Donald Alexander Gittens

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

The Complainant retained the Attorney for a custody application for her special needs child and paid a retainer of $88,125. The Attorney filed the court documents promptly but then failed to respond to the client's numerous emails, calls and texts for about 71 days regarding an affidavit of urgency to expedite the hearing. The Panel found the Attorney guilty of professional misconduct for breaching Canon IV(r) by failing to advise the client of the progress of her matter with due expedition. The complaints of failing to account (the retainer was to establish seriousness of claim, not held on account) and inexcusable/deplorable negligence were not established. No dishonesty was found. The Attorney was reprimanded, consistent with the Brown and Gardner decision.

Duties found breached:

• No conflict between current clients
• Report serious misconduct of others

Aggravating factors:

• Matter concerned an urgent custody application for a 7-year-old special needs child
• Failed to communicate with client for approximately 71 days despite numerous emails, calls and text messages

Mitigating factors:

• Character and reputation evidence from Queen's Counsel Mr. Ransford Braham
• Attorney acted with due expedition in initially preparing and filing court documents
• Complainant was gracious