Sean Garvin Moses Osbourne

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

The Attorney was retained by the Complainant for three proposed property purchases (Mountain View, Ebony Vale, and Hampton Green), none of which completed. The Complainant paid $547,500.00 into his client account ($100,000.00 retainer and $447,500.00 deposit for Ebony Vale). The Attorney transferred the full $547,500.00 from his trust account as fees without client agreement and with no proper basis (he could at most have claimed a $100,000.00 lien). He delivered no final statements of account and returned no funds despite reasonable requests. The Panel found him guilty of breaching Canon VII(b)(ii) (failure to account). It expressly found the conduct did NOT rise to the level of dishonesty warranting striking off. Sanction: reprimand, restitution of $447,500.00, a fine of $100,000.00, and costs of $100,000.00.

Duties found breached:

• No improper use of client money

Aggravating factors:

• Seriousness of conduct: disregard for provisions of the Legal Profession Act regarding charging of fees and dispute resolution
• Transferred $547,500.00 from his trust account as fees without proper basis and without client agreement
• Failed to return any sums to the Complainant despite reasonable requests
• Doubtful remorse - failed to apologize to the Complainant who was present at the hearing

Mitigating factors:

• Junior attorney with less than ten years of experience at the Bar at the time of the breach
• Undertook a Masters in Business Administration improving understanding of professional duties and law office management
• Public service contributions (tutoring at university, giving back to his high school)
• Offered an apology (though not to the Complainant)