Lyon Thomas Finkelstein

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

Lyon Thomas Finkelstein, a BC sole practitioner called in 1969, entered a Rule 3-7.1 consent agreement approved June 28, 2023, admitting professional misconduct/conduct unbecoming in his administration of the estates of OW and JW (2019-2021). He failed to recognize the alternate executor's priority of executorship, filed probate materials with inadvertent material omissions, improperly withdrew executor and legal fees and transferred estate funds without beneficiary consent or court authorization (including $22,503.61, $143,625.94, $2,767.77, $8,107.13, and $8,754.58), charged legal fees despite no charging clauses, and failed to communicate properly with beneficiaries. No dishonesty was found; the errors stemmed from misunderstanding of the law. He agreed to cease sole practice by end of 2023, restrict future practice to an approved firm setting, and repay the remaining $9,013.55 to the beneficiaries.

Duties found breached:

• Handle inadvertently received material
• No conflict between current clients
• No improper communication with the court
• No improper use of client money

Aggravating factors:

• Lengthy professional conduct record dating back to 1983, including eight conduct reviews, a practice standards referral, and a prior citation

Mitigating factors:

• Accepted responsibility and acknowledged his conduct fell short
• Expressed sincere apology
• 91 years old and agreed to cease practising as a sole practitioner by end of 2023
• Agreed to repay the beneficiaries (and had already repaid a portion of fees in 2021-2022)
• Conduct stemmed from a genuine misunderstanding of the law regarding executorship priority and charging for legal services