RESULT: Fined | Disciplinary Committee decision delivered January 29, 2005.
FORMAL ORDER OF THE DISCIPLINARY COMMITTEE
OF THE GENERAL LEGAL COUNCIL MADE ON
COMPLAINT NO. 146/2002
IN THE MATTER OF THE COMPLAINT BY WILBERN WALLACE AGAINST ARLENE BECKFORD, AN ATTORNEY-AT-LAW
AND
IN THE MATTER OF THE LEGAL PROFESSION ACT
PANEL:
MRS. PAMELA BENKA-COKER, Q.C.
MRS. GLORIA LANGRIN
MR. DAVID BATTS
DECISION DELIVERED 29TH JANUARY, 2005
UPON THE APPLICATION dated 10th July, 2002 made pursuant to section 12(1) (a) of the Legal Profession Act and coming on for hearing before the Disciplinary Committee on the 1st November, 2003, 8th November, 2003, 20th November, 2003, 10th December, 2003, 13th July, 2004.
AND UPON the complainant Mr. Wilbern Wallace appearing with his attorney-at-law Ms. Marcia Robertson and having given evidence on oath
AND UPON the attorney-at-law Ms. Arlene Beckford appearing with hr attorney Mr. Audel Cunningham and having given evidence on oath
AND UPON Eileen Ellis witness for the complainant appearing and having given evidence on oath
AND UPON DUE CONSIDERATION of the sworn evidence of Mr. Wilbern Wallace, Ms. Eileen Ellis and Ms. Arlene Beckford and having considered the submissions of Counsel appearing in the matter
THE COMMITTEE made findings of Fact set forth in its written decision dated 29m January, 2005 and decided that:
- the attorney is in breach of Canon IV(s) in failing to verify the signature prior to witnessing the document;
- the attorney in withholding information from her colleague and in pretending to have documents supportive of title when indeed she had none, acted in breach of Canon I (b);
- it is therefore right that a sufficient punishment be imposed so as to ensure that attorneys are reminded of the duty of utmost honesty when dealing with their colleagues as well as with unrepresented persons. It is also important that lawyers who witness documentation take great care when doing so to ascertain the identity of the person whose signature is being witnessed.
PURSUANT TO THE FOREGOING FINDINGS AND AFTER HEARING FURTHER SUBMISSIONS ON PUNISHMENT TO BE IMPOSED THE COMMITTEE UNANIMOUSLY ORDERED THAT:
- A fine of $250,000.00 be imposed on the attorney-at-law Arlene Beckford and that the attorney pays costs of $50,000.00 to the complainant.
Dated the 5th February, 2005
PAMELA BENKA-COKER, Q.C.
CHAIRMAN OF PANEL