In what circumstances will the Law Society of BC accept a conditional admission of professional misconduct in circumstances where a lawyer commenced an intimate personal relationship with a man?

In Law Society of BC v. Jenab, 2006 LSBC 30, a hearing panel accepted a conditional admission of professional misconduct in circumstances where a lawyer commenced an intimate personal relationship with a man when she was performing legal services for both him, his wife and a number of companies controlled by them. The lawyer acted without appreciating the conflict her intimate relationship posed for the duties owed to her clients.

In a motion to remove the respondent’s lawyer in Kam v. Hermanstyne, 2011 ONCJ 101, 1 RFL (7th) 494, the judge commented on the “near-impossible” conflict an intimate relationship with a client poses for a lawyer who is engaged as counsel in family law proceedings. The application was granted and the lawyer was removed from the record. Spence J. stated at paragraph 17: On the other hand, her professional standards of conduct necessitate that she act in a way that does not adversely affect her judgment in her role as counsel to her client. She must try to maintain her objectivity while, at the same time, being inextricably emotionally intertwined with the respondent and the outcome that the respondent is attempting to achieve in this case. In my view, this is a near-impossible tension to resolve.