Citation issued: November 1, 2019
Thomas Paul Harding
Citations are authorized by the Law Society of BC's Discipline Committee and list allegations against a lawyer that will be considered at a discipline hearing. Please note that allegations in a citation are unproven until a discipline hearing panel has determined their validity.
Nature of conduct to be inquired into:
1. On or about March 1, 2019, in the course of representing a plaintiff in a personal injury matter, you made the following statements about opposing counsel in email correspondence to, or copied to, the ICBC adjuster managing the file, when you knew or ought to have known that the statements were untrue or unfounded and/or when the statements were discourteous or uncivil, contrary to one or more of rules 2.1-4(a), 2.2-1, 7.2-1 and 7.2-4 of the Code of Professional Conduct for British Columbia:
(a) "[Opposing counsel] agreed to pay my bill of costs as presented. Then he broke his word. … If I cannot rely on [his] word as an officer of the court then I will do my best to make the registrar enforce it.”
(b) “[Opposing counsel] is walking into a buzz saw. Having given his word, he binds ICBC. Breach of his promise is a pretty serious matter.”
(c) “Really? [Opposing counsel’s] ‘clear recollection’ is the reason my firm will not deal with [him] by telephone, or in person except in a courtroom with the DARS running.”
This conduct constitutes professional misconduct, pursuant to section 38(4) of the Legal Profession Act.