RESULT: Fined | Disciplinary Committee decision delivered December 17, 2003.
FORMAL ORDER OF THE DISCIPLINARY COMMITTEE
OF THE GENERAL LEGAL COUNCIL MADE ON COMPLAINT
NO. 65 of 2000
IN THE MATTER OF ULECK DEANS vs WINSTON WALTERS
AND
IN THE LEGAL PROFESSION ACT
PANEL:
DR. ADOLPH EDWARDS – CHAIRMAN
MRS. MARGARETTE MACAULAY
MR. ALLAN WOOD
DECISION DELIVERED ON THE 17TH DECEMBER, 2003
UPON THE APPLICATION dated 26th April, 2000 made under Section 12 (1)(a) of the Legal Profession Act coming on for hearing on the 11th January, 2003
AND UPON the complainant not appearing but having attested to a full affidavit sworn to on the 261h April, 2002
AND UPON the attorney Winston Walters not appearing and the Panel being satisfied that Mr. Winston Walters had been properly served in accordance with the Fourth Schedule of the Legal Profession Act
AND UPON DUE CONSIDERATION of the sworn affidavit evidence of Mr. Uleck Deans
THE COMMITTEE FINDS the attorney Winston Walters is guilty of professional misconduct in that the complainant retained the attorney Winston Walters in June 1989 to probate the Will of Carl Dorman. The complainant who is the Executor of the said Will left the original Will with the attorney. The attorney Winston Walters has not proceeded to obtain probate of the Will nor has the will been returned to the complainant. In the circumstances the attorney has not dealt with his client’s business with all due expedition, in breach of Canon IV(g) of the Legal Profession (Canon of Professional Ethics) Rules.
PURSUANT TO THE FOREGOING FINDINGS THE COMMITTEE UNANIMOUSLY HEREBY ORDERED THAT:
- Pursuant to Section 12(5) of the Legal Profession Act Winston Walters pays a fine to the General Legal Council in the sum of $100,000.00
- When the fine is collected the sum of $80,000.0 is to be paid to the Complainant. This order is made under the provision of Section 12(4)(a) of the Legal Profession Act.
Dated 9th day of January, 2004
ADOLPH EDWARDS
CHAIRMAN OF PANEL