Donovan O. Foote

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

The Attorney, who had joint carriage of sale of a jointly owned property to be sold under a Supreme Court order, put the proposed purchaser (Mr. Moo Young) into possession and permitted construction/alterations to the property despite the purchaser never having signed the Agreement for Sale and without the consent of the complainant joint owner or her attorney. He conducted the sale as though his client (the former husband) was the sole vendor, failed to respond to the complainant's attorney's letters, refused to rescind a non-existent (unsigned) agreement, and acted with gross discourtesy. The Panel found the complainant credible and the Attorney's evidence self-serving and lacking credibility. Applying the criminal standard (beyond reasonable doubt), it found the complaint proven and the Attorney guilty of professional misconduct under Canons IV(s) and I(b). No express finding of dishonesty was made; the conduct was characterized as inexcusable/deplorable negligence. Sanction deferred to a separate hearing.

Duties found breached:

• Overriding duty to the court
• Uphold public trust in the profession

Aggravating factors:

• Attorney failed to submit written closing submissions despite ample opportunity
• Conduct caused irreversible structural alterations to the property
• Gross discourtesy to fellow attorney and disregard for the joint owner's rights