Former B.C. Lawyer Disbarred Again for Sexual Harassment of Client

Marc Andre Eckardt, also known as Marc Andre Scheirer, has been disbarred for the second time following a history of professional misconduct, including sexual assault and harassment of clients. The Law Society of British Columbia issued the decision in December 2024, marking another chapter in a troubling pattern of behaviour that has severely impacted clients and tarnished public trust in the legal profession.

Details:
The Law Society of B.C.’s hearing panel found that Marc Andre Eckardt engaged in repeated acts of sexual harassment toward a female client in 2016. The complainant, a Legal Aid client, reported that Eckardt placed his hand on her thigh, arm, and back during a court meeting. He also made inappropriate comments, including one where he stated how “lucky” he would be if she were the mother of his children. Additionally, Eckardt rubbed his socked foot against her leg during a consultation at his office.

The complainant testified that she initially hesitated to report the misconduct out of fear of losing legal representation and because she believed her complaints would not be taken seriously. Only after media reports of Eckardt’s earlier misconduct surfaced did she feel confident enough to approach the Law Society. Her testimony revealed the significant emotional toll these incidents had taken, describing feelings of helplessness and invisibility.

The hearing panel accepted her account, emphasizing that Eckardt’s actions were unwelcome, sexual in nature, and adversely affected her ability to access essential legal services. The decision stated that his conduct “exploited the inherent power imbalance between lawyer and client,” particularly given her vulnerable position as a Legal Aid recipient.

Reasons for Disbarment:
This second disbarment follows Eckardt’s December 2023 disbarment for a separate incident of sexual assault involving another client. In that case, Eckardt was criminally convicted and received a suspended sentence and two years’ probation. The Law Society noted that Eckardt’s extensive disciplinary history, including a 2018 suspension for inappropriate behaviour toward yet another female client, underscored the necessity of a strong penalty.

The panel highlighted several aggravating factors in its decision, including Eckardt’s lack of remorse. While Eckardt issued an apology to the complainant during an earlier hearing, the panel found it insufficient as it failed to acknowledge his misconduct. His sarcastic written response to the Law Society’s intention to recommend disbarment—describing the allegations as a mere “hug” and sarcastically agreeing that disbarment was appropriate—further illustrated his unwillingness to accept responsibility.

The panel concluded that disbarment was the only appropriate sanction, given the gravity of his misconduct and its detrimental impact on public confidence in the legal profession. Eckardt was also ordered to pay $9,394.06 in costs within one year.

Higher Standards for Lawyers:
Lawyers are held to a higher ethical standard than the general public due to their role as officers of the court and fiduciaries for their clients. The Code of Professional Conduct for British Columbia emphasizes that lawyers must act with integrity, uphold public confidence, and avoid exploiting their clients’ vulnerabilities. Eckardt’s repeated violations of these principles not only caused harm to individual clients but also eroded the public’s trust in the legal system.

The Tribunal noted that sexual harassment and assault are among the most severe forms of professional misconduct because they exploit the power imbalance inherent in the lawyer-client relationship. This is especially egregious when clients are already in vulnerable positions, such as navigating the legal system for criminal or family law matters under Legal Aid support.

The Law Society’s decision serves as a reminder of the profession’s obligation to safeguard clients’ rights and dignity. By imposing a second disbarment, the Tribunal sought to send a clear message that such behaviour will not be tolerated and that maintaining public confidence in the legal profession is paramount.

Implications:
This case highlights the importance of accountability and the mechanisms available for clients to report misconduct. The complainant’s bravery in coming forward, despite initial fears, allowed the Law Society to address Eckardt’s behaviour and protect future clients from harm.

For legal professionals, this decision underscores the severe consequences of violating ethical and professional standards. It also serves as a warning to other practitioners about the importance of maintaining the highest levels of professionalism and respect in their interactions with clients.

What’s Next?:
Eckardt’s disbarment ensures that he can no longer practice law in British Columbia. The Law Society’s decision reflects its commitment to holding members accountable and protecting the public from further harm.

For those affected by misconduct, resources are available through the Law Society of B.C.’s complaints process and support networks designed to assist clients who experience harm while navigating the legal system.