Michael Saul Menkes

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

Michael Saul Menkes, a BC sole practitioner, admitted professional misconduct in a Rule 3-7.1 consent agreement approved June 2, 2026. While representing borrowers in a real estate sale, he breached an accepted trust condition by filing two mortgage discharges with the LTSA before receiving net sale proceeds. He then told the lender's lawyer the discharges had been withdrawn without verifying this was true, and failed to correct the misrepresentation after learning on February 21, 2024 that the discharges had been registered. No express finding of dishonesty was made. He agreed to a six-week suspension and undertook not to practise real estate law.

Duties found breached:

• No conflict between current clients
• Not mislead the court

Aggravating factors:

• 28 years in practice and a senior member of the bar at the time of misconduct
• Significant prior professional conduct record including a previous conduct review relating to a breach of undertaking

Mitigating factors:

• Acknowledged he should have taken greater care with the trust condition and subsequent errors
• Medical condition exacerbated by stress and anxiety contributing to fatigue and inattention
• Took steps to mitigate his medical condition by reducing in-office hours and overall workload