Michael Alexander Brown

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

The Attorney was retained in 2014 to pursue a personal injury claim for Vivian Robinson arising from a March 2014 motor vehicle accident. Despite possessing three medical reports and sufficient information, the Attorney never filed suit and the claim became statute barred on 24 March 2020. He never advised the client of the limitation period or its consequences, failed to communicate the insurer's 50/50 settlement offer, and failed to keep the complainants updated over seven years. The Committee rejected his excuses (inadequate medical reports and inability to locate the client to sign the Claim Form), finding he could have filed based on the earlier reports and certified the Claim Form himself under CPR Rule 3.12(4). The Committee found the conduct amounted to inexcusable and deplorable negligence and found him in breach of Canons IV(s), IV(r) and I(b). No dishonesty was alleged or found. Sanction was deferred pending submissions from the parties.

Duties found breached:

• Overriding duty to the court
• Uphold public trust in the profession
• No conflict between current clients

Aggravating factors:

• Attorney had the matter for approximately seven years (2014-2021) without filing suit
• Attorney had sufficient information and three medical reports before the limitation period expired
• Failed to advise client of the limitation period and consequences of not filing
• Failed to advise client of the 50/50 settlement offer from the insurer
• Client lost his right to pursue compensation for serious personal injuries as a result