Paul Angelo Winn

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

Paul Angelo Winn, a Burnaby sole practitioner called to the BC bar in 1999, was investigated after a 2003 order to examine his books and accounts. Investigations revealed numerous trust accounting failures: failing to account to clients, depositing personal funds into trust, creating and failing to eliminate trust shortages across many client files, failing to keep required books and records, and improper withdrawals of trust funds for personal and office expenses. He continued withdrawing funds even after being advised of shortages. Winn admitted that his recklessness in removing funds from trust amounted to misappropriation and professional misconduct, and to numerous Law Society Rules violations. Dishonesty was not expressly found (conduct characterized as recklessness). This excerpt is the Agreed Statement of Facts and contains no stated sanction.

Duties found breached:

• Uphold public trust in the profession
• No conflict between current clients
• No improper use of client money
• Accounting records, reconciliation and reports
• No baseless or threatened misconduct report

Aggravating factors:

• Continued to make approximately 15 withdrawals totalling about $10,000 after receiving Mr. Kinsey's July 18, 2003 report identifying the shortfall
• Trust shortage attributable to personal/office withdrawals grew to approximately $37,000 by September 30, 2003
• Multiple clients affected; client trust accounts remained overdrawn by $9,689.76

Mitigating factors:

• Cooperated with the investigation and entered into an Agreed Statement of Facts
• Consented to conditions, gave undertaking to cease practice, and consented to custodianship
• Deposited $33,000 in borrowed personal funds to reduce trust shortage in November 2003