Disbarred B.C. lawyer took client's $18,200 settlement before ceasing all communication: law society
A former B.C. lawyer who was disbarred for misappropriating client funds was found to have taken an additional $18,200 from an additional client who was paid that money as a settlement for being injured in a car crash.
A recent decision from the disciplinary tribunal of the Law Society of B.C. lays out the details of two additional counts of misconduct committed by Rene Joan Gantzert – who has not communicated with the regulatory body since he resigned as a member in 2020.
In 2016, according to the decision, Gantzert was retained to represent a client in a personal injury case. The agreement entitled Gantzert to a contingency fee equivalent to between 20 and 30 per cent of any settlement.
During a phone call in June of 2017, Gantzert told her a settlement would be reached that day – which it was.
But the client never heard from her lawyer again.
ICBC wrote a cheque for $18,200 to the lawyer, sending it along with a release the client was supposed to sign. The money was deposited into Gantzert’s trust account but the release was never signed or returned.
“None of the settlement funds were given to (the client), and (Gantzert) did not account to (the client) at any time of the status or use of the settlement funds,” the decision says.
Subsequent phone calls the client made to Gantzert went unreturned, and she contacted the law society in 2023 – which is when she learned about the payment for the first time.
By then, Gantzert had “depleted” his trust account completely, withdrawing all the funds including the settlement money.
“Trust funds are sacrosanct. The proper handling of trust funds is a core function of a lawyer’s fiduciary duty to the client. Wrongfully taking trust funds damages the client and has a seriously deleterious impact on the legal profession’s reputation,” the decision said.
The tribunal’s hearing panel found that Gantzert “without any doubt” committed professional misconduct when he misappropriated the funds.
“Lawyers cannot take settlement funds belonging to their clients,” the decision said.
Gantzert was also found to have committed misconduct by failing to communicate with his client, leaving her “completely in the dark.”
Gantzert did not participate in the hearing at all.
When Gantzert was disbarred, it was for misappropriating $62,521.58 that was paid as a settlement to a “vulnerable client” after a motor vehicle accident, according to a 2023 decision.
By that point, it had been roughly three years since he resigned his membership and ceased all communication with the law society. The 2023 decision notes attempts to contact Gantzert included representatives of the law society going to his home on “numerous occasions,” phone calls, emails, and “indirect” attempts via colleagues.
CTVNews.ca Top Stories
LIVE UPDATES Tracking Hurricane Milton: Storm becomes world's strongest of 2024
After reaching peak intensity with wind speeds of 180 m.p.h. (285 km/h) on Monday night, Milton became the strongest storm on our planet for 2024.
Hurricane Milton expected to hit Florida cities like Tampa, Orlando and Daytona Beach
Hurricane Milton is expected to leave a path of devastation across central Florida, from Tampa in the west to Daytona Beach in the east.
Meteorologist becomes emotional giving update on Hurricane Milton
A seasoned American meteorologist became emotional on air as he gave an update on a major hurricane, later suggesting the reason behind his strong reaction.
Liberals considering proroguing Parliament amid document impasse? Freeland says 'no'
The minority Liberal government is not considering proroguing Parliament, Deputy Prime Minister Chrystia Freeland said Tuesday, despite persisting uncertainty over who is willing to keep propping them up and procedural wrangling over a Conservative led-privilege debate.
B.C. man convicted of killing neighbour's chihuahua to protect his chickens
A British Columbia provincial court judge says a Boston Bar man who shot a teacup Chihuahua named Bear claiming it was menacing his chickens was not justified in killing the animal.
'A cause for concern': Canadian universities slip down world ranking list
An organization that ranks the best universities across the globe says its latest report shows a concerning trend that several of Canada’s institutions are slipping down its list.
'I hope so': Marc Garneau on whether there's room for Blue Liberals like him
Former cabinet minister Marc Garneau, who describes himself in his new book as always-a-Liberal, 'but a decidedly blue one,' says he hopes the party still has room for someone like him.
'Very' serious issue: federal transport minister on contamination in northern Alberta town
The renewed pleas of people in Fort Chipewyan, Alta. for government to take action cleaning up contamination in their community have reached the ears of federal Transport Minister Anita Anand.
'Extremely disappointed': Family of homicide victim storms out of courtroom as judge reads decision
Emotions boiled over after a judge acquitted two out of three defendants in a manslaughter case, while the third accused has since died.