What are the consequences of misappropriation of client funds?

British Columbia, Canada


The following excerpt is from Law Society of British Columbia v Guo, 2021 LSBC 43 (CanLII):

In Law Society of BC v. Lebedovich, 2018 LSBC 17, at para. 24, the panel noted that “… misappropriation … is the most serious misconduct a lawyer can commit.” Similarly, in Law Society of BC v. Tak, 2014 LSBC 57, at para. 35, the panel explained that: … Wrongly taking clients’ money is the plainest form of betrayal of a client’s trust and is a complete erosion of the trust required for a functional solicitor-client relationship. The public is entitled to expect that the severity of the consequences reflect the gravity of the wrong. In the absence of multiple, significant mitigating factors, public confidence in the profession and its ability to regulate itself would be severely compromised if anything short of disbarment is ordered for misappropriation of client funds.

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