Edward Choi

The Law Society alleged that the respondent lawyer failed to comply with a previous Tribunal order and the Guidelines for suspended lawyers by failing to provide a compliance report.

The lawyer admitted the misconduct.

The Tribunal accepted a joint submission for a one-month suspension and $3,889 in costs.

The Tribunal rejected the lawyer's request to apply the suspension retroactively, finding that the current misconduct was separate from the conduct that led to his existing suspension.

The one-month suspension was ordered to be served prospectively, and the lawyer was granted 12 months to pay the costs.

The Law Society brought a motion for an interlocutory order suspending or restricting the respondent lawyer's licence pending a conduct application.

The underlying application alleged the lawyer failed to respect human rights laws regarding a former employee and engaged in abusive communications and inappropriate social media postings.

The Tribunal found no evidence of current harm or significant risk of harm to the public or the administration of justice, noting that the passage of time had addressed previous concerns.

The motion was dismissed for lack of statutory authority under section 49.27(2) of the Law Society Act.

The Law Society alleged that the respondent lawyer engaged in professional misconduct by failing to be on guard against being the dupe of an unscrupulous client and by using his trust account for purposes unrelated to the provision of legal services.

The respondent fell victim to a fraud involving the fictitious sale of farm equipment and a fake cashier's cheque, resulting in a significant trust shortfall.

The Tribunal found both allegations established, noting that the respondent negligently ignored numerous red flags and that an honest but mistaken belief in the transaction's legitimacy is not a defence to the improper use of a trust account.