Appeal and cross-appeal of penalty for misappropriation dismissed; permission to surrender licence upheld.
The Lawyer appealed a Hearing Division decision permitting him to surrender his licence for professional misconduct involving the misappropriation of trust funds.
He argued the panel misapplied the exceptional circumstances test and should have imposed a suspension.
The Law Society cross-appealed, arguing the panel erred in not revoking the licence.
The Appeal Division dismissed both the appeal and cross-appeal, finding no error in principle or palpable and overriding error.
The panel properly considered the Lawyer's experience of anti-Black racism and other mitigating factors, concluding they justified permission to resign but not a suspension.
