Trevor M.A. Malcolm

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

A salaried attorney employed by the firm of Robinson, Phillips & Whitehorne received moneys on the firm's behalf in 18 client matters totaling $4,750.00 and failed to account for them. He resigned after the first transaction was discovered; the remaining 17 were discovered by the firm after his departure. The respondent admitted all allegations were true and correct, claiming he intended to repay as an unauthorised loan, but the Committee rejected this mitigation. The Committee found his conduct dishonest, dishonourable and disgraceful and found him guilty of professional misconduct. His name was struck off the Roll and he was ordered to pay $4,750.00 restitution.

Duties found breached:

• Uphold public trust in the profession
• Good faith and courtesy to colleagues

Aggravating factors:

• All 18 transactions were discovered by the firm rather than disclosed by the respondent
• Respondent resigned and left the firm without divulging the unaccounted-for sums for all but the first transaction

Mitigating factors:

• Counsel made a comprehensive, candid plea in mitigation
• Respondent admitted all allegations
• Respondent claimed he always intended to repay the sums (treated as an unauthorised loan) - rejected by the Committee