'Forgetful' Kelowna lawyer fined $12K

Kelowna family lawyer Michael Newcombe is facing a fine from the B.C. Law Society for "forgetting" to tell the society about a judgement against him.

A disciplinary board for the society decided that Newcombe should pay a $12,000 fine because he failed to abide by a "monetary judgement" on his Osoyoos property, then failed to report that judgement to the law society, according to a written disciplinary decision from the B.C. Law Society.

After the monetary judgement against him and his property was handed down in 2018, he was expected to make the law society aware at the end of the year in his practice declaration. However, he failed to disclose the judgement, which he had already failed to do 18 months earlier with previous monetary judgements against him, according to the decision.

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Newcombe told the law society that the decision "slipped by" when he filed his declaration, adding that he can be "forgetful at times," according to the decision.

The law society considered suspending Newcombe from practicing law for a month because he has a history of forgetfulness, but stopped short because of his obligations to Legal Aid B.C. clients.

Newcombe testified that he is one of a just a few lawyers in Kelowna and Penticton that helps clients with family law through legal aid and if he were suspended, he wasn't sure there would be another to take his place.

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Legal Aid B.C. told the disciplinary hearing that it would be "far less disruptive" to the public if Newcombe was fined, rather than suspended from practice.

While the disciplinary board wasn't satisfied about whether Newcombe deliberately misled the law society to hide judgements against him or if he simply forgot, it ultimately decided not to suspend him from practicing law.

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"In the circumstances, being a bit forgetful does not come close to reasonably explaining these two failures," the decision reads.

Instead, Newcombe has to pay the $12,000 fine within six months, along with an additional $5,714.16 for the costs of the hearing.

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