Nicole Tam

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Nicole Tam, a BC lawyer called in 2009, entered a Rule 3-7.1 consent agreement admitting professional misconduct for deliberately working simultaneously as a full-time associate at Law Firm AA and an independent contractor at Law Firm BB between August 2023 and June 2024 without disclosing the dual employment to either firm, thereby preventing conflict checks. She was found to have failed to act with integrity and good faith. No actual conflict arose. The tribunal did not make an express finding of dishonesty. She agreed to pay a $5,000 fine. Mitigating factors included no prior record, remorse, apology, and repayment of professional fees.

Duties found breached:

• No improper communication with the court
• No conflict between current clients
• Good faith and courtesy to colleagues

Aggravating factors:

• Deliberate concealment from both firms over an extended period (August 2023 to June 2024)
• Concurrent access to confidential client information at both firms creating a risk of undetectable conflicts of interest
• Used Law Firm AA vacation time to attend court for Law Firm BB clients

Mitigating factors:

• No prior professional conduct record
• Remorseful and admitted misconduct
• Provided letters/email of apology to Law Firm AA
• Repaid certain professional fees to Law Firm AA per employment contract
• No actual conflict of interest was identified
• Cooperated by entering into consent agreement and agreed statement of facts