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BC lawyer disbarred, ordered to pay $49K for 'misconduct'

A former Victoria Lawyer has been disbarred for misappropriating trust funds and misleading clients, a lawyer and the Law Society, says a release.

On Mar. 22, the Law Society of British Columbia said that Lindsay Adam Christopher Ross reportedly misappropriated $100,000 of his client’s funds by depositing the funds to his general account.

According to the disciplinary summary, the Law Society Tribunal panel found that Ross reportedly used the money to close a transaction for another client.

The Law Society says he also repeatedly made false and misleading claims to clients and other parties.

“In addition, Ross acted in a conflict of interest when he represented his wife, his cousin and her spouse in the purchase and sale of multiple properties, inappropriately invested his clients’ funds in a project that he and his wife had a personal interest in, and distributed the sales proceeds entirely to his wife when he knew the proceeds were not enough to pay the other parties their share,” the summary says.

<who> Photo Credit: 123rf

The panel found Ross’ misconduct was “committed for his own personal financial benefit.”

The three-member panel considered Ross’ position as a senior lawyer to be an aggravating factor in their decision.

He became a member of the Law Society in 1989 but was suspended from practice in July 2020 and became a former member of the Society in January 2021.

“The Law Society has the authority and responsibility to investigate and pursue the disciplinary process through to the disciplinary action phase even where a lawyer has ceased to be a member of the Law Society,” the disciplinary notice says.

“This is to assure the public and the profession that the consequences of misconduct cannot be avoided simply by resigning from the Law Society.”

According to the summary, the panel says Ross is experienced in complex commercial transactions but he “used his expertise and his clients’ trust to mislead them.”

The tribunal also looked at his professional conduct record, which shows “serious lapses” of responsibility regarding trust accounting process and a lack of respect for other lawyers and the courts, the summary says.

Ross was ordered to pay $49,075 in costs.



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