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Dolden Wallace Folick, LLP

JurisdictionCanada — British Columbia
BodyLaw Society of British Columbia (LSBC)
Professionlawyer
DateSeptember 15, 2021
HearingRule 3-7.1 Consent Agreement | Summary
OutcomeRule 3-7.1 Consent Agreement | Summary

Allegation / charges

Rule 3-7.1 Consent Agreement | Summary

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

SanctionFine
FineCAD 30,000
Dishonesty foundNo

Dolden Wallace Folick, LLP, a BC insurance-focused law firm, admitted professional misconduct under a Rule 3-7.1 consent agreement for failing, in 332 instances totaling $103,851.70 between October 2018 and March 2021, to deposit client overpayments into trust as soon as practicable, contrary to Rule 3-58. The overpayments were tracked in a 'general retainer' module but retained in general accounts, a practice in place since 1994 and not flagged in prior audits. No clients lost funds. The firm corrected its procedures and agreed to pay a $30,000 fine. No dishonesty was found.

Duties found breached:

Mitigating factors:

  • No prior Professional Conduct Record
  • No clients were short or missing funds; all client money properly accounted for
  • Practice was administrative, not done to benefit the firm
  • Prior compliance audits had not identified the practice as non-compliant
  • Firm took prompt corrective action upon discovery, including transferring funds to trust and updating procedures
  • Staff completed trust accounting training

Documents

Source: https://www.lawsociety.bc.ca/lsbc/apps/hearings/viewreport.cfm?hearing_id=1556&t=Dolden Wallace Folick, LLP-Rule-3-7.1-Consent-Agreement#_toph1