A retired lawyer has agreed to a 10-year ban on resuming the practice of law anywhere in Canada after admitting misconduct to the Law Society of B.C.
Ian Frank McTavish spent most of his career practising in Salmon Arm, according to a proposal he made to the law society to resolve the allegations against him. He retired at the end of 2024 and is currently 79 years old.
According to the proposal, which was submitted in August but published on the law society’s website this week, McTavish’s misconduct involved a client he was hired to represent through Legal Aid B.C. in September 2023.
The woman was involved in “a family law matter” related to her 13-year-old daughter and the provincial Ministry of Children and Family Development.
Inappropriate comments, behaviour
The proposal document reproduces or summarizes several text messages that McTavish sent to the client in June and July 2024.
“The lawyer/client thing keeps us separate, but I can’t lie: I wish it were different,” reads one reproduced text that the document says was part of an exchange in which McTavish offered to pay the veterinary bill for the client’s dog.
Another exchange summarized in the proposal saw McTavish tell the client “you are lovely,” before later saying that he “needed some attention.”
“It would be nice to have a release, if you get my drift,” the document reads, quoting from messages McTavish sent.
On another occasion, he wrote: “You are a very attractive woman and you make me wish I
was a lot younger," according to the document.
The proposal also contains accounts of “unwanted and inappropriate touching, comments and requests,” including instances in which McTavish hugged his client and held her hand, and others in which he made “direct and indirect requests for massages.”
On at least three occasions, the document notes, McTavish gifted or loaned money to the client.
“The client experienced a shift in their relationship after the respondent began loaning her money, and she felt like he expected something in return from her,” the document reads. “The client observed that the respondent’s hand-holding and hugging started or increased after loans were made.”
Lawyer’s response
While acknowledging his misconduct, McTavish’s proposal to the law society also includes some explanations from the lawyer.
“The respondent advised the law society that he believed that the client lacked self-confidence, and he tried to ‘buoy her up’ with his messages,” the document reads.
It adds that McTavish claimed that his messages about “release” were a reference to “chronic neck and back pain,” though he agreed with the law society that his comments could be interpreted as having a sexual connotation.
“The respondent admitted that he made sexual hints and references in his text messages to the client and characterized the exchanges as ‘banter,’” the document reads.
Under the terms of his accepted proposal, McTavish agreed not to practice law in B.C. or apply for readmission to any law society in Canada for a period of 10 years.
“Should the respondent apply for reinstatement at the conclusion of the term of his undertaking in November 2036, a mandatory credentials hearing must be held to consider his good character and fitness to practice law,” the proposal reads.
“The respondent would bear the onus of demonstrating that he meets the requisite standards. The respondent’s professional conduct record reflecting this admitted misconduct, as well as any other relevant information, would be considered at that time.”
