Homayoun Sebastian Nejat

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

Homayoun Sebastian Nejat, a BC sole practitioner called in 2010, faced five citations covering conduct between 2013 and 2018. He admitted extensive professional misconduct including misappropriation/improper withdrawal of client trust funds (including $135,106.38 from client BS and $125,000 from client S Inc./HM), repeatedly misleading clients, providing falsified bills and false trust records to the Law Society, practising law while administratively suspended, acting in a conflict of interest, breaching trust accounting and client-identification rules, and failing to provide competent service. Under a Rule 4-29 proposal accepted October 24, 2019, he undertook to resign and not to practise law for 12 years from November 26, 2018, with the Committee consenting to his resignation. Health issues, remorse, apology and cooperation were considered in mitigation, while a prior similar citation and prior suspensions were aggravating. No fine or costs were stated, and no express finding of dishonesty was recorded (conduct characterized as misappropriation and false/misleading statements).

Duties found breached:

• Disclose adverse law to the court
• Proper basis for allegations
• Not mislead third parties or opponents
• No own-interest conflict
• No improper use of client money
• Accounting records, reconciliation and reports
• Competence

Aggravating factors:

• Prior citation for similar misconduct
• Two administrative suspensions on his professional conduct record
• Recommendations from the Practice Standards Committee / poor professional conduct record
• Multiple clients affected across numerous matters

Mitigating factors:

• Significant health conditions at the time of misconduct, supported by two medical reports
• Ongoing treatment
• Remorse and written apology to the Chair of the Discipline Committee
• Admission of misconduct and cooperation through Agreed Statement of Facts
• Trust shortfall ultimately resolved / funds repaid