Georgette May Scott

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

Georgette Scott, an attorney with carriage of sale of the complainant's apartment, received the proceeds of sale (over $2 million) but failed to pay them over, instead issuing a cheque that was dishonoured because the funds had been used to pay her own debts. The panel found she dishonestly used the client's funds for her own or others' benefit and rejected her claim that mental illness caused her conduct, finding no credible evidence linking any illness to her actions in 2004-2005. She was found guilty of professional misconduct, breaching Canons VII(b)(ii) and I(b) and the Accounts and Records Regulations. She was struck off the roll, ordered to make restitution of $750,000 plus 12% interest, and pay $50,000 costs.

Duties found breached:

• Uphold public trust in the profession
• No improper use of client money
• Accounting records, reconciliation and reports
• No baseless or threatened misconduct report

Aggravating factors:

• Used client's proceeds of sale for her own benefit or benefit of others
• Issued a cheque that was dishonoured
• Failed to keep books of account as required by regulations
• Admitted similar problems with funds belonging to other clients
• Outstanding balance of $750,000 still owed at time of decision

Mitigating factors:

• Complainant was sympathetic and sought to withdraw the complaint and asked for leniency
• Attorney made partial restitution (paid back about $1.3 million including interest)
• Attorney admitted hurting the complainant and took responsibility
• Attorney sought psychiatric treatment and appointed a Senior Counsel to supervise her firm