Citation issued: October 5, 2021
Nickolaus Harold MacDonald Weiser
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 approximately March 19, 2021 and March 24, 2021, you engaged in the practice of law while suspended, contrary to section 15 of the Legal Profession Act or rule 7.1-1 of the Code of Professional Conduct for British Columbia, or both, by doing one or more of the following:
(a) meeting or giving legal advice to your clients with respect to one or both client matters #62841 and #62855;
(b) representing, or allowing your staff to represent, that you were qualified to or entitled to practice law in connection with client matters #62841, #62855 and #62890;
(c) drafting a will in connection with client matter #62855;
(d) drafting documents related to the purchase of real property intended to be used or registered, recorded or filed in the Land Title Office in connection with client matter #62890;
(e) drafting documents related to an assignment of a sublease of real property intended to be used or registered, recorded or filed in the Indian Lands Registry System in connection with client matter #62841;
(f) commissioning a Proof of Execution by Corporation in connection with client matter #62841;
(g) performing work or supervising your staff performing work on client matters #62841, #62855 and #62890; and
(h) issuing some or all of trust cheques #11491, #11493, #11494, #11495 and #11497.
This conduct constitutes professional misconduct or a breach of the Act or rules, contrary to section 38(4) of the Legal Profession Act.
2. Between approximately August 2020 and March 2021, you failed to cooperate in the Law Society of British Columbia’s investigation of complaint file number CO20200327, contrary to one or more of Rules 3-5(7), and 3-5(11) of the Law Society Rules, and rule 7.1-1 of the Code of Professional Conduct for British Columbia, by doing one or both of the following:
(a) failing to respond fully and substantively to some or all of correspondence and telephone calls dated August 4, 2020, September 8, 2020, September 18, 2020, and September 21, 2020; and
(b) failing to respond fully and substantively to some or all of correspondence and telephone calls dated February 18, 2021, February 25, 2021, March 3, 2021, March 5, 2021, March 8, 2021, March 17, 2021, March 19, 2021, and March 22, 2021.
This conduct constitutes professional misconduct or a breach of the Act or rules, pursuant to s. 38(4) of the Legal Profession Act.
3. Between approximately April 2021 and May 2021, you failed to cooperate in the Law Society of British Columbia’s investigation of complaint file number CO20210298, contrary to one or more of Rules 3-5(7), and 3-5(11) of the Law Society Rules, and rule 7.1-1 of the Code of Professional Conduct for British Columbia, by failing to respond fully and substantively to some or all of correspondence and telephone calls dated April 12, 2021, April 23, 2021, April 26, 2021, and May 5, 2021.
This conduct constitutes professional misconduct or a breach of the Act or rules, pursuant to s. 38(4) of the Legal Profession Act.