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A Charming Applicant

By Michael Frisch

Despite some misgivings, a Hearing Panel of the British Columbia Law Society granted admission subject to a mentorship agreement to an applicant

In this case, the Applicant engaged in unauthorized practice on multiple occasions.  While a student-at-law in Alberta, the Applicant misrepresented himself as a lawyer.  Shortly after signing a Commitment not to engage in unauthorized practice, the Applicant breached it by representing four clients in British Columbia.  Although the duration of the conduct was relatively brief, ceased more than two years ago and occurred in the infancy of the Applicant’s legal career, it was nonetheless repeated.

The Applicant demonstrated no rehabilitative efforts.  However, upon realizing his actions constituted unauthorized practice, he immediately ceased and no further allegations have arisen.  Additionally, the Applicant emphatically expressed genuine remorse during the hearing.
 
Accentuate the positive

The Applicant is eager, charming, likable, charismatic and ambitious.  However, he does not inspire confidence and appears to lack curiosity about the law, focusing solely on representing clients without a demonstrated interest in further education or developing legal expertise.

Of the seven witnesses who testified, only one – NHF – expressed a lack of confidence in the Applicant.  All other witnesses felt that the Applicant possesses the character qualities necessary to handle the significant and varied demands of the legal profession.  Some witnesses also suggested that the Applicant either requires or would benefit from mentorship. 
 
Conditions

Pursuant to section 22(2) of the Legal Profession Act, the Applicant’s is admitted to the Law Society subject to the following conditions:

(a)        The Applicant identifies a mentor (“Mentor”) that satisfies the following criteria:

(i)                 the mentor has been a member of the Law Society of British Columbia for at least eight years;

(ii)              the mentor has at least eight years of active practice status with the Law Society of British Columbia;

(iii)            throughout the term of the mentorship agreement, the mentor maintains good standing and active practice status with the Law Society of British Columbia; and

(iv)            the mentor is approved by the Executive Director of the Law Society.

(Mike Frisch)

Posted in:
Bar Discipline & Process