Can a lawyer obtain a desk order for divorce from the opposing counsel?

British Columbia, Canada


The following excerpt is from Mcleod (Re), 2019 LSBC 33 (CanLII):

In Law Society of BC v. Barron, [1997] LSDD No. 141, the hearing panel determined that the respondent lawyer had engaged in sharp practice in obtaining a divorce on the basis that proceedings were undefended when he knew that the opposing party was represented by counsel. The matrimonial proceedings had been commenced less than a year before he obtained the desk order, during which time the respondent lawyer had clear and regular communication with the opposing party’s counsel. The panel found that there was significant prejudice in the order obtained, as it involved the continuation of a custody order of a child that the opposing party sought to vary, and the respondent lawyer refused to have the order immediately set aside when requested.

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