Lawyer disbarred for misusing funds

Law society finds Shawn Beaver took money from clients’ trust accounts

A lawyer who once was one of Edmonton’s leading criminal defence attorneys can no longer practise in Alberta after a disciplinary hearing found he misused client funds.

Shawn Beaver was disbarred Wednesday by the Law Society of Alberta after a hearing launched in November 2016. He was suspended by the society in May 2015 after allegations that several hundred thousand dollars went missing from client trust accounts.

“The committee found that Mr. Beaver had misappropriated funds entrusted to his care and that he had failed to act with integrity,” the law society said in a news release. “Disbarment is the most severe sanction the law society can impose.”

Beaver rose to prominence by defending a wide range of clients, from a brothel owner to a Métis activist. He also taught at the University of Alberta law school where he was the 1993 class gold medallist. Between 1997 and 2014, he taught criminal trial procedure, evidence and advanced evidence.

The hearing concerned 12 disciplinary citations related to four instances — three concerned money missing from client trust accounts and one focused on misconduct in connection with the sale of the home he shared with his former common-law partner. Beaver had admitted to three of the allegations.

In November, the committee had found that seven of the 12 citations deserved sanctions. The hearing adjourned until February to hear the remainder of the evidence and decide on disciplinary action.

The hearing report said, in 2014, Beaver was generating around $400,000 in personal income, but the firm was in financial trouble.

“Mr. Beaver’s lifestyle spending throughout 2014 exhausted the credit available to the firm. The line of credit was used up, the credit card balance was at its maximum limit, pooled trust accounts had been drained through various means,” the report said, noting that his personal life figured prominently in the issue.

“Mr. Beaver was responsible for the financial support of a large extended family ... Mr. Beaver had formed a new relationship with his present wife during a period of financial difficulty in 2014-15, and they together had a new child during this time.”

Following his suspension in 2015, the society had given control of Beaver’s law firm to a Calgary lawyer who was appointed custodian. On Wednesday, the society said Beaver’s practice will be closed by the custodian.

“The committee accepts that the trust deficiencies are close to the sum of $180,000 that Mr. Beaver initially reported to the (Law Society of Alberta),” the committee report said.

Law is a self-regulating profession. Disciplinary sanctions for professional misconduct can include reprimands, restrictions on a lawyer’s practice, suspension or disbarment.

“The decision is made to uphold and encourage a high standard of lawyer conduct and competency,” said Tony Young, president of the law society.

He noted that Beaver can appeal the disciplinary hearing ’s decision. He is eligible to apply for re-admission to the society in one year.

“It’s a very high bar to get over to be reinstated,” he said.

Beaver’s disbarment is effective immediately.