Kenneth M. Mcleod

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

Kenneth McLeod appealed against the General Legal Council's decision finding him guilty of professional misconduct for intermeddling with Mr. Rudolph Brown's funds. Counsel conceded there was no basis to challenge the finding of professional misconduct, arguing only that the punishment (striking off) was disproportionate. The Court found merit in the submission, noting evidence that purchasers were still willing to deal with the appellant despite the complaint, and set aside the striking off, substituting a two-year suspension running from 16 November 2002. No express finding of dishonesty was made. Costs of $50,000 awarded to the respondent.

Duties found breached:

• No improper use of client money

Aggravating factors:

• A report was made to the Fraud Squad
• Appellant continued a relationship with the complainant's attorneys despite the complaint to the General Legal Council
• Failed to allow his vast experience to guide him

Mitigating factors:

• Purchasers (per letter from Moncrieffe, Pantry & Betton-Small & Co. dated 16 December 1998) were still willing to treat with the appellant despite the complaint