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A Kamloops lawyer has been disbarred from practicing law in B.C. after multiple suspensions over the past three years.
Former Kamloops lawyer Nickolaus Harold MacDonald Weiser was disbarred in B.C. after being found ungovernable by a tribunal hearing panel, the Law Society of B.C. announced in a press release.
The hearing panel found Weiser guilty of professional misconduct in relation to all six allegations in his citation. He is also ordered to pay $16,668 in costs.
Those misconducts include using a trust account for personal financial benefit and in the absence of substantial legal services, breaches of trust accounting rules, acting in multiple conflicts of interest, making false or misleading representations to the Law Society and failing to cooperate with the Law Society throughout this disciplinary process.
According to the panel report, Weiser used the trust account in 2019 to receive and disburse about $198,000 of his own funds. He also used the trust to receive funds paid to him personally from the proceeds of a cannabis business, which he knew was not licensed and would disguise the source of those funds.
The report also said he failed to maintain a required minimum of general account records and acted in conflicts of interest by representing both parties in loan transactions.
The panel found that Weiser misled an investigation into his conduct for more than a year to conceal the misuse of the trust account.
“He set out to document a fabricated narrative about legitimate loans in order to prevent the Law Society learning about or investigating the misconduct,” the report stated.
In doing this, Weiser falsified several loan documents by signing off on one party’s behalf without their knowledge.
In disbarring Weiser, the hearing panel considered his lengthy professional conduct record demonstrating a repetitive failure to respond to Law Society communications and a pattern of disregarding mandatory conflict rules.
From 2021 to 2022 Weiser was administratively suspended several times and in July 2023, a hearing panel ordered a three-month suspension for practising while suspended and failing to cooperate with another Law Society investigation.
The panel found Weiser showed a continuous pattern of disregard of his professional obligations to the public and the legal profession.
