Canadian Lawyer

August 2010

The most widely read magazine for Canadian lawyers

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regional wrap-up LAWYER SUSPENDED PENDING INVESTIGATION A Victoria lawyer, convicted of two criminal offences but who is appealing, has agreed to suspend his practice after the Law Society of British Columbia indicated it planned to use a new rule allowing it to suspend practices prior to a disciplinary citation issuance. Rule 3-7.1 is a new tool that can be used in extraordinary circumstances where there is public concern regarding a law- yer, says LSBC's director of investigations Stuart Cameron. If three or more bench- ers sitting in a proceeding are satisfied that extraordinary action is justified, they can suspend or impose conditions on the lawyer or his or her practice to protect the public until a citation is issued. Malcolm Hassan Zoraik, 47, was found guilty in Victoria provincial court on June 14 of public mischief and fabricating evi- dence in relation to a judicial proceeding. Cameron, who could not comment on the LSBC's hearing and disciplinary process, says the LSBC considered these kinds of charges very serious and therefore the new rule was evoked. Zoraik penned a fictitious and anony- mous letter that alleged jury tampering and dropped it off at the Victoria registry on May 6, 2009, after he lost a personal injury case involving a 21-year-old cli- ent, provincial court Judge Adrian Brooks found. The letter alleged one of the jury members had been offered money by an insurance company "for her vote" in the court. A subsequent police investigation found the allegations were unfounded. The provincial court judge said it was obvious such a letter, if authentic, would effectively reverse the jury's decision. Cameron says the LSBC first became aware of the charges in July 2009 when advised by the B.C. attorney general's office that Zoraik had been charged with the offences and an investigation file was opened on the Victoria lawyer. After he was convicted in provincial court, the LSBC advised Zoraik's lawyer that it planned to convene a meeting with Zoraik on June 16. Cameron said during the meeting, where Zoraik was informed the society planned to evoke the new rule, the lawyer agreed to step away from his practice. Zoraik will be sentenced Sept. 7, how- ever, his lawyer Peter Firestone said he would appeal the conviction. Cameron said the LSBC investigation would also hinge upon the appeal outcome. The law society has arranged for Victoria lawyer Brock Emberton to man- age Zoraik's practice to ensure clients have continuous access to the legal services they require. — JS PROFESSIONAL DIRECTORY ntitled-5 1 Supreme Court of Canada Counsel and Agency Services Henry S. Brown, QC Graham Ragan Guy Regimbald Brian A. Crane, QC Martin W. Mason Eduard J. Van Bemmel, Law Clerk 4/6/09 4:20:13 PM 160 Elgin StreetSuite 2600OttawaOntarioK1P 1C3T 613-233-1781 montréalottawakanatatorontohamiltonwaterloo regioncalgaryvancouvermoscowlondon www. C ANADIAN Law ye rmag.com A UGUST 2010 13 ntitled-4 1 4/19/10 2:05:16 PM

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