Can a lawyer be suspended from practice for obtaining a divorce order without advising the court of prior directions made by the court?
British Columbia, Canada
The following excerpt is from Hittrich (Re), 2021 LSBC 16 (CanLII):
In Law Society of BC v. Taunk, 2008 LSBC 37, a one-month suspension was ordered for a lawyer who obtained a divorce order without advising the court of prior directions made by the court which would have required that the matter be consolidated with another proceeding where the opposing party was self-represented. The hearing panel found that the lawyer had acted out of an over-identification with his loyalty to his client. No evidence was presented of the lawyer having a professional conduct record at the time.
In Law Society of BC v. MacLeod, 1998 LSDD No. 10, a lawyer was suspended for 30 days after appearing in a matter where a court would not approve a settlement without also reviewing the reasonableness of the lawyer’s fee. Rather than providing evidence with respect to the fee, the lawyer applied to another judge for approval and did not disclose the prior application.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a lawyer who withdrew funds from a trust to pay his client and his fees prior to the conclusion of an agreement or the obtaining of a court order in breach of an undertaking? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
How has the court interpreted section 51(1) of the Divorce Divorce and Divorce Act, s. 51(2) and s. 65(1)? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
What is the test for a numbered company to obtain an interim order to obtain a winding-up order? (British Columbia, Canada)
In what circumstances will the Supreme Court of Canada order an order to demolish or demolish a building that was being built without planning permission? (British Columbia, Canada)
Can a court vary, suspend or rescind a previous order on child support under s. 17(1) of the Divorce Act? (British Columbia, Canada)
Can a lawyer obtain a desk order for divorce from the opposing counsel? (British Columbia, Canada)
In what cases have the courts restrained a lawyer from acting where the lawyer has previously acted jointly for another lawyer? (British Columbia, Canada)
What is the test for a court to order custody of a child where there is no prior order for permanent custody? (British Columbia, Canada)
