Can a breach of the No Cash Rule constitute professional misconduct?
British Columbia, Canada
The following excerpt is from Lyons (Re), 2008 LSBC 9 (CanLII):
The fact that there are no precedents for a finding that a breach of the “No Cash Rule” constitutes professional misconduct does not restrict this Panel. Such a finding can be made in a wide variety of circumstances. Whether conduct deserves discipline is a factual question to be decided by the member’s professional peers. “What may, in each particular circumstance, constitute professional misconduct ought not to be unduly restricted.” Stevens v. Law Society (Upper Canada) (1979), 55.O.R. (2d) 405 (Div. Ct.) at 410.
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