Prominent Edmonton lawyer disbarred for taking money from trust accounts

A disgraced Edmonton lawyer who rose to prominence with a successful legal practice, after graduating at the top of his law school class and becoming a university instructor, saw hisaccolades crushed on Wednesday when he was disbarred from the legal profession in Alberta.

Shawn Beaver spent more than two decades building his career as a criminal defence lawyer.But during a downward spiral in 2014, he took approximately $300,000 from clients' trust accounts and by breaching accounting rules, which led to a career-deciding disciplinary hearing with the Law Society of Alberta.

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"This member has done some very good things, historically. This member is exceptionally bright. This member could have a lot to offer to the community," said DouglasMcGillivray, one of three members on the disciplinary panel that heard Beaver's case.

"But what this member has done is contrary to the very core of what being a lawyer is all about."

Beaver's exceptional record was raised repeatedly during the sentencing submissions.That record made the case both "tragic" and "notorious," said Sharon Heine,who represented the law society.

She argued the severity of his misconduct meant that disbarring Beaver was necessary to maintain the integrity of the legal professionand public faith in its status as a self-regulating body.

In the end, the three-member panel agreed. The case is also being turned over to the attorney general, while a sergeant from the economic crimes division of the Edmonton Police Service attended the proceedings.

"Integrity is the fundamental quality of any person who seeks to practice this profession,"said panel member Fred Fenwick.

Beaver can apply to be re-instated to the bar, but it's considereda "faint hope clause," as few lawyers have successfully re-entered the profession in Alberta after being disbarred.

Actions had ripple effects

The hearing previously heard that Beaver's life went through a series of tumultuous turns around 2014after his mother died, his long-term relationship ended, and he struggled with alcohol abuse and depression. The lawyer who at the height of his career was taking home $400,000 per yearwas in financial trouble, struggling to make the payroll and support his lifestyle.

He was found guilty, or admitted to, seven citations, including misappropriating funds from clients' trust accounts, breaching accounting rules, and wrongfully takingproceeds from the sale of a house.

The ripple effects of those actions went far, the hearing heard. His clients lost money (although much of it has been returned through a legal insurance fund)and trust in their lawyer. His colleagues lost a friend and their partner in a business they had spent years building together. And his family was put through the stress of a public professional downfall.

Beaver stood and gave a lengthy apology, while his wife and two of his children sat behind him. He apologized to his clients, his family, his alma mater, and to his colleagues, who were left scrambling to care for clients and themselves, after the law firm collapsed.

"I always dreamt of a firm like the one we built together," he said. "We practiced excellent law, we took care of our clients. There's nothing I wouldn't have done for you... it is my true regret I have lost those friends due to my actions."

Lawyers spar on character

Lawyer Simon Renouf, who represented Beaver, argued his client should be handed a further period ofsuspension, after which he could re-apply to practice with various conditions.

He argued Beaver's transgressions occurred while he struggled with depression and alcoholism, and contradicted his fundamental character.

"You don't get through 46 years of life living in good character if there's an underlying character flaw," he said.

Beaver's skills as a lawyer could also be used for the benefit of the public, Renouf said.

But Heine, from the law society, said the fact the citations occurred over an extended period of time and that Beaver only reported to the law society after his colleagues threatened to do so, were evidence of "significant integrity issues."