Complaints, Lawyer Discipline and Public Hearings

Summary of Decision of the Hearing Panel

Darryl Wayne Larson

Vancouver, BC

Called to the bar: August 26, 1988

Discipline hearing: September 22, 2017]

Panel: Jamie Maclaren (chair), Dr. Gail Bellward, Carol W. Hickman, QC

Decision issued: December 6, 2017 (2017 LSBC 43)

Counsel: Carolyn Gulabsingh for the Law Society, Peter J. Wilson, QC for Darryl Wayne Larson

AGREED FACTS

In January 2012, a client retained an associate at Larson’ s law firm to facilitate the client’ s immigration to Canada from Iran and provided a $15,000 cash retainer to the associate while the associate was travelling in Iran. The associate brought the funds to Canada and deposited them into the law firm’ s trust account.

After Larson assumed primary conduct of the file, the client emailed Larson to terminate the retainer and to arrange for the refund of all unused retainer funds, which Larson calculated to be $10,318.60. The client instructed Larson to pay the funds to a designate. The designate requested that the funds be made payable to the designate. Larson secured the bank draft, and his assistant gave it in person to the designate.

ADMISSION AND DETERMINATION

The panel found that Larson’ s conduct contravened the cash refund requirement of Law Society Rule 3-51.1(3.2) then in force. The panel approved Larson’ s conditional admission of professional misconduct and proposed disciplinary action.

DISCIPLINARY ACTION

The panel ordered that Larson pay:

  • a fine of $4,000; and

costs of $1,262.05.

2017 LSBC 43 Decision of the Hearing Panel