Decision record
Randle Wayne Howarth
Allegation / charges
Rule 3-7.1 Consent Agreement
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Randle W. Howarth, a sole practitioner called in 1978, entered a Rule 3-7.1 consent agreement approved February 15, 2023. He admitted professional misconduct arising from a sawmill investment venture: improperly using his trust account to move $776,305.97 without providing substantial legal services, improperly receiving $96,907 in suspicious cash without inquiries, depositing personal funds into trust, acting in a conflict of interest, and making inaccurate/misleading statements to the Law Society in Trust Reports, Annual Practice Declarations, and a complaint response. No express finding of dishonesty was made; conduct was characterized as rooted in inattention. He agreed to a 10-week suspension commencing March 15, 2023.
Duties found breached:
- Not mislead third parties or opponents
- No conflict between current clients
- No improper use of client money
Aggravating factors:
- Serious misconduct engaging several professional conduct issues
- Repetitive and lengthy instances of misconduct
- Significant amount of funds moved through trust account
- Prior conduct record (June 2021 Conduct Review for similar misconduct, though post-dating this conduct)
Mitigating factors:
- Invested $124,000 of his own funds trying to keep sawmill afloat and lost entire investment
- No evidence of any crime or fraud committed or facilitated via the trust account
- Conduct rooted in inattention rather than intention
- Full cooperation, admission of misconduct, and consent to suspension