Lancelot A. St. Martin Cowan

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

C.O.K Sodality Credit Union complained that attorney Lancelot Cowan breached his professional undertakings. Cowan gave undertakings (letters of 8 December 2011 and 1 March 2012) to pay $1,500,000 plus interest and $675,000 from sale proceeds of a client's property, and to deliver the duplicate Certificate of Title to the Complainant if the sale fell through. The Complainant disbursed the loan relying on the undertakings. The sale was never completed, Cowan did not pay or deliver the title, and he had handed the title back to his client. The Panel found beyond reasonable doubt that he was guilty of professional misconduct under Canon VI(d). No express finding of dishonesty was made (the Panel noted dishonourable conduct need not be proven). No sanction was imposed; a mitigation hearing was directed before sanctioning.

Duties found breached:

• Report serious misconduct of others

Aggravating factors:

• Parted with possession of the Duplicate Certificate of Title by handing it to his client despite his undertaking
• Failed to inform the Complainant that the sale transaction was in jeopardy or had been aborted
• Failed to respond to demands for payment or return of the title
• Caused the Complainant prejudice/loss, leaving the debt unsecured
• Delayed and failed to file affidavit in response within required time and filed no written submissions