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A 91-year-old BC lawyer who "improperly withdrew" $11,500 of his client's money has been found to have committed professional misconduct and will have to get permission from the regulator if he wants to continue practicing law next year.

According to a June 28 Law Society of BC decision, Vancouver Island lawyer Lyon Thomas Finkelstein, who goes by Tom, signed a consent agreement admitting to making a series of steps that constituted professional misconduct and conduct unbecoming the profession in dealing with an estate matter between 2019 and 2021.

He avoided any kind of fine or suspension and agreed to pay the clients back and agreed he would retire by the end of the year, saying he was thinking of giving up work by then. If he wants to keep working in 2024 he will need to get approval from the Law Society.

The decision said Finkelstein, while administering an estate, failed to obtain written consent from the beneficiaries to withdraw funds.

He withdrew $22,503 from the estate's fund without getting consent or authorization from the court. He then transferred $143,625 of estate funds to another estate without obtaining consent.

The decision said a few days after each of his withdrawals from he got the signed consent.

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The Law Society found he also overcharged his clients.

The decision says he incorrectly withdrew $2,767 and $8,754 for professional legal fees. He then failed to send an invoice at the time of the withdrawal.

"The lawyer mistakenly believed that he was entitled to charge separately for professional legal services provided to both estate files," the decision read. "Upon reviewing these fees in the course of the law society’s investigation, the lawyer repaid a portion of them to the beneficiaries."

Finkelstein agreed to repay the remaining $9,013 to the clients.

The lawyer said he misunderstood aspects of the law regarding the executorship of the estate in this case.

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The decision said the 91-year-old first began practicing in 1969 and was first disciplined by the law society in 1983. Since then he's had eight conduct reviews, a practice standards referral, and was disciplined for failing to pay a debt and report it to the regulator.

"The lawyer has accepted responsibility for his conduct and has recognized that his actions have fallen short of the expectations of the law society," the decision read. "He has expressed his sincere apology."

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