Summary of Rule 4-59 - Administrative Penalty
Albert E. King, KC
Location: Nanaimo, BC
Called to the bar: May 14, 1979
Penalty deemed to be admitted: April 18, 2023
FACTS
On February 16, 2023, an administrative penalty was assessed against Albert E. King, KC for $5000.
The administrative penalty resulted from a breach of Law Society Rule 3-59 (cash transactions). A breach of this Rule occurs where a lawyer receives or accepts cash funds, in an aggregate amount greater than $7,500 in respect of any one client matter, the lawyer makes use of the cash, and no exceptions set out in Rule 3-59 apply. Although Rule 3-59 permits a lawyer to receive cash in an aggregate amount greater than $7,500 for professional fees, disbursements or expenses in connection with the provision of legal services, a lawyer must make any refund out of such money in cash.
In this case, King accepted several cash payments from a client as retainer fees. After the matter was transferred to another lawyer, King issued a trust cheque to the new lawyer for the unused portion of the retainer fees, which was a sum in excess of $7,500. Therefore, the unused portion of the retainer fees were not returned to the client in cash, as required by Rule 3-59(5).
King applied to the chair of the Discipline Committee for a review of the assessed penalty, per Rule 4-60(1). On April 18, 2023, the Chair made the following order:
The penalty is confirmed and must be paid in accordance with the original notice delivered under Rule 4-59 and is due by May 18, 2023.
Because the original penalty was confirmed, King has been deemed to admit the above breach per Rule 4-59(5)(c).