The Conversation
An unauthorized communication drew a one-month suspension of an attorney by the British Columbia Law Society Hearing Panel
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.
The communication took place in the Vancouver courthouse in a “highly contested family law matter”
On December 12, 2022, the Respondent attended the Vancouver Supreme court on behalf of her client regarding an application in a highly contested family law matter. The other party (the “Complainant”) was represented by counsel. On that day an articled student of the Complainant’s lawyer was present with the Complainant in court, however counsel for the Complainant was not in attendance. The Respondent acknowledged that she was aware the Complainant was, at that time, represented by counsel.
Substance
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.