Michael Alexander Brown

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

Attorney Michael Brown was found guilty of professional misconduct for failing to file suit on behalf of a client injured in a 2014 motor vehicle accident, allowing the claim to become statute-barred in 2020. The Committee found inexcusable negligence but expressly no dishonesty or moral turpitude, so a suspension or striking off was not justified. Using a compensatory approach under section 12(5) of the Legal Profession Act, the Committee calculated a fine starting from $11,595,636.70, reduced 50% for contributory negligence and 35% for litigation contingencies, resulting in a fine of $3,768,581.93 paid to the Complainant, plus $300,000 costs.

Duties found breached:

• No taking unfair advantage
• Uphold public trust in the profession
• No conflict between current clients

Aggravating factors:

• No apology or remorse expressed
• No attempt to settle or make good the loss even after being found guilty
• Rejected settlement proposal and doubled down to defend the complaint
• Serious harm - Complainant (67 years old) lost his opportunity to claim compensation as claim became statute-barred; suffered chronic leg ulcer
• Represented client for seven years yet failed to file suit

Mitigating factors:

• First time found guilty of professional misconduct
• No dishonesty or moral turpitude involved
• Took some initial steps (letter to insurer, applied for police report)
• Financial responsibilities - four children and ill father
• Put in place a system at office to improve communication