Decision record
Arthur G. Kitchin
Allegation / charges
Struck off, Restitution Ordered | Disciplinary Committee decision delivered June 23, 2012. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL IN THE MATTER of a Complaint against Arthur Kitchin AND IN THE MATTER of a …
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Respondent attorney acted for a vendor in a real estate sale, received the full purchase price of $1,800,000, but after paying $1m failed to pay over the balance or account to the client for over 8 years. The Committee found he acted dishonestly and abused the trust reposed in him, breaching Canons I(b), IV(r), IV(s) and VII(b)(ii). His name was struck off the Roll and he was ordered to make restitution of $601,500.22 plus interest, plus costs of $30,000 to the Complainant and $60,000 to the General Legal Council.
Duties found breached:
- No taking unfair advantage
- Uphold public trust in the profession
- No conflict between current clients
- No improper use of client money
Aggravating factors:
- Transaction not completed and balance unpaid more than 8 years after retainer
- Breach of trust reposed by client
- Broke solemn assurances to bring cheque for the balance to hearings
- Failed to render proper account
Mitigating factors:
- History of substance abuse and illness affecting ability to practice
- Kidnapping ordeal and post-traumatic stress
⚠ figures not found verbatim in the source were dropped: ["unverified_costs_amount=90000"]
Duties engaged
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Documents
Source: https://www.generallegalcouncil.org/judgement/arthur-g-kitchin-complaint-no-132-of-2009/