Unmasked
A one-month suspension has been imposed by the British Columbia Law Society Tribunal Hearing Division
On December 23, 2023, the Panel issued the facts and determination decision in this proceeding (the “F&D Decision”), and found that the Respondent had committed professional misconduct as follows:
On December 9, 2022, in the course of the Respondent representing her client SS in a Supreme Court family law proceeding, the Respondent, while at the Vancouver courthouse:
(a) communicated with an opposing party in the absence of her counsel, knowing the opposing party was represented by counsel and without the consent of the opposing party’s counsel, contrary to rule 7.2-6 of the Code of Professional Conduct for British Columbia (the “Code”); and
(b) communicated with the opposing party in a discourteous manner, contrary to rules 7.2-1 and 7.2-4 of the Code.
Respondent engaged with the complainant in an open seating area
The first part of the Conversation was admitted by the Respondent, and is as follows:
Respondent: You’re gonna take a hundred thousand dollars of your children’s money, that they could get, just because you won’t cooperate? This is money that would go to your family, and you are making sure that you’re both losing it and your children lose it. I have never met anybody that’s that angry, that’s that vindictive, this is, what a way to get revenge, but you’re getting the revenge against your children.
Complainant: Can you put a mask on?
Respondent: Pardon?
Complainant: Put a mask on, you’re very close to me.
The Panel also found that the Respondent subsequently told the Complainant: “Good luck with your life.”
Impact
On full review of the Statement, the Panel finds that the Respondent’s conduct did have a negative impact on the Complainant. However, the Panel is unable, on the basis of the Statement alone, to determine with any precision the degree of impact on the Complainant and for how long the Complainant was affected by the Respondent’s words. Thus, the Panel considers the impact of the Respondent’s conduct on the Complainant to be only a minor aggravating factor.
Sanction
The Panel orders that the Respondent be suspended from practice for one month. The Panel is informed that the Respondent retired from the practice of law as of May 31, 2024, and accordingly the suspension commencement date is the first business day following the date that the Respondent is reinstated as a member of the Law Society.
(Mike Frisch)