Citation issued: july 18, 2014
david john briner
|Citations are authorized by the Law Society of BC's Discipline Committee and list allegations against a lawyer that 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 December 20, 2012 and October 16, 2013, you misappropriated some or all of the $50,439.44 received on behalf of your client GK on or about December 18, 2012, or improperly withdrew or authorized the withdrawal of those funds contrary to Law Society Rule 3-56(1).
This conduct constitutes professional misconduct pursuant to s. 38(4) of the Legal Profession Act.
2. You failed to cooperate fully in a Law Society investigation relating to funds received on behalf of your client GK and in particular, you failed to respond fully and substantively, or at all, to letters dated March 6, 2014 and March 18, 2014 and an email dated April 1, 2014 from the Law Society, contrary to one or more of the following:
(a) Rules 3-5(6) and (10) of the Law Society Rules;
(b) paragraph 1(c) of your undertaking dated October 8, 2013 to the Law Society.
This conduct constitutes a breach of the Act or rules, professional misconduct, or conduct that, if you were a member, would constitute professional misconduct, pursuant to section 38(4) of the Legal Profession Act.
3. Commencing in December 2012, you failed to comply with one or more of your obligations under Part 3, Division 7 of the Law Society Rules with respect to funds received from your client GK, and in particular you:
(a) failed to record on a trust ledger for GK the receipt of $50,439.44 and its subsequent disbursement as required by Rules 3-60(a)(iii) and (b) of the Law Society Rules;
(b) improperly recorded the receipt and disbursement of the funds in the trust ledger of your client RD/G Company, contrary to Rules 3-60(a)(iii) and (b) of the Law Society Rules;
(c) withdrew or authorized the withdrawal of some or all of the funds from your trust account between December 20, 2012 and October 16, 2013 when your trust accounting records were not current, or there were not sufficient funds held to the credit of the client (RD, G Company) on whose behalf the funds were paid, or both, contrary to Rule 3-56(1.2) of the Law Society Rules;
(d) withdrew or authorized the withdrawal of some or all of the funds in purported payment of your fees by way of an electronic transfer on December 20, 2012, contrary to Rule 3-56(3) of the Law Society Rules;
(e) failed to maintain sufficient funds on deposit in your trust account to meet your obligations with respect to funds held in trust for clients as required by Rule 3-55 of the Law Society Rules.
This conduct constitutes professional misconduct or a breach of the Act or rules pursuant to s. 38(4) of the Legal Profession Act.