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Court of Appeal upholds expulsion of lawyer over client's money
Monday, August 03, 2009
THE Court of Appeal on Thursday upheld a decision by the Disciplinary Committee of the General Legal Council, barring attorney Georgette Scott from practising in Jamaica.
The court said that disbarment, as opposed to suspension, was "appropriate".
"This type of behaviour by an attorney-at-law is inexcusable and unacceptable. The appropriate sanction has to be disbarment," said the 35-page written judgement.
Scott, an up-and-coming attorney who has been practising since 2000, was in October 2008 struck off the roll of attorneys-at-law entitled to practise in Jamaica, on allegation of misappropriation of a client's money, from a real estate transaction.
The committee also ordered Scott to make restitution of $750,000 to the complainant, Errol Cunningham.
Cunningham had solicited the service of Scott to handle the sale of his apartment at Sand Castle in Ocho Rios, St Ann, which was put on the market for $2 million. The sale was completed but the full amount was not turned in. A cheque given to Cunningham also bounced. Cunningham eventually filed a complaint with the General Legal Council.
Following a hearing in which Scott said that her adopted mother had inadvertently used the money from the general account, the lawyer was struck off the roll.
The disciplinary committee found, among other things, that Scott had used the money for her own use and benefit or for the benefit of another.
She subsequently filed an appeal.
The court, in its caustic judgement, said that the attorney failed in her professional duty to her client.
"The appellant must have been fully aware of the duty placed on her when she was retained by the complainant in the sale of his property. She has failed to discharge that duty.
"I can find no extenuating circumstances in this case which this court could use to vary the sentence recommended by the committee," the ruling said.
Monday, August 03, 2009
THE Court of Appeal on Thursday upheld a decision by the Disciplinary Committee of the General Legal Council, barring attorney Georgette Scott from practising in Jamaica.
The court said that disbarment, as opposed to suspension, was "appropriate".
"This type of behaviour by an attorney-at-law is inexcusable and unacceptable. The appropriate sanction has to be disbarment," said the 35-page written judgement.
Scott, an up-and-coming attorney who has been practising since 2000, was in October 2008 struck off the roll of attorneys-at-law entitled to practise in Jamaica, on allegation of misappropriation of a client's money, from a real estate transaction.
The committee also ordered Scott to make restitution of $750,000 to the complainant, Errol Cunningham.
Cunningham had solicited the service of Scott to handle the sale of his apartment at Sand Castle in Ocho Rios, St Ann, which was put on the market for $2 million. The sale was completed but the full amount was not turned in. A cheque given to Cunningham also bounced. Cunningham eventually filed a complaint with the General Legal Council.
Following a hearing in which Scott said that her adopted mother had inadvertently used the money from the general account, the lawyer was struck off the roll.
The disciplinary committee found, among other things, that Scott had used the money for her own use and benefit or for the benefit of another.
She subsequently filed an appeal.
The court, in its caustic judgement, said that the attorney failed in her professional duty to her client.
"The appellant must have been fully aware of the duty placed on her when she was retained by the complainant in the sale of his property. She has failed to discharge that duty.
"I can find no extenuating circumstances in this case which this court could use to vary the sentence recommended by the committee," the ruling said.
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