The Law Society of B.C. has fined a Kelowna lawyer $15,000 for misconduct after concluding her representation of an elderly client fell below professional standards.

In a joint submission to a Law Society Tribunal hearing panel, lawyer Kimberly Rule admitted that between November and December 2022 she failed to provide the quality of service required of a competent lawyer while acting in a wills and estates matter.

Rule admitted to, among other things, not providing her 101-year-old client with complete and accurate information, failed to properly assess the woman’s ability to retain and instruct counsel, and did not adequately obtain or record instructions.

She also admitted she failed to decline to act when she knew, or ought to have known, that the woman lacked the capacity to retain and instruct her.

Offering details, the panel said the elderly woman had been severely impaired by a decade of dementia and was “unable to communicate verbally.” Prior medical evidence had indicated she lacked decision-making capacity, the panel said.

Despite those concerns, Rule proceeded with estate-related work, including drafting a new power of attorney that revoked a 2007 arrangement and named only one son, followed by a representation agreement the next day.

“(Rule) failed to provide (the elderly woman) with complete and accurate relevant information necessary to understand the nature and consequences of the legal work being undertaken,” the panel wrote, adding she “knew or ought to have known that (the woman) lacked capacity and ought not to have acted at all.”

At the December 2022 meetings, the woman was unable to communicate verbally and ultimately signed documents using an “indecipherable mark.”

The panel concluded the sanction fell within the acceptable range for similar cases despite the seriousness of the conduct, which involved a “highly vulnerable” client.

In addition to the $15,000 fine, Rule agreed to pay $1,000 to the Law Society for costs.