Sexual Assault Draws Disbarment
A sexual assault of a prospective client has led to a criminal conviction and disbarment by the British Columbia Law Society Hearing Division.
The client sought advice on her husband’s bail and possible cohabitation after the husband had a charge of domestic assault
X came to see the Respondent at his place of business late that afternoon. The Respondent appeared disheveled. During the interview the Respondent asked X if she was married and X told him that she had been married for 29 years. X showed the Respondent some photos with respect to her business. He then moved closer to her, putting his head on her chest, rubbing her leg and moving his hand towards her crotch. She tried to stand up; he pushed her down and said, “Nicer you are to me now, the sooner we get your husband home.”
The assault lasted approximately 60 seconds. It was, understandably, very distressing for X, who was in a very vulnerable state. She told a friend about it on her way home from the Respondent’s office. Later that evening, she called the police. The ensuing police investigation resulted in the charge of sexual assault against the Respondent. The incident had a profound negative impact on X’s mental health, and has caused her to distrust not only lawyers, but other professionals.
The conduct
In this case the Respondent’s conduct was indeed utterly reprehensible. A potential client came to see him in a vulnerable state looking for professional assistance. Instead, the Respondent preyed on the victim, X, and intimated that his assistance was dependent on her cooperation with his sexual advances. As the Panel has noted that these events have had a devastating impact on X, requiring medication, and has made her fearful of not just lawyers, but other professionals where there is a power imbalance.
Character
The Respondent’s professional conduct record was entered into evidence in this proceeding. It is lengthy, and includes a prior citation for alarmingly similar circumstances – inappropriate and offensive behaviour towards a female client.
The Respondent was called to the BC Bar in 2015, after having practiced in California and Washington State. Although the Respondent had not practiced long in BC before this Citation was issued, he amassed a very concerning professional conduct record. The Respondent’s professional conduct record consists of various practice standards recommendations, including a monitored recovery agreement for alcohol or substance abuse. He has had to enter into undertakings not to practice criminal law, not to practice family law, and not to meet with any person under 19 or any female unless there is another person over 19 present in the room.
Sanction
Taking into account all of the relevant factors, the only appropriate sanction in this case is disbarment. This takes into account the seriousness of the misconduct, the impact on the victim, the Respondent’s previous conduct record (including a six- month suspension for predatory conduct towards a client albeit without a criminal charge and conviction), and the absolute lack of any acknowledgement or remorse by the Respondent raises concerns about the Respondent’s potential for rehabilitation.