“Now I Can Do What I Want”
A Hearing Panel of the British Columbia Law Society has concluded that an attorney’s sexual conduct towards his client (“X”) violated his ethical obligations
The Respondent’s actions, to which he admits, were unwelcome sexual conduct and resulted in adverse consequences for X. This Panel finds that the Respondent’s acts constitute sexual harassment contrary to the BC Code.
The Respondent’s conduct occurred while he was engaged in a solicitor-client relationship with X. This Panel finds that his conduct amounts to professional misconduct pursuant to the Act.
Respondent was aware that X had suffered a nervous breakdown in the past year
On October 1, 2020, the Respondent met with X in a meeting room in the Victoria Courthouse; the meeting was requested by the Respondent because he intended to inform X that he could no longer act as her counsel.
The Respondent told X that he could no longer act as her counsel. He explained that his decision to withdraw as her counsel was based on his thoughts of retirement, his intent to run for city council, and his interest in having a sexual relationship with her.
The Respondent then asked X to sign a Notice of Intention to Act in Person, without fully explaining the implications of it to her. X signed the Notice. The Respondent (through conversation) continued to leave open the possibility that he could act for her.
The Respondent then left the meeting room to file the Notice with the Registry. When the Respondent was out of the room, X turned on the audio recording function of her cellular telephone. The Respondent was not advised by X that the conversation was being recorded.
Following his return from filing the Notice of Intention to Act in Person, the Respondent stated, “Okay, well, I’m not your lawyer anymore.” X replied, “You’re not?”. The Respondent replied, “Now I can do what I want.”
During the conversation, the Respondent kissed X several times, hugged her, and touched her breast.
The first kiss occurred shortly after the Respondent told X he was no longer her lawyer.
X crossed her arms and moved her body close to the table. She turned her head and did not look directly at the Respondent.
The Respondent moved closer to X and straddled her area with his legs. One leg was in front of her and the other was behind her. X remained close to the table with her arms crossed. The Panel notes that the Respondent specifically denied straddling X in his written submission. However, the Respondent had already admitted this fact in the Notice to Admit. As such, the Panel cannot give the Respondent’s submission on this fact any weight because it was not in proper evidence before the Panel.
The Respondent kissed X a second time.
The second kiss occurred when X stated “… just a peck”. The Respondent also touched X’s breast at that time.
Towards the end of the meeting, when the Respondent stated, “Just give me a hug”, the Respondent hugged X.
The Respondent kissed X a third time. After the third kiss, the Respondent said, “If you don’t stop that we will never get out of here.”
At no time did X expressly consent to the Respondent’s verbal or physical advances.
Towards the end of the interaction, X wished the Respondent luck and said “… but you know if you could just take, even take one case, my case …” and the Respondent said, “Maybe I will.” X then stated, “And then just call me.”
Prior to the October 1, 2020 meeting, X had not given any indication to the Respondent that she was interested in a romantic relationship with him. One week later, X made a complaint to the Law Society alleging that there had been an incident at a courthouse where her lawyer had kissed her.
After the courthouse meeting, the Respondent continued to attempt to contact X by calling her and leaving voicemails and visiting her home once.
No sanction has been determined as yet. (Mike Frisch)
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