Citation issued: february 10, 2016

Gregory Louis Samuels

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. On or about July 30, 2010, you improperly withdrew or authorized the withdrawal of some or all of $9,690.05 USD received on behalf of one or both of the [Government Ministry] and ML on or about July 29, 2010, contrary to Rule 3-64(1) of the Law Society Rules 2015.

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

2. Beginning on or about July 30, 2010, you breached your duty of loyalty to your client, the [Government Ministry], by failing to forward its subrogated share of the proceeds collected as part of the settlement of your client ML’s claim, contrary to Chapter 6, Rule 1 of the Professional Conduct Handbook then in force, and Rule 3.4-1 of the Code of Professional Conduct for British Columbia.

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

3. In the alternative to paragraph 2, after agreeing to protect the interests of the [Government Ministry], you breached your professional obligation to the [Government Ministry ]by failing to forward its subrogated share of the proceeds collected as part of the settlement of your client ML’s claim, contrary to Chapter 2, Rule 1 of the Professional Conduct Handbook then in force, and Rule 2.2-1 of the Code of Professional Conduct for British Columbia.

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

4. On or about July 30, 2010, in a statement of account dated June 29, 2010, you misrepresented to your client ML that a portion of the settlement proceeds of her claim would be used to pay the subrogated claim of the [Government Ministry]  and did not subsequently correct that misrepresentation or otherwise keep your client properly informed when you determined that you would not be forwarding the proceeds to the [Government Ministry], contrary to Chapter 1, Rule 3(2), Chapter 2, Rule 1 and Chapter 3, Rule 3 of the Professional Conduct Handbook then in force, and Rules 3.2-1 and 3.2-2 of the Code of Professional Conduct for British Columbia.

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

5. In the course of representing your client, ML, in matters arising from a subrogated claim by the [Government Ministry], you failed to reply reasonably promptly to some or all of the letters dated June 22, 2010; October 4, 2013; November 7, 2013; December 19, 2013; January 22, 2014; January 29, 2014; and February 21, 2014, from the [Government Ministry]  that required a response, contrary to Chapter 3, Rule 3 and Chapter 11, Rule 6 of the Professional Conduct Handbook, then in force, and Rules 3.2-1 and 7.2-5 of the Code of Professional Conduct for British Columbia.

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