Decision record
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 called in 2014, entered a Rule 3-7.1 consent agreement admitting professional misconduct arising from a 2017-2018 litigation retainer. 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 three affidavits alleging TG's history of fraud, and continued acting after a conflict arose between PS and TG. No dishonesty was found; the Lawyer acted under honest but mistaken beliefs and took corrective steps. The Chair approved an agreed eight-week suspension. No fine or costs were stated.
Duties found breached:
- No improper communication with the court
- No conflict between current clients
- No baseless or threatened misconduct report
- Not misrepresent regulated status
Mitigating factors:
- Relatively new lawyer, called approximately three years
- No prior professional conduct record
- Sought advice from Law Society practice advisor and promptly advised parties and court, apologized and corrected error
- Suffered from medical issues affecting judgment at the time, since resolved
- Eventually withdrew from the G. Files and stopped taking payment from TG
- Sincerely acknowledged mistakes and reformed intake procedures
- Fully cooperated, admitted misconduct, and consented to suspension