10-year prohibition for Vernon who lawyer who lacked ‘candour and honesty’: Law Society

A Vernon lawyer who lacked “candour and honesty” has been prohibited from practicing law for 10 years.

According to an April 3 BC Law Society decision, Leonard Hil Marriott made multiple errors in his “sloppy” handling of a $1.2-million estate and paid himself more than $70,000 before the matter had been finalized.

In another case, he “utterly failed” to complete relatively straightforward legal paperwork and then filed false information to the court.

The legal regulator found Marriott had committed professional misconduct.

Marriott, who had owned North Valley Law, became licenced in 1992, although in that time only practiced law for a few years.

One of the cases involved an 81-year-old Shuswap woman whose husband had died.

“He failed to disclose the existence of a will for the client’s deceased spouse, identify other potential beneficiaries, accurately represent the value of the estate, and advise the court that a related notice of dispute had been filed,” the decision read. “He failed to ensure the materials were forthright and accurate, and to take appropriate steps to rectify and correct the information and materials filed.”

The regulator described his errors as “astonishing” and was critical of his behaviour during the investigation.

“(Marriott’s) evidence was replete with unresponsive and evasive answers,” the Law Society said.

“The (Law Society) observed that while (Marriott’s) conduct could also be characterized as incompetent performance of duties undertaken in the capacity of a lawyer, it preferred the adverse determination of professional misconduct because of the added elements of (his) lack of candour and honesty,” the decision read.

In another case, also involving an elderly and vulnerable client, Marriott took $71,149 in fees from the 95-year-old before he had permission to. He was ordered to put the money back into trust.

The Law Society also said his fees were “not fair and reasonable” and he shouldn’t have charged so much.

He was also accused of misappropriating $26,000 of the estate fees, but the Law Society found he was entitled to $19,200 but not the remaining $7,560.

During the Law Society’s investigation into Marriott, he made multiple applications to delay the hearing, although most were dismissed.

The Law Society said his previous record includes two sets of conditions and limitations on his practice, one prohibition from acting as principal and two administrative suspensions. 

The Law Society prohibited him from practicing law in Canada for 10 years without first reapplying to the regulator.

He’s also not allowed to work in “any capacity whatsoever” for any lawyer or law firm, or have his name on a letterhead.

The decision said Marriott admitted to professional misconduct and he must resign from the Law Society by July 1.