Decision record
Donovan O. Foote
Allegation / charges
Guilty of Professional Misconduct | Disciplinary Committee decision delivered April 11, 2017. || Fined/Conditional Suspension | Disciplinary Committee decision delivered February 23, 2018 View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO: 90/2011 BETWEEN …
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The complainant, joint owner of a property to be sold and divided pursuant to a court order, complained that Attorney Don Foote, who had joint carriage of sale acting for her former husband, permitted the prospective purchaser (who never signed the Agreement for Sale) into possession and allowed structural alterations without her consent, and ignored her attorney's letters. The Disciplinary Committee found the complainant a credible witness and the Attorney's evidence self-serving and lacking credibility. Applying the criminal standard of proof, the Panel found the complaint proven beyond reasonable doubt and held the Attorney guilty of professional misconduct under Canons IV(s) and I(b). No express finding of dishonesty was made. Sanction was deferred to a separate Sanctions Hearing.
Duties found breached:
Aggravating factors:
- Put purchaser in possession without consent/knowledge of complainant (joint owner) or her attorney
- Allowed alterations to property though purchaser never signed the Agreement for Sale
- Repeated failure to respond to letters from complainant's attorney
- Conducted sale as if sole vendor was his own client, disregarding complainant's half share
- Gross discourtesy to fellow attorney throughout transaction
- Refused to rescind an agreement he knew did not exist as it was unsigned by purchaser
- Failed to submit written closing submissions despite ample opportunity
Duties engaged
Other decisions involving this respondent
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Documents
Source: https://www.generallegalcouncil.org/judgement/donovan-o-foote-complaint-no-90-of-2011/