卑诗省一名伪造证据企图扭转败诉结果的律师，在被法院定罪后，遭到卑诗省法律协会(Law Society of B.C.) 终身钉牌。法律协会更因其情节严重，25年来首次以跳过公听会的调查程序，直接宣布钉牌决定。
卑诗法律协会昨日发出声明，称2010年被卑诗高等法院定罪的Malcolm Zoraik，违反与客户及法院之间的诚信，因此将其钉牌，终身不得再于卑诗省执业。
Zoraik是于2009年在维多利亚打输一场官司后，于法院公共场所留下一个匿名信封，在内装有指控其中一名陪审员收贿的信件。他随后被判行为不检以及伪造证据，法律协会的纪律委员会也立即对其展开调查。
法律协会昨日在声明中也强调，在未有举办公听会的情况下便作出裁决，是非常罕见的情形，为25年来首次。
对司法系统构成危害
协会称Zoraik已经严重危害公众对法律专业人士以及司法系统的信心，因此考虑到事件的严重性，才决定跳过公听会程序作出裁决。
Law Society disbars lawyer Malcolm Hassan Zoraik
Vancouver – The Law Society has ordered lawyer Malcolm Zoraik to be disbarred.
In June 2010, Zoraik was convicted in BC Provincial Court of public mischief and fabricating evidence. He was found to have created a letter which falsely alleged jury tampering and then placed that letter in the courthouse in Victoria.
In his reasons for sentence, the Provincial Court Judge said: “In short, Mr. Zoraik manufactured a letter which he knew was likely to become evidence before a court, and indeed sought to have a court rely upon that manufactured evidence.” Zoraik appealed his convictions, but his appeal was dismissed in June 2012.
Independent of the criminal proceedings, the Law Society conducted its own investigation into Zoraik’s conduct. The Law Society’s board of governors (Benchers) relied upon Rule 4-40 of the Law Society Rules to expeditiously deal with the matter.
Rule 4-40 is only used in exceptional circumstances. It forgoes the need for a citation and citation hearing, allowing the Benchers to summarily suspend or disbar a lawyer who has been convicted of an offence that was proceeded with by way of indictment.
In their decision, the Benchers noted the seriousness of Zoraik’s misconduct and the significant threat it presented to public confidence in the legal profession and justice system.
“For such a system to work, and for the public to have confidence that it is working properly, lawyers must uphold the law and its proper administration,” stated the decision. “Failure to do so subverts public confidence in the judicial system.”
While Zoraik has now been ordered disbarred, the public has been protected by the fact the Law Society obtained a written undertaking from Zoraik in June 2010 that he would not engage in the practice of law.
For more information, the Provincial Court ruling is here and the Court of Appeal ruling is here.
The Law Society of British Columbia regulates the more than 10,000 lawyers in the province, setting and enforcing standards of professional conduct that ensure the public is well-served by a competent, honourable legal profession.
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A Victoria lawyer who was found guilty of public mischief and of fabricating a letter alleging jury tampering has been disbarred.
Malcolm Zoraik was convicted in June 2010 in relation to a case in April 2009 in which he represented the plaintiff in a lawsuit involving a motor vehicle accident.
After a 20-minute deliberation, the B.C. Supreme Court jury found no liability on the part of the defendant.
Zoraik applied to have the judgment set aside and the matter was adjourned.
But before the matter could be heard, an envelope containing a letter was found on a counter beside the court registry.
The letter purported to be from the husband of an unidentified juror in a civil action similar in description to the motor vehicle case and alleged his wife had been offered money for her vote. The letter was in fact written by Zoraik.
A provincial court judge sentenced Zoraik to six months’ house arrest and 12 months of curfew. He appealed the conviction, but the B.C. Court of Appeal dismissed the appeal.
On Monday, the Law Society of B.C. issued a press release saying that the society’s board of governors had conducted an investigation and decided to summarily disbar Zoraik, forgoing the need for a formal citation and citation hearing.
The decision to deal expeditiously with the matter was made after the benchers noted the “seriousness” of Zoraik’s misconduct and the significant threat it posed to public confidence in the justice system, the society said.
“Zoraik has now been ordered disbarred, the public has been protected by the fact that the Law Society obtained a written undertaking from Zoraik in June 2010 that he would not engage in the practice of law.”
Zoraik had been practising law for seven years at the time of the offence and had an otherwise unblemished record.
He argued that his misconduct was an isolated act and that he and his family had suffered sustained humiliation and economic “disaster” and that the sentence imposed on him had been enough of a specific and general deterrence.
The society regulates B.C.’s 10,000 lawyers.
3) VANCOUVER - A lawyer found guilty of leaving behind an anonymous note pretending to be the husband of a supposedly bribed juror will never practise law in British Columbia again.
The Law Society of B.C. concluded in a ruling released Monday that Malcolm Zoraik's behaviour in 2009 means he can no longer be trusted as a lawyer.
"Lawyers are of course in a position of trust in relation to their clients. Of necessity they are also. . . in a position of trust in relation to the court and to the administration of justice as a whole," the society said.
"For such a system to work, and for the public to have confidence that it is working properly, lawyers must uphold the law and its proper administration. Failure to do so subverts public confidence in the judicial system."
Zoraik was found guilty in a provincial court in 2010 of writing a letter that falsely alleged jury tampering in a B.C. Supreme Court case he lost in Victoria.
A year earlier, Zoraik defended a client who was suing for damages after a car accident.
After only 20 minutes, jurors came back with a verdict of no liability.
Zoraik applied to the judge not to enter the judgment, arguing they hadn't taken long enough to fully consider the case. His application was put over.
But before it could be heard, a white envelope containing a letter purporting to be from the husband of an unidentified juror was found on a counter in a publicly accessible space used for searching court files.
The letter said his wife had been "offered money for her vote in the court" and the circumstances outlined in the letter matched the case Zoraik had defended.
Zoraik was charged and convicted of public mischief and fabricating evidence, with the judge concluding Zoraik "manufactured a letter which he knew was likely to become evidence before a court, and indeed sought to have a court rely upon that manufactured evidence."
Zoraik appealed the conviction, but lost.
The law society's disciplinary committee then carried out its own investigation and recommended no hearing should be held and the law society's benchers -- its board of governors -- should decide whether Zoraik should be suspended or disbarred.
The society said in a news release the decision to impose the penalty without a hearing is unusual. Though the provision has been around for 25 years, it has not been used.
The committee noted "the seriousness of Zoraik's misconduct and the significant threat it presented to public confidence in the legal profession and justice system."
Zoraik had not worked as a lawyer since 2010.
He had argued the decision to discipline him without a hearing was wrong and he urged the benchers, unsuccessfully, to reconsider.