Vancouver lawyer disbarred after misappropriating $62K from vulnerable client

A Vancouver personal injury lawyer has been disbarred after he misappropriated more than $62,000 from the trust fund of a vulnerable client.

Rene Joan Gantzert's actions were "at the most serious end of the spectrum of misconduct," but he has yet to acknowledge his wrongdoing, according to a new discipline decision from the Law Society of B.C.

The veteran lawyer has not responded to any communications from the law society since July 2020 and failed to co-operate with the investigation, which amounts to misconduct as well, the decision says.

Between December 2018 and July 2019, Gantzert took a total of $62,522 from a trust fund that had been set aside for a client in a car crash case, a woman who had known and trusted him for years, according to the law society's discipline panel.

"The client had relied upon the respondent [Gantzert] to guide her through the stress of litigation. The client testified that the respondent was aware that she was a vulnerable individual, as the respondent was aware the client had undergone three surgeries, had been off work and on disability, and struggled coping with stress due to her anxiety," the decision says.

It goes on to say that the money was earmarked to pay back the client's employer and disability insurer, and when it disappeared, she worried she would lose her long-term disability or be sued.

"As a result of the respondent's conduct, the client felt betrayed and experienced significant financial stress, emotional upsetand anxiety," the decision says.

The panel notes that Gantzert was first called to the bar in Manitoba in 1995and, as a senior lawyer, he "knew or ought to have known that his conduct was improper."

Current whereabouts unknown

After the law society launched its investigation into Gantzert, representatives tried to contact him by visiting his home on several occasions, emailing him, phoning him and passing on requests through other lawyers who know him, according to the decision. None of those attempts were successful.

His current whereabouts are unknown. In recent months, emails to Gantzert's personal and business accounts were bounced back as undeliverable, the law society says.

Gantzert stopped being a member of the law society in July 2020, and the law society has been custodian of his practice since February 2021.The decision explains that it was still necessary to disbar him.

"It is the sanction that would have been imposed if the respondent were still a practising member, it gives closure to the affected client, it triggers the requirement to hold a hearing into the respondent's character should he ever apply for reinstatement and serves as a general deterrent to other members of the profession," the panel wrote.

As part of the discipline decision, Gantzert will also have to pay $8,420 in costs. He has no previous discipline on his record.