Lyon Thomas Finkelstein

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

Lyon Thomas Finkelstein, a British Columbia lawyer called in 1969, admitted to professional misconduct/conduct unbecoming in connection with 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 omitting material information, improperly withdrew executor and legal fees and transferred estate funds without beneficiary consent or court authorization (despite no charging clauses in the wills), and failed to communicate and account to beneficiaries. The misconduct stemmed from a misunderstanding of the law; no dishonesty was found. Under a Rule 3-7.1 consent agreement approved June 28, 2023, the Lawyer agreed to cease sole practice by the end of 2023, practise only in an approved firm setting thereafter, and repay the outstanding $9,013.55 to the beneficiaries.

Duties found breached:

• No improper communication with the court
• Handle inadvertently received material
• No improper benefit, loan or bequest
• No improper use of client money

Aggravating factors:

• Extensive professional conduct record dating back to 1983, including eight conduct reviews, a practice standards referral, and a prior citation for failure to pay a practice debt and report the resulting judgment

Mitigating factors:

• Accepted responsibility and recognized his conduct fell short of expectations
• Expressed sincere apology
• 91 years old and agreed to cease practising as a sole practitioner by end of 2023
• Agreed to repay the beneficiaries; had already repaid a portion of improperly withdrawn fees in 2021-2022
• Conduct arose from a genuine misunderstanding of the law rather than dishonesty