Citation issued: June 7, 2018
Donald Roy McLeod
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. Between September 2015 and March 2016, in the course of representing your client SM in a family law matter, you failed to discharge your professional obligations as an officer of the court by:
(a) misstating facts in court and/or failing to correct the record regarding the start date and end date of a pension division, contrary to one or more of rules 2.1-2(a), 2.1-2(c), 2.2-1, and 5.1-1 of the Code of Professional Conduct for British Columbia ("the BC Code");
(b) abusing the court’s process by instituting a contempt application and a recusal application when you knew or ought to have known that the applications were unfounded, premature, and/or without merit, contrary to one or more of rules 2.2-1, 5.1-1, 5.1-2(a), and 5.1-2(b) of the BC Code; and
(c) drafting and relying on an affidavit of your staff which materially misrepresented the position of the pension plan, and the position of opposing counsel, regarding the requirement of a copy of the opposing party’s birth certificate, contrary to one or more of rules 2.1-2(a), 2.1-2(c), 2.2-1, 5.1-1, and 5.1-2(e) of the BC Code.
This conduct constitutes professional misconduct, pursuant to s. 38(4) of the Legal Profession Act.
2. Between September 2015 and March 2016, in the course of representing your client SM in a family law matter, you failed to discharge your professional obligations to opposing counsel by:
(a) instituting a contempt application against opposing counsel personally, and a recusal application, when you knew or ought to have known that the applications were unfounded, premature, and/or without merit, contrary to rules 2.1-4(a), 2.2-1, and 7.2-1 of the Code of Professional Conduct for British Columbia ("the BC Code"); and
(b) communicating with opposing counsel in a discourteous manner, contrary to one or more of rules 2.1-4(a), 5.1-5, 7.2-1, and 7.2-4 of the BC Code.
This conduct constitutes professional misconduct, pursuant to s. 38(4) of the Legal Profession Act.