Donald Alexander Gittens

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

The Attorney was retained for a child custody application. The Panel found he acted with due expedition in preparing and filing the Fixed Date Claim Form within 15 days, but thereafter failed to respond to the Complainant's numerous emails, calls and texts between 31 January 2012 and 17 April 2012 (71 days), and failed to pursue an affidavit of urgency or advise whether information provided was sufficient. This breached Canon IV(r) and constituted professional misconduct under Canon VII. The complaints of failing to account (the retainer was paid to establish seriousness of the claim, not on account of fees) and of deplorable/inexcusable negligence were not established. No express finding of dishonesty was made. The Attorney was reprimanded.

Duties found breached:

• No conflict between current clients
• No baseless or threatened misconduct report

Aggravating factors:

• The matter concerned an application for custody of a young (7-year-old) mentally challenged child requiring urgency

Mitigating factors:

• Acted with reasonable haste/due expedition in initially preparing and filing the custody documents within 15 days of retainer
• Evidence as to good character and reputation from Queen's Counsel Mr. Ransford Braham
• Submissions as to reputational harm to the Attorney
• Following established jurisprudence (Brown and Gardner) for consistency of sanction