Donovan O. Foote

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

The complainant, joint owner of a property to be sold and divided pursuant to a court order, complained that Attorney Don Foote, who had joint carriage of sale acting for her former husband, permitted the prospective purchaser (who never signed the Agreement for Sale) into possession and allowed structural alterations without her consent, and ignored her attorney's letters. The Disciplinary Committee found the complainant a credible witness and the Attorney's evidence self-serving and lacking credibility. Applying the criminal standard of proof, the Panel found the complaint proven beyond reasonable doubt and held the Attorney guilty of professional misconduct under Canons IV(s) and I(b). No express finding of dishonesty was made. Sanction was deferred to a separate Sanctions Hearing.

Duties found breached:

• Overriding duty to the court
• Uphold public trust in the profession

Aggravating factors:

• Put purchaser in possession without consent/knowledge of complainant (joint owner) or her attorney
• Allowed alterations to property though purchaser never signed the Agreement for Sale
• Repeated failure to respond to letters from complainant's attorney
• Conducted sale as if sole vendor was his own client, disregarding complainant's half share
• Gross discourtesy to fellow attorney throughout transaction
• Refused to rescind an agreement he knew did not exist as it was unsigned by purchaser
• Failed to submit written closing submissions despite ample opportunity