Audrey Heslop-Mendez
Allegation / charges
Struck off, Restitution ordered | Disciplinary Committee decision delivered November 30, 2002. View PDF JUDGMENT OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT 41/2001 BETWEEN DERYCK MARKS (Executor of the Estate Desmond A. Marks deceased) COMPLAINANT AND …
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Attorney was retained to handle the estate of the complainant's deceased father, including probating the will and selling several properties. She collected funds (including proceeds from the sale of 7 Dillon Avenue, transfer tax monies, and money for purchasing US dollars) and failed to account for them. She admitted personal responsibility for misappropriating $600,000 and signed a document acknowledging a debt of $1,897,740.60, but made only minimal partial repayments (a £250 cheque that was dishonoured and US$4,000). The Panel found the charges proved beyond reasonable doubt, expressly found she acted dishonestly in misappropriating funds, and rejected the defence that her admissions arose from personal friendship rather than the professional relationship. She was struck off, ordered to pay restitution of $722,168.02 plus 12% interest from 1 September 1999, and costs of $75,000.
Duties found breached:
Aggravating factors:
- Abuse of fiduciary relationship and trust of a recently bereaved widow who regarded her as a daughter
- Client/beneficiaries resident abroad and particularly susceptible to abuse
- Attorney withdrew her undertaking to repay sums outstanding
- Attempted to shift blame entirely onto her former partner despite prior written admissions of personal responsibility
Duties engaged
- Honesty
- No taking unfair advantage
- Personal probity and fitness to practise
- Uphold public trust in the profession
- 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
- Diligence and timeliness
Other decisions involving this respondent
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Documents
Source: https://www.generallegalcouncil.org/judgement/audrey-heslop-mendez-complaint-no-41-of-2001/