Decision record
Roy Swartzberg
Allegation / charges
Rule 4-29 Admission of Misconduct and Undertaking | Summary
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Roy Swartzberg, a BC sole practitioner in family law, admitted 12 allegations of professional misconduct involving four/five clients. Over several years he repeatedly deceived clients by inventing court hearings, a summary trial decision, protection orders, appeals and an Alberta variance order, fabricating a court order and false court file numbers, failing to advance their matters, and misleading opposing/new counsel. He also improperly loaned money to a client and accepted ~$10,000 in rings from a will/POA client, both without independent legal advice. On June 5, 2019 the Discipline Committee accepted his Rule 4-29 admission and a 7-year undertaking not to practise law or seek re-admission, making him a person who ceased to be a member due to disciplinary proceedings. No fine or costs were specified in the decision.
Duties found breached:
- No improper communication with the court
- Comply with and respect court orders
- Not mislead third parties or opponents
- Keep client informed and respond promptly
- No improper benefit, loan or bequest
- No improper use of client money
- No baseless or threatened misconduct report
Aggravating factors:
- Misconduct spanned multiple clients (DD, AB, CJ, ES, CL) over several years
- Sustained, elaborate and repeated deception, including fabricated documents
- Exploitation of a vulnerable client (DD and child who had suffered domestic abuse)
- Continued misrepresentations even to other lawyers and during Law Society processes
Mitigating factors:
- No prior professional conduct record
- Admission of misconduct and cooperation via Rule 4-29 undertaking
- Letter from clinical psychologist submitted in mitigation
- Returned the rings to Client CL and returned the $10,000 loan context; ceased practising since July 2016
⚠ figures not found verbatim in the source were dropped: ["unverified_suspension_months=84"]
Duties engaged
- No improper communication with the court
- Comply with and respect court orders
- Honesty
- Not mislead third parties or opponents
- Advise objectively, not a mere conduit
- Keep client informed and respond promptly
- No improper benefit, loan or bequest
- No improper use of client money
- No baseless or threatened misconduct report