Serena Elaine Byron

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

The Complainant alleged her attorney (Respondent) acted with inexcusable/deplorable negligence (Canon IV(s)) and breached Canon I(b) by failing to properly prepare and present her assessment of damages, omitting key receipts and medical reports (notably Dr. Rose's report showing 9% impairment), resulting in a lower award. The Panel preferred the Complainant's evidence, found the Respondent an unreliable witness, and held that despite being assigned the file since 2019 she failed to prepare, meet the client, or recover missing documents. It found the Respondent guilty of breaching Canon IV(s) but found the Canon I(b) charge not proven. No express finding of dishonesty was made. Sanction was deferred pending submissions.

Duties found breached:

• No taking unfair advantage

Aggravating factors:

• Respondent had been assigned the file since 2019 with ample time to prepare
• Put on actual notice of deficiencies by documents in the file and by the client's concerns
• Failed to use the pre-hearing meeting to review the file with the client
• No attempt to contact doctors to recover missing reports/receipts
• Failure adversely affected the client's award of damages

Mitigating factors:

• File and document bundles had been prepared before her employment at the firm
• She received the physical file only days before the hearing
• She did obtain a final judgment awarding $2,500,000 general and $320,277.88 special damages