Homayoun Sebastian Nejat

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

Homayoun Sebastian Nejat, a BC sole practitioner called in 2010, admitted professional misconduct under five citations via a Rule 4-29 proposal accepted October 24, 2019. The misconduct included misleading clients and the court, conflicts of interest, repeated failures to provide competent service, practising law while administratively suspended, trust accounting breaches, failing to verify client identity in a fraudulent bank draft matter, providing falsified bills and false records to the Law Society, and misappropriating/improperly withdrawing client trust funds totalling $135,106.38 (client BS), $125,000 (client S.Inc./HM), and smaller amounts ($1,120, $1,670, $29,000). He undertook to resign and not practise for 12 years; resignation was consented to. No express finding of dishonesty was stated and no fine or costs were ordered. Health issues, remorse and cooperation were considered in mitigation; a prior similar citation and suspensions were aggravating.

Duties found breached:

• Accounting records, reconciliation and reports
• Competence
• Disclose adverse law to the court
• No improper use of client money
• No own-interest conflict
• Not mislead the court
• Not mislead third parties or opponents

Aggravating factors:

• Prior professional conduct record including a prior citation for similar misconduct
• Two administrative suspensions and Practice Standards Committee recommendations
• Multiple clients harmed across numerous citations
• Misappropriation of substantial client trust funds ($135,106.38 and $125,000)
• Creating falsified invoices and false trust ledger entries
• Practising law repeatedly while suspended

Mitigating factors:

• Significant health conditions documented by a qualified medical expert that help explain (but not justify) the misconduct
• Remorse and written apology
• Cooperation through Agreed Statement of Facts and Rule 4-29 admission
• Trust shortfall ultimately resolved/funds repaid (e.g., HM repaid $125,000 from family funds)