Citation issued: October 21, 2014; amended november 7, 2014

Kevin Alexander McLean

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. You failed to provide a full and substantive response promptly or at all to communications from the Law Society concerning its investigation of Law Society complaint file number CO20140286, arising from a complaint made by BJ, contrary to Rule 3-5(6) and (10) of the Law Society Rules and Rule 7.1-1 of the Code of Professional Conduct for British Columbia. In particular, you failed to respond substantively to one or more of letters dated June 24, 2014, July 16, 2014, July 29, 2014, August 8, 2014 and September 3, 2014 by doing one or both of the following:

(a) failing to provide your complete client file; and

(b) failing to answer all the requests for information set out in one or more of the letters.

This conduct constitutes professional misconduct or a breach of the Act or rules pursuant to s. 38(4) of the Legal Profession Act.

2. You failed to provide a full and substantive response promptly or at all to communications from the Law Society concerning its investigation of Law Society complaint file number CO20130618, arising from a complaint made by the Practice Standards Committee, contrary to Rule 3-5(6) of the Law Society Rules and Rule 7.1-1 of the Code of Professional Conduct for British Columbia. In particular, you failed to respond substantively to requests for information set out in one or more of the letters dated July 8, 2014, July 29, 2014, August 6, 2014, August 18, 2014, August 27, 2014 and September 11, 2014.

This conduct constitutes professional misconduct or a breach of the Act or rules pursuant to s. 38(4) of the Legal Profession Act.

3. You failed to provide a full and substantive response promptly or at all to communications from the Law Society concerning its investigation of Law Society complaint file number CO20130626, arising from a complaint made by SO, contrary to Rule 3-5(6) and (6.1) of the Law Society Rules and Rule 7.1-1 of the Code of Professional Conduct for British Columbia. In particular, you failed to respond substantively to one or more of letters dated July 29, 2014, August 6, 2014, August 18, 2014, August 27, 2014 and September 10, 2014 by doing one or both of the following:

(a) failing to answer all the requests for information set out in one or more of the letters;

(b) failing to attend a scheduled interview.

This conduct constitutes professional misconduct or a breach of the Act or rules pursuant to s. 38(4) of the Legal Profession Act.

4. You failed to comply with a Rule 3-7.1 Order made by a Bencher Panel on January 29, 2014 as subsequently varied on August 25, 2014, contrary to Rule 7.1-1(e) of the Code of Professional Conduct for British Columbia, by failing to do one or more of the following:

(a) comply with the terms of the practice supervision agreement relating to (i) daily and weekly meetings with your practice supervisor and (ii) ensuring that all court documents are reviewed prior to being filed with the court;

(b) immediately cease practising law until such time as you had entered into and agreed to comply with a new employment or practice supervision agreement approved by the Practice Standards Committee;

(c) operate your trust account with a second signatory who had been approved by the Executive Director of the Law Society and in particular in failing to ensure that one trust cheque dated June 4, 2014, two trust cheques dated July 9, 2014 and two trust cheques dated July 10, 2014 were signed by an approved second signatory.

(d) provide the information and documentation requested about trust transactions in one or more letters dated July 17, 2014, July 30, 2014, August 11, 2014, August 20, 2014, September 10, 2014 and September 14, 2014 from Felicia Ciolfitto, Manager of Trust Regulation.

This conduct constitutes professional misconduct pursuant to s. 38(4) of the Legal Profession Act.

5. You failed to comply with an Order made by a Hearing Panel on July 29, 2014, contrary to Rule 7.1-1(e) of the Code of Professional Conduct for British Columbia, by failing to deliver to the Law Society on or before August 22, 2014 supporting documentation with respect to your non-attendance at a scheduled hearing on July 29, 2014 including documentation with respect to your medical condition and admission to Lions Gate Hospital on July 28, 2014.

This conduct constitutes professional misconduct pursuant to s. 38(4) of the Legal Profession Act.

6. You failed to successfully complete the Small Firm Course until in or about April 2014 contrary to one or more of the following:

(a) Rule 3-18.2 of the Law Society Rules,

(b) your undertaking dated September 18, 2013 to the Law Society, and

(c) an Order made by a Bencher Panel of the Law Society on January 29, 2014.

This conduct constitutes professional misconduct or a breach of the Act or rules pursuant to s. 38(4) of the Legal Profession Act.

7. You failed to comply with an order made by a Hearing Panel on September 29, 2014, contrary to Rule 7.1-1(e) of the Code of Professional Conduct for British Columbia, by failing to deliver to the Law Society on or before October 24, 2014 all medical clinical records of any medical practitioners seen by you in relation to your accident injuries of July 28, 2014 and the clinical records of Lions Gate Hospital/Vancouver Coastal Health from July 28, 2014 to date pertaining to your accident injuries of July 28, 2014.

This conduct constitutes professional misconduct pursuant to s. 38(4) of the Legal Profession Act.