Mark William Sager

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

Mark William Sager, called in 1991, admitted professional misconduct under Rule 4-29 relating to his handling of the estate of his former client and friend OM. He prepared a 2010 will naming himself trustee with discretion to use estate funds to travel to England without ensuring OM had independent legal advice (conflict of interest), improperly withdrew $44,800 in executor's fees and $26,790.81 in care/management fees without beneficiary releases or court approval, failed to maintain adequate records and account to beneficiaries, and lost contact with the four residual charitable beneficiaries for about nine years. No express finding of dishonesty was made; expense over-charges were described as mistakes. The matter resolved via an accepted Rule 4-29 proposal under which Sager undertook for two years from April 1, 2024 not to practise law, not to seek reinstatement, not to handle fiduciary property or work for a firm without consent, and to resign from fiduciary roles; he is treated as having ceased membership due to disciplinary proceedings and faces a mandatory credentials hearing if he seeks reinstatement. He voluntarily repaid $40,857.66 to the estate, which a court ordered distributed to the four charities.

Duties found breached:

• Accounting records, reconciliation and reports
• Continuity and handover of representation
• No conflict between current clients
• No improper use of client money

Aggravating factors:

• Lengthy period of misconduct (2010–2020)
• Took fees and travel/personal expenses from estate funds without beneficiary or court approval
• Failed to maintain proper records and reimbursed himself based on quotes rather than receipts

Mitigating factors:

• Admission of professional misconduct under Rule 4-29 and Agreed Statement of Facts
• Voluntarily repaid $40,857.66 to the estate
• Court (Master Vos) passed his accounts on August 3, 2023
• Did not charge professional fees for his numerous trips to visit and care for beneficiary FM
• Expense errors characterized as mistakes rather than dishonest