Citation issued: december 20, 2012
douglas warren welder
|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 April and May 2012, you acted in a conflict of interest by representing FW in a foreclosure proceeding in British Columbia Supreme Court Kelowna Registry Action No. [number] against your former clients, HH and J Ltd., contrary to Chapter 6, Rules 1 and 7 of the Professional Conduct Handbook, and in particular, you did so when:
(a) you did not inform HH and J Ltd. of your proposed representation and did not obtain the consent of either or both to it;
(b) your representation of FW was not substantially unrelated to your representation of HH and J Ltd.; or
(c) you possessed confidential information arising from your representation of HH and J Ltd. that might reasonably affect your new representation of FW.
This conduct constitutes professional misconduct, pursuant to section 38(4)(b) of the Legal Profession Act.