Arthur G. Kitchin

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

Attorney Arthur Kitchin was retained in 2000 to pursue nuisance and slander actions for the complainant, who paid $30,000 of a $50,000 fee. He failed to prosecute the matter with due expedition; the nuisance action was struck out in February 2008, though the client only learned of this in January 2010. He also verbally abused the elderly complainant. The Panel, proceeding in his absence, found breaches of Canons IV(r), IV(s) and I(b) proven beyond reasonable doubt (no express dishonesty finding). He was suspended for one year, ordered to make restitution of $30,000 with interest, fined $20,000 (to be paid to the complainant), and to pay costs totalling $46,000.

Duties found breached:

• Overriding duty to the court
• No conflict between current clients

Aggravating factors:

• Client's action struck out due to attorney's negligence
• Failure to refund any part of the $30,000 fees paid despite not discharging duties
• Verbal abuse of the elderly complainant causing distress
• Non-compliance with earlier costs orders
• Repeated non-attendance without cogent medical justification