Citation issued: December 16, 2013
|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. Between approximately June 2011 and April 2012, in the course of representing your client AJ in a family law matter, you failed to disclose material information to the court and the opposing party or counsel, contrary to Chapter 1, Rule 2(1) or 2(3), or Chapter 2, Rule 1 of the Professional Conduct Handbook then in force, by:
(a) failing to disclose that you no longer held any funds in trust on behalf of your client during a court appearance on June 28, 2011, when the court ordered that the funds held in your trust account be frozen pending final determination of the issues between the parties; and
(b) failing to subsequently correct the record, or continuing to leave the impression that you held the funds in trust, on some or all of the following occasions:
i. when you wrote to opposing counsel on July 13, 2011 enclosing the draft order signed by you,
ii. when you wrote to the opposing party on August 23, 2011 and August 30, 2011 seeking her agreement to allow you to release to your client funds held in trust,
iii. a court appearance on April 12, 2012.
This conduct constitutes professional misconduct, pursuant to s. 38(4) of the Legal Profession Act.