Summary of Rule 4-59 - Administrative Penalty
Jana K. McLean
Location: Vancouver, BC
Called to the bar: March 13, 2002
Penalty deemed to be admitted: June 22, 2023
FACTS
On March 13, 2023, an administrative penalty was assessed against Jana K. McLean for $5,000.
The administrative penalty resulted from a breach of Law Society Rules 3-102 and 3-104. Rule 3-102 requires a lawyer to verify the identity of instructing clients for any file where the lawyer provides legal services in respect of a financial transaction. Rule 3-104 sets out the verification requirements for a client who is not physically present before the lawyer.
In this case, McLean represented two plaintiffs in a lawsuit. When the lawsuit settled, the defendant deposited settlement funds into McLean’s trust account, which McLean distributed to the clients. Mclean did not meet with the clients in person prior to this financial transaction, and did not verify the clients’ identities in accordance with the rules.
McLean applied to the chair of the Discipline Committee for a review of the assessed penalty, per Rule 4-60(1). On June 22, 2023, the Chair made the following order:
The Administrative Penalty is confirmed and must be paid in accordance with the original notice delivered under Rule 4-59, except that the Administrative Penalty is due by July 22, 2023.
Because the original penalty was confirmed, McLean has been deemed to admit the above breach per Rule 4-59(5)(c).