B.C. lawyer Hong Guo disbarred a 2nd time for being 'ungovernable'
A Richmond lawyer who has been at the centre of Law Society of B.C. discipline proceedings for years has been disbarred for a second time.
Hong Guo was deemed "ungovernable" and disbarred last year, with a panel of the law society tribunal citing her lengthy disciplinary history and failure to co-operate with regulators.
"The respondent has sought a review of that decision," reads a new discipline decision issued last week and published online Tuesday.
"As a result, the law society, consistent with past practice, has decided to proceed with this hearing to obtain a second declaration."
The latest decision stems from five allegations of misconduct the law society made against Guo in a citation issued in October 2020.
The panel concluded in July 2023 that those allegations – specifically that Guo had "acted in a conflict of interest," "acted contrary to the trust accounting rules," "permitted her trust account to be misused," "made false or misleading statements to the law society," and "failed to respond to the law society" – had been proven.
In its decision on sanctions in the case, the panel considered not only the specifics of the misconduct itself, but also Guo's "extensive professional conduct record," which dates back to 2012.
A central incident in that record is the theft of $7.5 million in client trust funds by Guo's former bookkeeper in 2016.
The law society has consistently held in discipline decisions involving Guo that she "facilitated" that theft by failing to adequately supervise her employee, failing to fully comply with the society's trust accounting rules and leaving signed blank cheques in her bookkeeper's care.
In her own version of events, published on the Clearway Law website last year, Guo claims that the law society "publicly accused" her of participating in the theft and funnelling the funds to an offshore account.
She says she did no such thing, and notes that she spent several years tracking down and prosecuting the perpetrators of the theft in China. She also says she went to great lengths to ensure that the $7.5 million shortfall was covered and no client lost their funds as a result of the theft.
Guo claims that the law society "misrepresented and distorted the facts" and has harmed her mental health with their "prolonged persecution" of her.
The law society's latest decision makes no accusation that Guo kept the funds, nor does it claim that clients were not made whole after the theft. Rather, it reiterates that Guo did not follow the law society's rules and notes that she has repeatedly failed to acknowledge her role in allowing the theft to take place.
"In the respondent’s direct evidence at the facts and determination hearing in this matter, she described at great length the details of the theft, her efforts to seek justice in China against the bookkeeper and his accomplice, and the efforts she made to ensure her clients were not harmed," the decision reads.
"She repeated the same story during her submissions in this hearing. At no time did she refer to the fact that she had facilitated the theft. Nor did she acknowledge that her efforts to avoid loss for her clients involved misappropriation from other clients, breach of an undertaking given to the law society and breach of a (law society rule) 3-10 order."
Guo's continued refusal to acknowledge her past misconduct, along with the panel's findings on the five allegations that led to the latest decision, prompted the panel to once again declare her "ungovernable."
"The fact that she can not be trusted to be truthful, accurate and responsive, and that she shows no insight which would enable her to rehabilitate herself makes her ungovernable," the decision reads.
"The totality of the numerous findings made against her for conduct spanning more than a decade show that she cannot be trusted to comply with her obligations as a lawyer in the future."
Disbarment is the "necessary" consequence for any lawyer found to be ungovernable, according to the panel's decision.
The panel also considered the misconduct itself, separate from the question of ungovernability, and determined that – in light of Guo's professional conduct record and the seriousness of her misconduct – the appropriate consequence would be disbarment even if she were not found ungovernable.
"The public interest requires that the respondent not be permitted to practice law," the decision reads.
In addition to its finding of ungovernability and its order that Guo be disbarred for a second time, the panel also ordered her to pay the law society $45,497.95 for the cost of the hearing.
CTVNews.ca Top Stories
Air Canada walks back new seat selection policy change after backlash
Air Canada has paused a new seat selection fee for travellers booked on the lowest fares just days after implementing it.
Province boots mayor and council in small northern Ont. town out of office
An ongoing municipal strike, court battles and revolt by half of council has prompted the province to oust the mayor and council in Black River-Matheson.
3 law officers serving warrant are killed, 5 wounded in shootout at North Carolina home, police say
Three officers on a U.S. Marshals Task Force serving a warrant for a felon wanted for possessing a firearm were killed and five other officers were wounded in a shootout Monday at a North Carolina home, police said.
'Shocked and concerned': Calgary principal charged with possession of child pornography
A Calgary elementary school principal has been charged with possession of child pornography, authorities announced Monday.
Health authority confirms cockroaches at B.C. hospital, insists they 'do not bite'
The Vancouver Island Health Authority is downplaying what staff describe as a cockroach infestation in a medical unit of Saanich Peninsula Hospital.
Toronto police arrest 12 people, lay 102 charges in major credit card fraud scheme
Toronto police say 12 people are facing a combined 102 charges in connection with an investigation into a major credit fraud scheme.
Winner of US$1.3 billion Powerball jackpot is an immigrant from Laos who has cancer
One of the winners of a historic US$1.3 billion Powerball jackpot last month is an immigrant from Laos who has had cancer for eight years and had his latest chemotherapy treatment last week.
Britney and Jamie Spears settlement avoids long, potentially ugly and revealing trial
Britney Spears and her father Jamie Spears will avoid what could have been a long, ugly and revealing trial with a settlement of the lingering issues in the court conservatorship that controlled her life and financial decisions for nearly 14 years.
WATCH 'Double whammy': What happens if you don't file your taxes by the deadline
The clock is ticking ahead of the deadline to file a 2023 income tax return. A personal finance expert explains why you should get them done -- even if you owe more than you can pay.