Simon Pak Hei Lin
Allegation / charges
Rule 3-7.1 Consent Agreement
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Simon Lin, a BC lawyer, entered a Rule 3-7.1 consent agreement admitting professional misconduct after he commissioned an affidavit without verifying the affiant's identity (mistakenly believing PS was the plaintiff JS), failed to properly identify his client, failed to make reasonable inquiries about TG's interests despite multiple affidavits alleging TG's fraudulent real estate history, and continued acting after a conflict of interest arose between PS and TG. No dishonesty was found; the misidentification was honest but mistaken. The Chair of the Discipline Committee approved an eight-week suspension, consistent with prior similar matters, considering an Agreed Statement of Facts and mitigating factors including his inexperience, prompt remedial action, medical issues, and full cooperation.
Duties found breached:
- No baseless or threatened misconduct report
- No conflict between current clients
- No improper communication with the court
- Not misrepresent regulated status
Mitigating factors:
- Relatively new lawyer (called approximately three years)
- Sought advice from a Law Society practice advisor and promptly advised the parties and court of his misidentification error, apologized and made corrections
- Suffered medical issues affecting focus and judgment, since resolved
- Eventually withdrew from the G. Files and stopped taking payment from TG
- Sincerely acknowledged mistakes and took steps to prevent recurrence
- Fully cooperated, admitted misconduct and consented to suspension
- No prior professional conduct record