RESULT: Fined | Disciplinary Committee decision delivered April 04, 1992.

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DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL

ORDER

COMPLAINT NO. 77/91

In the matter of Spurgeon Reid
and Enoch Blake Attorney-at-Law

In the matter of the Legal Profession Act.

UPON THE APPLICATION DATED the 30th day of September, 1991. MADE UNDER S12(1)(a) OF THE LEGAL PROFESSION ACT coming before the Disciplinary Committee at a hearing on the 4th day of April, 1992 AND UPON DUE CONSIDERATION of the evidence and documents relating to the allegations contained in the Affidavit which accompanied the said application THE COMMITTEE FOUND that Attorney-at-Law Enoch Blake was guilty of misconduct in a professional respect.

The Committee hereby makes an Order based on the following findings·:

1. The Complainant Mr.Spurgeon Reid has given evidence of his having consulted Attorney-at-Law, Enoch Blake in 1987 the year in which the incident took place. giving rise to a civil action which was subsequently filed in January, 1989.
2. The action was filed by Mr. Blake more than a year after the incident and since the Cause of Action is against the Attorney General and the Policeman, it became statute barred a year after the incident. The Defendants have not taken the point in their pleadings but it is open to them to do so up to the time of trial and the Complainant has been exposed to this risk as a result of the failure of Mr. Blake to bring the proceedings within a year of the incident which gave rise to the Cause of Action.
3. Mr. Reid has said that he has made numerous visits to Mr. Blake and to Mr.Anderson (who was working with Mr. Blake) and was unable to obtain any information from them as to the progress of the action.
4. Finally in 1990 Mr. Blake told him that he did not wish to continue with the case. No reason was given to Mr. Reid by Mr. Blake for this decision.
5. We therefore find that Mr. Blake has acted contrary to CANONS IV (o) and (s) in that Mr. Blake:

1.  withdrew from his client’s employment without taking reasonable steps to avoid foreseeable prejudice or injury to the position and rights of his client;

PURSUANT TO THE FOREGOING FINDING the Disciplinary Committee HEREBY ORDERS:­

a) Mr. Blake be fined for such breaches under Section 12 (4) (a) in the sum of $6,000:00 of which $3,000:00 is to be paid to Mr. Reid under Section 12 (5) of the Legal Profession Act.

b) Costs of $200.00 awarded to Mr. Reid under Section 12(4) (b) of the Legal Profession Act.

DATED the 4th day of April, 1992

(Chairman of the Panel)