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Bad lawyers
News
Arthur Hall | Editor | HallA@jamaicaobserver.com  
October 29, 2019

Bad lawyers

Disciplinary Committee strikes off seven attorneys and imposes fines of more than $7m

Seven attorneys-at-law were struck off the roll of those approved to practise in Jamaica last year, while one was suspended and fines totalling just over $7 million imposed on lawyers by the Disciplinary Committee of the General Legal Council (GLC).

Details of the disciplinary action against the lawyers are contained in the GLC’s annual report for the year April 1, 2018 to March 31, 2019, recently tabled in Parliament.

The attorneys struck off the roll include Jennifer Messado, who is facing criminal charges and was banned from practising locally in September last year. Messado has since filed an appeal in court against the decision.

Three other attorneys who were struck off the roll last year — Minette Lawrence, Ian Robins, and Jerome Dixon — also filed court action challenging the decision of the Disciplinary Committee.

In addition, the Disciplinary Committee imposed fines on a number of attorneys found guilty of professional misconduct in various shapes and forms, but there is no listing in the annual report of those who were penalised and how much they were fined.

The report noted that $4.1 million in fines were paid by the attorneys during the year, with $2.9 million outstanding at the end of the year. 

According to the Disciplinary Committee, 265 complaints were filed against lawyers during the 2018-2019 year which added to an estimated 859 complaints that had been brought forward from previous years.

The Disciplinary Committee said it dealt with 257 cases during its general meetings with 92 complaints settled because no prima facie case was found.  In addition, there were 161 where prima facie cases were made out and the matters sent to hearing, and four cases where the applications to withdraw the complaints were granted.

At the hearing stage, 282 complaints were addressed with 91 withdrawn, 129 dismissed and 62 upheld, leading to sanctions of some kind against the attorneys involved.

The Disciplinary Committee also reported that it implemented a computerised data base during the year and embarked on a new way of doing business with eight fixed panels for six-month periods.

“This new method of fixed panels led to a noticeable increase in the completion of matters,” the Disciplinary Committee stated in the annual report.

“Since the implementation of fixed panels, 378 complaints have been completed… We therefore have completed 263 per cent more matters [than 2017-2018] with another two months to go.

“Additionally it should be noted that for the most part complaints for which a prima facie case was found at the general meeting now have a date for hearing, except for matters filed after.

Further, as at the 31st March, 2019, most of the complaints before the general meeting are complaints filed in 2019,” reported the Disciplinary Committee, which was chaired by Daniella Gentles-Silvera.     

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