David Michael Simon

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

David Michael Simon, a sole practitioner, admitted professional misconduct under Rule 4-29 relating to extensive trust accounting failures between 2018 and 2019, including improperly withdrawing client trust funds across two pooled trust accounts (creating numerous shortages totaling over $1.3 million collectively), failing to eliminate shortages upon discovery, failing to report shortages over $2,500 to the Executive Director, failing to prepare monthly trust reconciliations, providing a false/misleading 2019 Trust Report, and breaching client identification rules. No client complained or lost money. The Discipline Committee accepted his undertaking not to practise law for 12 years and not to apply for admission anywhere in Canada; reinstatement would require a credentials hearing. No express finding of dishonesty was recorded; no fine or costs stated.

Duties found breached:

• Accounting records, reconciliation and reports
• No improper use of client money
• Self-report to the regulator
• Uphold public trust in the profession

Aggravating factors:

• Large number of trust shortages and very substantial sums involved
• False/misleading statements in 2019 Trust Report regarding uncorrected and unreported shortages
• Failure to report shortages over $2,500, admittedly out of embarrassment

Mitigating factors:

• No client filed a complaint and no client was found to have lost money
• Admission of misconduct via Rule 4-29 proposal and Agreed Statement of Facts
• Combined trust account balances generally held sufficient funds cumulatively to credit of clients (except noted overdrafts)
• Some shortages were eliminated quickly