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By Ashley Legassic

SEANNA MCKINLEY

Law society orders disbarment of former Kamloops lawyer who misappropriated clients’ funds

Feb 18, 2020 | 4:18 PM

KAMLOOPS — A Kamloops lawyer will be disbarred and must pay more than $12,000 after “egregious misconduct” while she was practicing.

The Law Society of B.C. says, in a decision dated Feb. 14, that Seanna McKinley misappropriated hundreds of thousands of dollars in client funds during her time practicing.

The society says McKinley also attempted to mislead the Law Society and auditors.

According to the decision, McKinley wasn’t in attendance at the hearing and hasn’t communicated with the Law Society since January 2018. She never confirmed her current contact information and failed to participate in the disciplinary process.

“She has not responded to the Law Society’s four allegations of professional misconduct,” the decision states. “She did not request an adjournment of the Disciplinary Hearing, nor has she provided any explanation for her complete lack of engagement with the Law Society’s disciplinary process, including her absence at the Disciplinary Hearing.”

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McKinley was administratively suspended in April 2016 and by January 2017 she was no longer a member of the Law Society.

The society says McKinley’s “intentional and reckless behaviour” is aggravated by the fact that she knew there was a court order restraining her client from using specific funds, breached undertakings and misled other lawyers about her handling of the funds, was aware of her obligation not to withdraw trust funds prior to billing clients, knew she was misusing the funds, and fabricated invoices and documents to hide her misconduct.

“Prolonged and intentional, the Respondent’s misappropriation of funds is an example of the most severe type of professional misconduct. It betrays the fundamental trust that a client places in their lawyer as the dutiful guardian of their interests,” the decision states. If not met with the Law Society’s strongest message of condemnation and deterrence, it has the potential to do irreparable harm to public confidence in the integrity of the legal profession.”

The Law Society ordered her immediate disbarment and a payment of $12,743 in total costs to the society by May 2020.

To read the full decision, go here.