Decision record
Donald R. Bernard
Allegation / charges
Fined | Disciplinary Committee decision delivered June 07, 2001. View PDF REASONS AND ORDER OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT 224 of 1997 BETWEEN FRANCIS THATCHER & CO (MICHAEL ANTHONY FRANZ NEHAMMER COMPLAINANTS AND DONALD BERNARD RESPONDENT/ATTORNEY …
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
A UK firm of solicitors complained that the Attorney, retained in 1990-91 to conclude the sale of estate property in Kingston, stopped responding from July 1993 and failed to complete the sale or account for any proceeds over nearly 10 years. Proceeding on uncontested affidavit evidence (the Attorney did not appear), the Panel found breaches of Canons IV(r), IV(s) and VII(b). No express finding of dishonesty was made. As the Attorney had already been struck off in unrelated proceedings on 15 January 2000, the Panel imposed a fine of $650,000.00, directing $550,000.00 to the estate and $100,000.00 to the General Legal Council.
Duties found breached:
- Overriding duty to the court
- No improper communication with the court
- No conflict between current clients
- No improper use of client money
Aggravating factors:
- Failure to complete the sale or provide status information for almost 10 years
- Ceased responding to the Complainant's correspondence entirely from 1993
- Failed to appear at the hearing
Duties engaged
- Overriding duty to the court
- No improper communication with the court
- Disclose material information to client
- Keep client informed and respond promptly
- No conflict between current clients
- No improper use of client money
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
- Competence
- Diligence and timeliness
Other decisions involving this respondent
Matched by respondent name — may include a different person with the same name.
Documents
Source: https://www.generallegalcouncil.org/judgement/donald-r-bernard-complaint-no-224-of-1997/