B.C. lawyer faces 6th suspension of his 36-year career for working while under a ban

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A B.C. lawyer is facing a three-month suspension and a hefty fine over his failure to comply with a previous ban on his practice.

In a recent hearing decision, the Law Society of B.C.'s tribunal found that Nickolaus Harold MacDonald Weiser blatantly disregarded a restriction on his practice in March 2021, describing his actions as “misconduct of a most serious nature.”

The tribunal says Weiser admitted to providing various legal services and supervising staff in order to complete “time-sensitive work” during a five-day period when he was banned from practising law. The work was related to a lease agreement, a property conveyance and the drawing and execution of a will, according to the decision.

Over the course of his March 2021 suspension, Weiser also admitted to issuing three trust cheques. In his defense, Weiser reasoned he was working to avoid harm or loss to his clients.

“(Weiser’s) conduct conveyed a lack of concern for his professional obligations and respect for the Law Society’s regulatory role,” wrote the hearing panel.

The decision also details Weiser’s professional conduct record (PCR), which includes a “pattern of ignoring requests” from the Law Society dating back to April 2018.

During two separate investigations over the course of roughly 10 months, Weiser failed to provide “complete and timely responses” to the Law Society.

His lack of compliance resulted in five administrative suspensions over a 15-month period in 2021 and 2022.

Weiser told the hearing panel that he was unaware of the level of his misconduct and the concerns it had raised, in part due to a lack of access to encrypted communications from the law society.

“There is no evidence before the panel to substantiate this claim as evidence of mitigation,” reads the decision.

Starting Sept. 25, Weiser will be suspended again—this time for three months.

“A strong message must be sent to the profession and to the public that this conduct will not be tolerated,” explained the panel.

The Kamloops lawyer has worked in the profession for 36 years, according to the decision.

Weiser has also been ordered to pay the Law Society $11,384.38 to cover the bill of costs and the court reporter fees.