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Society lawyer Kenneth McEwan said Gurney provided no substantial legal services and there was no need for him to be involved in the transactions that came to light during a society compliance audit, a professional oversight check the society makes on law firms roughly every six years.

In fact, McEwan said the first $5 million went in and out of the trust account before Gurney even met the client, whose identity was protected by order of the disciplinary panel along with other information about those involved.

“Where was the money coming from?” McEwan asked. “That was an inquiry that was not made.”

But lawyer Paul Jaffe fumed that his client was being scapegoated and scoffed that the trust account had been a portal for illegality.

“I’m not trying to embarrass the law society for being wrong or confusing,” he told the panel.

Gurney did nothing wrong and there was no prohibition in B.C. as in Ontario restricting the use of legal trust accounts, he said, adding that the charges of professional misconduct were vague, ambiguous and a “moving target.”

“It’s a very difficult case to defend because the scope of particulars is difficult to establish … but the bottom line is what is the evil?” he asked. “We don’t even know why we are here … What is it that Gurney is supposed to have helped conceal?”

In spite of all the headlines about the market, Jaffe said no lawyer had been cited other than Gurney and the society was not identifying a single rule or professional direction the 48-year veteran had violated.