Is there a breach of trust for a lawyer who misappropriates client funds from an employer?
British Columbia, Canada
The following excerpt is from Gounden (Re), 2021 LSBC 7 (CanLII):
In the instances of both misappropriating client funds and misappropriating funds from an employer, there is a breach of trust to a person or party to whom a lawyer owes duty of honesty and loyalty: Law Society of BC v. Kaminski, 2018 LSBC 14 at para. 52.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a lawyer who withdrew funds from a trust to pay his client and his fees prior to the conclusion of an agreement or the obtaining of a court order in breach of an undertaking? (British Columbia, Canada)
Can a lawyer be found guilty of professional misconduct for failing to disclose that he no longer holds funds in trust for his clients? (British Columbia, Canada)
If an employer loses trust in an employee as a result of an employer's orders, in the matter of substance being willfully disobeyed and met with insubordination, can an employer dismiss the employee? (British Columbia, Canada)
What is the law society of BC's position that handling trust funds is one of the most serious responsibilities a lawyer owes a client? (British Columbia, Canada)
What is a lawyer’s duty to maintain a trust account for a client who has had his own funds frozen by a court or tribunal? (British Columbia, Canada)
What is the quantum of misconduct of a lawyer who misappropriated client funds? (British Columbia, Canada)
Is a lawyer who failed to communicate to his clients about his legal fees to their clients by email a breach of fiduciary obligations? (British Columbia, Canada)
What is the most serious misconduct of a lawyer who misappropriates client funds? (British Columbia, Canada)
How have the courts interpreted the doctrine of fiduciary trust in the context of an alleged breach of trust? (British Columbia, Canada)
What are the consequences of misappropriation of client funds? (British Columbia, Canada)
