Citation issued: September 30, 2015; amended december 1, 2015
Michael saul menkes
|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 November 2009 and December 2013, while representing MD in a personal injury matter, you failed to serve your client in a conscientious, diligent and efficient manner so as to provide a quality of service at least equal to that which would be expected of a competent lawyer in a similar situation, contrary to Chapter 3, Rules 3 and 5 of the Professional Conduct Handbook then in force, and Rule 3.2-1 of the Code of Professional Conduct for British Columbia. In particular, you failed to do one or more of the following:
(a) serve the Notice of Claim or take any steps to advance the matter after filing the claim in November 2009;
(b) respond to communications from or on behalf of your client, or provide your client with accurate information regarding the status of the claim;
(c) follow up with the court registry to ascertain the status of the court file as you had indicated you would.
This conduct constitutes professional misconduct, pursuant to s. 38(4) of the Legal Profession Act.