Simon Biancardi
Allegation / charges
Rule 3-7.1 Consent Agreement
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Simon Biancardi, a BC sole practitioner, entered into a Rule 3-7.1 consent agreement admitting professional misconduct over April 2017-January 2021 involving failure to fulfil trust-account gatekeeper duties (13 files), failure to comply with client identification/verification rules (16 files), and acting in a conflict of interest by representing both borrower and lender in a loan transaction. Numerous transactions involved overseas funds, excess funds, and disbursements to unrelated parties without inquiry. He consented to a six-month suspension and undertakings not to handle trust funds/operate a trust account and not to practise real estate law until relieved by the Executive Director. No express finding of dishonesty was made; no fine or costs were stated.
Duties found breached:
Aggravating factors:
- Failed to obtain required client identification/verification for a specific corporate client even after being advised to do so during the Law Society compliance audit (acknowledged as aggravating)
Mitigating factors:
- Remorseful and admitted misconduct
- No prior professional conduct record
- Stopped taking new clients since July 2021
- Declined to act on real estate matters since October 2022
- Left private practice entirely in October 2023
- In process of closing trust account and gave undertakings regarding trust account and real estate practice
- No knowledge of clients' alleged unlawful activities at the time of representation