Arthur G. Kitchin

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

An elderly complainant retained Attorney Arthur Kitchin in 2000 to pursue nuisance and slander actions, paying $30,000 of an agreed $50,000 fee. The attorney failed to handle the matter with expedition and acted with inexcusable and deplorable negligence; the nuisance action was struck out in February 2008, which the complainant only discovered when her file was returned in January 2010. He also verbally abused her. Proceeding in his absence, the Disciplinary Committee found the burden of proof satisfied beyond reasonable doubt and found breaches of Canons IV(r), IV(s) and I(b). No express finding of dishonesty was made. He was suspended for one year (effective 1 August 2010), ordered to pay $30,000 restitution with 6% interest, a $20,000 fine, and $20,000 costs (total costs $46,000).

Duties found breached:

• Overriding duty to the court
• Uphold public trust in the profession
• No conflict between current clients

Aggravating factors:

• Failure to refund any part of the $30,000 fees paid
• Verbally abused the elderly Complainant causing her distress
• Client's action was struck out as a consequence of his misconduct
• Non-compliance with earlier costs orders
• Failed to attend hearings without providing a medical report