What is Nejat's professional misconduct?

British Columbia, Canada


The following excerpt is from Mckinley (Re), 2019 LSBC 20 (CanLII):

Nejat was referred to with approval in Law Society of BC v. Albas, 2016 LSBC 18. The panel found the lawyer to have committed professional misconduct for misleading opposing counsel and commented at paras. 111 and 116: The Respondent’s … failure to advise the court and opposing counsel of the results of the company search and the non-receipt of the deposit are all breaches of his duty of candour and good faith to the court and opposing counsel and constitute professional misconduct. The information withheld had the potential for either the court to reach a different decision or for other counsel to change their positions. The Respondent deliberately left the court and other counsel with only part of the complete picture. … Counsel should be able to rely on assertions of other counsel without the need for suspicious reassessments. The duty of candour advances a common professional interest in fair and even dealings. Such conduct of the Respondent constitutes professional misconduct … . It reveals a deliberate failure to candidly inform the other counsel involved of matters of fact that could affect their decisions, deliberations and conduct.

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