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December 25, 2022 - 2:30 PM
A B.C. lawyer who had a sexual relationship with a client has been suspended from practicing law for four weeks by the regulator.
According to a Dec. 9 Law Society of B.C. decision, Dustin Gerald Ellis was working as a pro bono lawyer for a legal aid organization in Vancouver when he had a short-lived sexual relationship with a client.
The decision says that in December 2021 the lawyer texted his client and said he couldn’t answer her call because he wasn’t alone in the office and he didn’t want to share their "vibe."
The client texted back "Ok, so we do have vibe."
A couple of weeks later the lawyer and the client began having a sexual relationship.
The decision says they shared sexually explicit text messages and sexually explicit photographs of themselves.
A few days later the client called the relationship off.
"The (client) advised the lawyer by text that she was no longer interested in pursuing the relationship, personally or professionally. She advised that she would be representing herself moving forward," the decision reads. "She told the lawyer she felt their relationship had been inappropriate and that he had been sexually harassing her from their first phone call. She noted that he worked in an environment where he dealt with vulnerable people and that he exerted power over them, and so should be more mindful of his actions. She ended the messages by advising that she would report him."
The lawyer then texted the client and denied sexually harassing her, and agreed not to contact her.
Ellis then told his employer what had happened and was immediately fired.
The lawyer signed a consent agreement with the Law Society admitting that his actions constituted professional misconduct.
The Law Society said the relationship put Ellis in a conflict of interest and that he failed to act "honourably and with integrity" by having the intimate relationship.
"It is aggravating that the lawyer engaged in a personal and sexual relationship with a vulnerable client while working for a pro bono legal aid organization," the Law Society said.
The Law Society revoked Ellis' licence for four weeks and also barred him from practicing family law or criminal law until it decides he can do so again.
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