Can a lawyer be cited for failing to respond to communication from staff at an insurance company?
British Columbia, Canada
The following excerpt is from Tak (Re), 2014 LSBC 27 (CanLII):
In Law Society of BC v. Smith, 2005 LSBC 27, a lawyer was cited for having failed to respond to communication from staff at an insurance company in respect to a client matter. The panel concluded that this conduct constituted professional misconduct and stated as follows: The Panel emphasizes that the duty for all members to respond promptly is a duty that is owed not only to fellow members and to the Law Society but also to lay persons with whom the member may be dealing with in course of acting for a client.
In Law Society of BC v. Goddard, 2007 LSBC 46, the respondent lawyer was found to have committed professional misconduct in 14 different instances, including three different instances of failing to respond to another lawyer. At paragraphs 24 and 25 the panel commented:
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