RESULT: Repayment Ordered, Already Struck off | Disciplinary Committee decision delivered December 03, 2005.
FORMAL ORDER OF THE DISCIPLINARY COMMITTEE
OF THE GENERAL LEGAL COUNCIL MADE ON
NO. 54 OF 2001
IN THE MATTER OF OSMOND BROWN vs NOEL WILLIAMS
AND
IN THE MATTER OF THE LEGAL PROFESSION ACT
PANEL:
MR. ALLAN WOOD – CHAIRMAN
MRS. MARGARETTE MACAULAY
MR. DAVID JOHNSON
DECISION DELIVERED 3rd DECEMBER, 2005
UPON THE APPLICATION dated 1st January, 2001 made under section 12(1)(a) of the Legal Profession Act and coming on for hearing before the Disciplinary Committee on the 3rd December, 2005
AND UPON THE COMPLAINANT Osmond Brown appearing and having given evidence on oath
AND UPON the Attorney-at-law Mr. Noel Williams not appearing
AND UPON DUE CONSIDERATION of the evidence of Mr. Osmond Brown
THE COMMITTEE FINDS THAT the Attorney-at-law Noel Williams is guilty of professional misconduct in that on hearing the evidence of the Complainant the Panel finds that the Attorney-at-law Noel Williams received the sum of $13,000.00 for and on behalf of the Complainant and failed to pay over the sum to him despite repeated promises to do so. The attorney Noel Williams has acted in a manner which is discreditable to the Legal Profession in breach of Canon I(b) and has failed to account for the said sum of $13,000.00 in breach of Canon VII (b) of the Legal Profession (Canons of Professional Ethics) Rules. The Attorney Noel Williams was previously struck off in an unrelated complaint. The failure to account in this case merits similar sanction, however because the attorney has already been struck off the Panel regards it as unnecessary to make such an order.
PURSUANT TO THE FOREGOING FINDINGS, THE COMMITTEE UNANIMOUSLY HEREBY ORDERED THAT:
- The Attorney Noel Williams to pay to the complainant the sum of $13,000.00 with interest thereon at the rate of 12 per cent per annum from the 1st June, 2001 to date of payment.
- The Attorney Noel Williams is also ordered to pay costs to the Complainant in the sum of $15,000.00 .
Dated 16th day January, 2006
ALLAN WOOD
CHAIRMAN OF PANEL