The preparation and swearing of affidavits on behalf of clients was discussed and dealt with in Law Society of BC v. Foo, [1997] LSDD No. 197. The preparation and commissioning of an affidavit containing a statement known by the respondent to be false and stating that a document was attached to an affidavit when that document was not yet in existence, was found to constitute professional misconduct. The panel observed: This matter of members of the Law Society causing documents which would be relied upon by other litigants and Courts, to be filed, is a very serious matter where the member permits this to be done knowing that the documents filed either contain errors or contain falsehoods. Next to defalcation of trust funds by a lawyer, knowingly taking a false affidavit is about as serious a breach of professional conduct as can occur.
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