Disbarred ‘ungovernable’ Kamloops lawyer on the hook for another $6,700

A veteran Kamloops lawyer disbarred for being “ungovernable” is on the hook for $6,700 even though he lost his licence more than a year ago.

Nickolaus Harold Macdonald Weiser had been suspended more than a dozen times before finally being disbarred in March 2024.

However, according to a May 26 BC Law Society decision, just because he’s no longer licenced doesn’t mean they won’t go after him.

“Former members cannot avoid discipline by simply ceasing their membership and avoiding the consequences of their misconduct,” the Law Society said in the decision.

The decision didn’t give the specifics of what Weiser did but said he failed to comply with an order within 14 days.

The Law Society said his behaviour was “cavalier” and “illustrated culpable neglect” for his duties as a lawyer.

He offered no explanation for not adhering to the order and did not take part in the hearing.

“There is some indication of mental health concerns, but no evidence submitted to explain the delay,” the decision read. “The harm caused by (Weiser’s) misconduct is to the Law Society as the regulator. Non-compliance with an order of the regulator is not acceptable. It undermines the authority of the regulator, which in turn undermines the public’s confidence in the legal profession.”

Weiser began practicing in 1984, and was previously found to have used his trust account to disguise money coming in from an unlicensed cannabis business.

In the last few years, he’s been the subject of numerous BC Law Society investigations and has been ordered to pay roughly $50,000 in costs to the Law Society.

He let his membership expire in 2023 but was officially disbarred for being ungovernable months later.

Over the years the Law Society has suspended Weiser on numerous occasions and then penalized him for working while suspended.

The Law Society once accused him of breaking into his own office and taking equipment during a suspension.

While he’s no longer allowed to practice, the BC Law Society wanted to disbar him again as punishment for failing to adhere to its order.

While any penalty is moot, the Law Society’s disciplinary panel found a 45-day suspension would be appropriate.

“It will meet the goals of general and specific deterrence as it will give notice to the legal profession of the significant sanction that will be imposed if lawyers do not comply with orders of their Regulator on a timely basis,” the decision read.

The Law Society also ordered Weiser to pay it $6,717 in costs.