After ordering a former Vernon lawyer to resign and barring him from practicing for 10 years, the Law Society of BC is now petitioning the courts to have his practice and its assets handed over.
Leonard Hil Marriott has been in trouble with the regulator overseeing B.C. lawyers leading up to this latest legal action. The society found Marriott had , ordering him to pay back more than $71,000 into a trust account that he'd improperly withdrawn from. It also found he had mishandled the execution of a will.
The regulator made against him in February this year, when he was found to have knowingly filed false information to the courts about an elderly client's estate and submitted mistake-riddled documents related to a straightforward property transfer matter. The decision said Marriott had demonstrated a pattern of "ineffective communication" with his client and other lawyers, made numerous mistakes in documents he filed, and gave evidence "replete with unresponsive and evasive answers" when the matter was put before a hearing panel.
Marriott, who owns North Valley Law with locations in Vernon, Armstrong and Enderby, was eventually suspended from practicing law for 10 years by the society for the misconduct. The suspension was in effect as of July 1. Just prior to its announcement, Marriott had announced his retirement from law.
Now, the Law Society is taking legal action, having filed a petition in BC Supreme Court on Aug. 13. The petition requests an order to take control over Marriott's North Valley Law practice and any assets it holds.
The petition was launched because the Law Society is unconvinced that Marriott has in fact given up his practice entirely, as ordered.
"Despite several requests, Mr. Marriott has not provided the Law Society with documentation to evidence that he has resigned/renounced his fiduciary roles as required by his undertaking," the petition states.
"Mr. Marriott continues to hold trust funds in a solicitor's trust account and it does not appear there is a practicing lawyer with signing authority on the account to properly deal with those funds," the petition continues, adding Marriott continues to hold his closed files.
Court documents say the Law Society is carrying out an investigation of Marriott's conduct with a client referred to as MB, for whom Marriott was power of attorney, representative and the executor of her will.
"It appears that Mr. Marritt borrowed funds from MB, caused a 50 per cent interest in MB's residence to be transferred to Mr. Marriott and MB as joint tenants, which allowed a creditor of Mr. Marriott's to register an encumbrance against the residence, and prepared a will, executed by MB, naming him as executor and leaving him a 75 per cent interest in her estate," reads the document from the Law Society.
In May, Marriott allegedly indicated that in spite of his suspension from the Law Society, he intended to continue acting in a legal capacity for MB and refused to provide a full accounting in respect to his role as an attorney, the court documents state.
As of Thursday, Aug. 21, North Valley Law's Vernon office is closed and a for sale or lease sign is in the window.
Marriott, in his early 60s, was admitted as a member of the Law Society more than 30 years ago but has only practiced law for a few years total.
None of the Law Society of BC's allegations have been proven in court.
The Morning Star reached out to Leonard Marriott and his office administrator, Katherine Bullock, but neither were immediately available for comment.
