Serena Elaine Byron
Allegation / charges
Fined | Disciplinary Committee decision delivered November 11, 2024. || Guilty of Professional Misconduct | Disciplinary Committee decision delivered November 30, 2023. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO: 200/2020 IN THE …
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Attorney Serena Elaine Byron, an Associate at Kinghorn & Kinghorn called to the Bar in December 2015, was found guilty of professional misconduct for acting with inexcusable and deplorable negligence (Canon IV(s)) in her handling of the Complainant's matter, including failing to research the location of missing medical reports and receipts and falling below the standard of a reasonably competent attorney. The complaint under Canon I(b) was not made out as the Complainant failed to discharge the burden of proof. The Panel fined her $500,000 payable to the Complainant and ordered costs of $300,000 ($100,000 to the General Legal Council and $200,000 to the Complainant), all payable by 11 December 2024.
Duties found breached:
Aggravating factors:
- Apparent lack of remorse and failure to appreciate the seriousness of the matter
- Previous disciplinary record
- Impact of the negligence on the Complainant's case
- Number of years in practice prior to handling the matter
Mitigating factors:
- Final judgment was obtained on the Complainant's behalf ($2,500,000 general damages and $320,277.88 special damages)
- Award exceeded the 2nd Defendant's insurance policy limit; insurer wound up and 1st Defendant's whereabouts unknown
- Complainant refused to accept the sum paid by Kinghorn & Kinghorn, which remains payable to her