Kelowna lawyer fined $20K for professional misconduct

A Kelowna lawyer that misused his trust account for personal purposes, accepted $60,000 as gifts from clients, and acted in a conflict of interest in one case, has been fined $20,000 by the regulator.

Kelowna lawyer Gregg Anthony Alfonso will also have to pay $3,500 in fees to the Law Society of B.C. to cover the costs of its investigation.

According to a Sept. 15 Law Society of B.C. decision, Alfonso treated the trust account as his own personal deposit account.

"This conduct is entirely contrary to the requirement that trust accounts only be used for transactions related to the provision of legal services," the Law Society ruled.

The Law Society said Alfonso is a senior lawyer who has been practicing for more than 30 years and should have been well aware of his professional obligations.

According to the decision, the Law Society found Alfonso had committed eight acts of professional misconduct dating back to 2016.

In September 2016 Alfonso accepted a gift of $30,000 from the proceeds of a sale from a client, without giving them legal advice.

In B.C., lawyers aren't allowed to accept gifts that are more than "nominal" unless the client has received legal advice.

"The (Law Society) considers that it is self-evident that a gift of $30,000 cannot be characterized as 'nominal,'" the decision reads.

On another occasion, Alfonso accepted another gift of $30,000 from another client.

The Law Society also found that in 2019 Alfonso acted in a conflict of interest when he prepared a promissory note regarding a loan in the amount of $10,000 between two clients.

"There is no suggestion that (Alfonso), at any time, considered his obligation to avoid conflicts," the Law Society ruled.

In another instance, the lawyer failed to correctly verify the identity of two clients while dealing with a real estate transaction.

The Law Society said while it accepted that there were no money laundering concerns or allegations of misappropriation in this incident, Alfonso had neglected to follow the strict rules surrounding real estate transactions.

READ MORE: Vernon lawyer accused of 'misappropriating' $11K from senior client

The Law Society said that Alfonso's conduct revealed a "pattern of lack of attention and care," and the "inadequate awareness" and commitment to his professional obligations.

The Law Society said it was troubling that the pattern of behaviour had taken place following an earlier conduct review in 2016.

"Despite (Alfonso's) assurances that greater care would be paid to professional responsibilities in the future," the decision reads.

"While (Alfonso’s) conduct did not appear to cause actual harm to his clients, conduct of this nature has the effect of diminishing the reputation of the legal profession as a whole," the Law Society said.

Ultimately, Alfonso was fined $20,000 plus $3,500 in fees. He has 60 days to pay.

READ MORE: Kelowna lawyer that misappropriated $100,000 suspended

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