Malcolm Rowe

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

Attorney Malcolm Rowe was retained in 2005 to sell the complainant's sister's house under a power of attorney. He received a deposit of $3,600,000 from the purchaser but his statement only accounted for $1,186,235 in expenditure, yet he paid the complainant only $150,000 and also failed to account for $20,000 paid by a tenant. The balance of the purchase price was paid directly to the complainant by the bank in 2007. Rowe failed to attend either hearing despite adequate notice. The panel found beyond reasonable doubt that Rowe breached Canon IV(r) and Canon VII(b)(ii) and, applying Weston v Law Society, treated dishonesty in relation to client money as warranting near-automatic striking off. He was ordered to make restitution of $2,263,765 plus 12% interest, struck off the Roll, and ordered to pay costs.

Duties found breached:

• No conflict between current clients
• No improper use of client money

Aggravating factors:

• Failure to account for client money
• Attorney absent from both hearings despite adequate notice
• Conscious and deliberate actions eroding public confidence in the profession