FILE PHOTO

Image Credit: Cliff MacArthur/provincialcourt.bc.ca

A BC lawyer who dumped a vulnerable client so he could pursue a sexual relationship with her has been suspended for six months and ordered to pay $4,500.

According to June 3 Law Society of BC decision, Victoria-based lawyer William James Heflin sexually harassed his client by making "unwelcome comments, advances, and physical contact."

In an earlier decision, the Law Society found that Heflin, who in 2020 ran for council in a City of Victoria by-election, had kissed a client he'd been representing for three years in a child and spousal support case while in a meeting room at the courthouse.

He got the client, who was described as "vulnerable" and had had a breakdown earlier that year, to sign a form saying he wasn't going to act as her lawyer.

"OK, well, I’m not your lawyer anymore... I can do what I want," he then said.

He kissed her several times, hugged her and touched her breast.

The client told the Law Society while she'd said yes to the kiss, she didn't know why and was thinking at the time, "I don’t know why I’m saying this, what the hell's going on."

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The lawyer said that their mutual conduct was "indicative of consent."

However, the Law Society didn't see it like that.

"He harassed and assaulted a client who was in a vulnerable state, in circumstances where the power dynamic was highly imbalanced," the Law Society said in a decision published last fall. "(Heflin) deserted his client at a time when she needed him most. He put his own interests ahead of hers by leaving her without legal representation in order to pursue his own sexual interests."

In a statement to the Law Society Heflin said: "Whether or not I accept responsibility for the conduct is irrelevant....nonetheless, there was a clear lapse of judgment on my part."

The Law Society stresses that his statement doesn't indicate an acknowledgement of the misconduct.

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In deciding on a suitable punishment, the Law Society highlighted that Heflin, who was called to the bar in 1977, had four previous conduct reviews, that ranged from breaches of undertakings and improper withdrawal as counsel.

The Law Society argued Heflin should pay $7,648 in costs but he made undisclosed statements about his poor health and financial situation.

Upon review, the Law Society dropped the amount to $4,348.

It's unclear when it took place, but Heflin is no longer a registered lawyer and is currently not seeking reinstatement.

The decision says since Heflin is no longer registered but if he reapplies he'd have to undergo a six-month suspension before he can practice again.

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"(Heflin) was in a fiduciary relationship with (the client) and the conduct that resulted in a finding of sexual harassment was serious and a breach of trust," the Law Society said.

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