SELF-GOVERNING PROFESSIONS - Rule making - Professional conduct - Scope

Law360 Canada ( January 3, 2025, 9:43 AM EST) -- Appeal by Gregory from decision of Law Society of British Columbia (Society) hearing panel (panel) that made findings of professional misconduct against him. Gregory, a civil litigator with considerable experience, faced allegations of professional misconduct from the Society for his handling of a foreclosure file. The Society's panel found that Gregory should have reasonably been suspicious of his client's potential involvement in illegal activities, punishable under Canadian law. Suspicious circumstances arose on January 24, 2018, after the defendant served an affidavit alleging fraud and an invalid mortgage. The panel cited factors such as the attendance of the client's associates at initial meetings, Gregory's inability to communicate effectively with the client due to language barriers, and conflicting evidence regarding the loan transaction. The panel concluded that Gregory failed to make reasonable inquiries despite these circumstances, even after meeting with the Society in June 2018. Additionally, the panel found that Gregory breached the Law Society Rules by becoming counsel of record before obtaining and recording the client's business address, telephone number, and occupation, and by failing to make reasonable efforts to obtain this information for almost a year....
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