Can a lawyer who alters an exhibit to an affidavit after it is sworn be found guilty of professional misconduct?
British Columbia, Canada
The following excerpt is from Kim (Re), 2019 LSBC 43 (CanLII):
In Law Society of BC v. Nielsen, 2007 LSBC 35, the respondent admitted, and the hearing panel found, that he committed professional misconduct by altering an exhibit to his client’s affidavit after it was sworn and by later filing the altered affidavit in court — all without his client’s knowledge or consent. The respondent explained that he thought he was correcting a problem by making the exhibit consistent with the affidavit. He did not make the changes with any intention to mislead the court or for any personal gain.
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