What factors will be considered by a Law Society of BC disciplinary panel in determining the appropriate disciplinary action?

The decision in Law Society of BC v. Ogilvie, [1999] LSBC 17 sets out a non-exhaustive list of factors that may be considered by a hearing panel in determining the appropriate disciplinary action. They need not be repeated here.

A breach of undertaking is considered a serious form of misconduct. In Law Society of BC v. Lee, [2002] LSBC 29, the hearing panel commented that (para. 21): Undertakings ensure that members of the public, may, through their counsel or otherwise, freely surrender control over their affairs to an adversary, confident in the knowledge that the lawyer who has assumed the obligation will keep his or her promise. The beneficiary of an undertaking is entitled to require strict compliance with the terms imposed, and it is no answer to such a person that the lawyer forgot, misunderstood or otherwise failed to comply.