Citation issued: november 9, 2011; amended august 28, 2012

john edward roberts

Citations are issued by the Law Society of BC's Discipline Committee and list allegations against a lawyer which will be considered at a discipline hearing. Please note that allegations in a citation are unproven until a discipline hearing panel has determined their validity.

Nature of conduct to be inquired into:

1. In or about July 2010, in the course of acting for your client, C Distribution Inc., in an action in British Columbia Supreme Court, you engaged in sharp practice contrary to Canon 4(3) of the Canons of Legal Ethics and to Chapter 2, Rule 1 of the Professional Conduct Handbook by some or all of:

a. proceeding by default and obtaining default judgment against the defendant, when you knew the defendant was represented by another lawyer, without providing to her reasonable notice of your intention to do so, contrary to Chapter 11, Rule 12 of the Professional Conduct Handbook and to your duties as an officer of the court;

b. failing to reply reasonably promptly and substantively to communications from another lawyer, Lisa Laird, that required a response, and, in particular, to some or all of letters dated July 8, 2010, July 9, 2010, July 16, 2010, July 22, 2010 and July 27, 2010, contrary to Chapter 11, Rule 6 of the Professional Conduct Handbook;

c. failing to withdraw the application for default judgment after receiving a letter dated July 9, 2010 from Lisa Laird, counsel for the defendant.

This conduct constitutes professional misconduct.

2. Alternatively, in or about July 2010, in the course of acting for your client, C Distribution Inc., in an action in British Columbia Supreme Court, you engaged in some or all of the following conduct:

a)  proceeded by default and obtained judgment against the defendant, when you knew the defendant was represented by another lawyer, without providing to her reasonable notice of your intention to do so, contrary to Canon 4(3) of the Canons of Legal Ethics, to Chapter 11, Rule 12 of the Professional Conduct Handbook and to your duties as an officer of the court;

b)  failed to reply reasonably promptly and substantively to communications from another lawyer, Lisa Laird, that required a response, and, in particular, to some or all of letters dated July 8, 2010, July 9, 2010, July 16, 2010, July 22, 2010 and July 27, 2010, contrary to Chapter 11, Rule 6 of the Professional Conduct Handbook;

c) failed to withdraw the application for default judgment after receiving a letter dated July 9, 2010 from Lisa Laird, counsel for the defendant.

This conduct constitutes professional misconduct.

3. In or about July 2010, in the course of acting for your client, C Distribution Inc., in an action in British Columbia Supreme Court, you failed to properly supervise your legal assistant when applying for and obtaining default judgment on behalf of your client, contrary to Chapter 12 of the Professional Conduct Handbook.

This conduct constitutes professional misconduct.