the hearing. Hopkinson did not respond to the request. The Law Society applied to have the hearing proceed on the written record. Hopkinson did not respond to the application correspondence.

The panel found that a decision could be made on the basis of written submissions and that there was no basis to conclude that proceeding on that basis would be unfair to Hopkinson.

The panel ordered the disciplinary action phase of the hearing proceed on written submissions only.

2020 LSBC 38 Decision of the Hearing Panel on an Application to Conduct Hearing in Writing