A Kelowna lawyer is currently being investigated for allegations of coaching or counselling a client, while they were under oath.
The Law Society of B.C. is investigating an allegation that Mark Koochin coached or counselled Jeffrey Maclean while he was on a break during cross-examination for discovery.
During a process called discovery, which takes place before a trial, Jeffrey Maclean was being cross-examined by Crown lawyer Michael Patterson. The process of discovery was taking place virtually and all people involved were logged onto the video conference.
Maclean was under oath and was instructed by the court not to converse with his lawyer about evidence prior to the break.
However, while on a break, people still logged into the video conference and could hear two people talking about the case.
Koochin and Maclean were heard talking about the case by Patterson and the Plaintiff.
Koochin and Maclean had accidentally left their microphones on and their conversation was broadcast to all people still logged into the virtual meeting.
The conversation was recorded.
After the break Crown prosecutor Patterson asked Maclean multiple times if he had conversed with his lawyer about the case. While under oath, Maclean denied the allegations that he had spoken with his lawyer about the case.
A few weeks later, during the trial in Kelowna Family Court, Patterson requested to have the videos of the conversation submitted as evidence. He said that Koochin “committed a grave ethical breach.”
Patterson also said that Maclean knowingly lied while under oath.
Patterson told the court that he sent a letter to Koochin’s office after the incident. Koochin responded by saying that recording and listening in on the private conversation is a violation of client-solicitor privilege. Koochin also said, “we were never advised that anyone was recording anything.”
Patterson said that the incident is not protected under privilege and is considered unlawful. “You cannot be advising clients while they are under cross-examination… this is a breach of exactly what the court warned him about.”
The case in family court ended up being adjourned before the videos could be submitted as evidence and was settled in an out-of-court decision.
Maclean is currently facing a lawsuit that alleges that he abused his wife over a period of 17 years.
He was also charged with assault, but the charges were stayed as a result of excessive court delays.
READ MORE: Court delays result in clean slate for Kelowna man accused of assault
