Former B.C. lawyer disbarred for 2nd time over sexual harassment

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A former lawyer who was convicted of sexual assault in 2020 and disbarred last year has been handed a second disbarment for sexual harassment of a different client. 

A discipline panel of the Law Society of B.C. issued its latest decision to disbar Marc Andre Eckardt last week, and the decision was published online Monday. 

Eckardt, who was previously known as Marc Andre Scheirer, had several prior entries on his disciplinary record, including two other findings of professional misconduct relating to inappropriate behaviour toward female clients.

In fact, the sexual harassment that led to the second disbarment was only reported to the law society after the victim saw media coverage of Eckardt's previous misconduct, according to the discipline decision.

What happened

The complainant told the law society Eckardt "came up behind her and put his arms around her upper chest and pressed her body against the front of his body" during a meeting at his office in June 2016.

She said he also made inappropriate comments about how "lucky" he would be if she were the mother of his children, and rubbed his socked foot against her feet and leg under his desk during the meeting.

Later, while sitting on a bench outside a courtroom in October 2016, Eckardt placed his hand on the complainant's thigh, arm and back, according to her account of events as described in an earlier decision on the facts of the case. 

The complainant told the panel she didn't report Eckardt's misconduct when it happened "for fear that she would not be able to get another lawyer because he had been appointed by legal aid, and because any complaint about the respondent would be her word against that of the respondent."

"The complainant also testified about her personal history of dealing with trauma and abuse while growing up and in her most recent relationship, and that her experience with the respondent led to her feeling 'helpless and invisible,'" the discipline decision reads.

The hearing panel accepted the complainant's evidence and determined that Eckardt's conduct met the definition of sexual harassment because it was unwelcome, sexual in nature and detrimentally affected the complainant's experience as she accessed necessary legal services.

'Lack of remorse'

In determining that a second disbarment was an appropriate penalty, the discipline panel considered the serious nature of sexual harassment as a form of professional misconduct, Eckardt's lengthy conduct record and his failure to acknowledge the seriousness of his behaviour.

While he appeared at the hearing on the facts of the case, Eckardt did not participate in the second hearing on what penalties he should face.

At the first hearing, Eckardt apologized to the complainant for making her feel uncomfortable, according to the decision.

"Notably, this apology did not indicate any acknowledgement of his misconduct, but rather the effect of his actions on the complainant," the decision reads. "Thus, the panel does not consider the apology to be an acknowledgement of his misconduct."

In response to an email from the law society about its intention to recommend he be disbarred for the misconduct, Eckardt sarcastically agreed.

"Allegedly (eight) years ago I hugged a client, who was (with) me for one year, and I allegedly touched her leg," he wrote, as quoted in the decision.

"Disbarment is appropriate."

The panel interpreted this response as an acknowledgment of the sanction sought, according to the decision.

"While the respondent acknowledges that the law society is seeking the serious sanction of disbarment, he continues to avoid acknowledging the seriousness of the misconduct, and he demonstrates a lack of remorse," the decision reads.

The panel ordered that Eckardt be disbarred for a second time. It also ordered him to pay $9,394.06 in costs to the law society within one year of the decision.