Citation issued: December 13, 2021
William Carey Linde
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 May 15, 2021, in the course of representing CD in a family matter, you provided information about a person’s gender identity, physical and mental health, and mental health status or treatments, to an American media outlet during a recorded interview, when you knew or ought to have known that one or more of the terms of CD’s Release Order of April 30, 2021 prohibited CD, either directly or indirectly through a third party, from transmitting such information, contrary to one or more of rules 2.1, 2.1-1(a), 2.2-1 and 7.5-1 of the Code of Professional Conduct for British Columbia.
This conduct constitutes professional misconduct, pursuant to s. 38(4) of the Legal Profession Act.
2. On or about May 15, 2021, in the course of representing CD in a family matter, you gave a recorded interview to an American media outlet about a person’s medical and personal information without making your participation in the interview conditional on the interviewer’s agreement to adhere to the applicable publication bans and anonymity orders, when you knew or ought to have known that:
(a) the Court had, in related proceedings, clarified that a person speaking about the case had an obligation to ensure that their audience was aware of both the existence of the publication bans and anonymity orders, and their obligation not to breach same; and/or
(b) approximately one month before the interview, Mr. Justice Tammen, in sentencing CD for criminal contempt following his conduct in breaching the publication bans and anonymity orders, found it an aggravating factor that CD targeted American media outlets for the purpose of speaking about the case, contrary to one or more of rules 2.1, 2.1-1(a), 2.2-1 and 7.5-1 of the Code of Professional Conduct for British Columbia.
This conduct constitutes professional misconduct, pursuant to s. 38(4) of the Legal Profession Act.