Donald R. Bernard

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

The respondent attorney had carriage of sale for the complainant's property at Airy Castle. He received the proceeds, the complainant took part and left approximately $90,000 to be invested by him for accruing interest. Despite repeated requests by mail, telephone and in person, she received neither the principal nor interest, and the attorney never accounted to her. The respondent did not attend the hearing and was not represented. The Committee found no disputed facts, held him guilty of professional misconduct under s.12(1) of the Legal Profession Act, and ordered him struck off the Roll. No express finding of dishonesty was made.

Duties found breached:

• Overriding duty to the court
• No conflict between current clients
• No improper use of client money
• No baseless or threatened misconduct report

Aggravating factors:

• Failure to attend or be represented at the hearing with no apology