Derrick J. Darby

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Attorney Derrick Darby was retained to handle the sale of two properties. On Lot 551 Trout Way, he lodged to his own account a cheque payable to the complainant (endorsed with a signature purporting to be hers) and failed to pay it over until after she contacted the police and his bank; he eventually repaid via two cheques. On Lot 705 Marlin Way, he collected a $400,000 deposit but failed to pay over the full balance ($98,260) after the clients changed lawyers. The committee, applying the criminal standard, found him a credible complainant and found Darby acted with inexcusable/deplorable negligence, failed to account, and breached Canon 1(b). He was struck off, ordered to pay restitution of $98,260 with 12% interest, and costs of $25,000. The committee made no express finding of dishonesty.

Duties found breached:

• No taking unfair advantage
• Uphold public trust in the profession
• No improper use of client money
• Prompt accounting and return of money

Aggravating factors:

• Attorney did not respond or appear despite proper service
• Lodged a cheque payable to the client to his own account, endorsed with a signature purporting to be hers
• Repayment only made after complainant involved police and the bank

Mitigating factors:

• No money remains owing on the Trout Way transaction (repaid)