What constitutes misappropriation of funds by a lawyer?

The improper or unauthorized taking of funds by a lawyer from his or her employer constitutes misappropriation. In Law Society of BC v. Hainer, 2007 LSBC 48, the panel found that the respondent misappropriated funds from her employer when she failed to remit funds received from clients on account of services provided by the law firm. In Schauble, the panel held that the respondent knowingly and intentionally misappropriated funds in keeping fees from files for himself rather than splitting the fees with his firm, when he did not honestly believe that he was entitled to keep the fees for himself.