Michael Saul Menkes

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

Michael Saul Menkes, a BC sole practitioner called in 1996, entered a Rule 3-7.1 consent agreement admitting professional misconduct. While representing borrowers in the sale of two properties, he breached an accepted trust condition by electronically filing mortgage discharges with the LTSA before receiving the net sale proceeds. He then told the lender's lawyer the discharges had been withdrawn without verifying, and failed to correct that statement after learning the discharges had been registered. No express finding of dishonesty was made. He agreed to a six-week suspension and an undertaking not to practise real estate law.

Duties found breached:

• Cease acting on client perjury or disobedience
• No conflict between current clients
• Handle inadvertently received material

Aggravating factors:

• 28 years of practice; 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 his errors
• Medical condition exacerbated by stress and anxiety contributing to fatigue and inattention
• Took steps to mitigate his medical condition and improve client service by reducing hours and workload