Can a lawyer who negotiated a finder’s agreement with third parties be found guilty of professional misconduct?
British Columbia, Canada
The following excerpt is from Albas (Re), 2016 LSBC 18 (CanLII):
In Law Society of BC v. O’Neill, 2013 LSBC 23 (CanLII), the lawyer admitted that he negotiated an amended and restated finder’s agreement between his client and third parties when he had a direct financial interest in the agreement. The lawyer also admitted that that conduct was a conflict of interest that constituted professional misconduct. The hearing panel accepted the admission and concluded that the Respondent had been guilty of professional misconduct. We find, in light of the evidence and admissions, that the Respondent is has committed the professional misconduct alleged in paragraphs 2 and 4 of the Citation.
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