Friday, July 8, 2022

Holiday In Vegas

The British Columbia Law Society Tribunal Hearing Division has ordered disbarment of an attorney

The Panel’s findings of professional misconduct are set out in paras. 39 to 48 of the F&D Decision.  The misconduct can be broadly summarized as the Respondent exploited a vulnerable client for his own benefit.  The Respondent’s client was under psychiatric care, was financially destitute and on the facts of her family case, was certain to receive a settlement valued in the millions.  The Respondent provided an abysmal quality of service, failed to act with honesty and candour and pressured his client into entering into an unfair and unethical contingency fee agreement entitling him to 20 per cent of any settlement.  Once the contingency fee agreement was in place, the Respondent ignored his client’s instructions and instead focused his efforts on obtaining a settlement.  The Respondent entered into a settlement that was contrary to his client’s instructions, misled her about the terms of the settlement and took over a million dollars in fees, which he was not entitled to under the unfair and unethical contingency fee agreement.  At a later taxation, the court described the settlement as a poor result – no more than the minimum she was entitled to.  The Respondent’s conduct was dishonest and a gross abuse of his vulnerable client.

https://lawprofessors.typepad.com/legal_profession/2022/07/the-british-columbia-law-society-the-panels-findings-of-professional-misconduct-are-set-out-in-paras-39-to-48-of-the-f.html

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