RESULT: Restitution ordered, Already Struck off | Disciplinary Committee decision delivered September 18, 2010.
FORMAL ORDER OF THE DISCIPLINARY COMMITTEE
OF THE GENERAL LEGAL COUNCIL MADE ON COMPLAINT
NO 63 OF 2006
IN THE MATTER OF ALBERT WHITE v ANTONNETTE HAUGHTON-CARDENAS
AND
IN THE MATTER OF THE LEGAL PROFESSION ACT 1971
PANEL:
MR. ALLAN S. WOOD, Q.C.
MR. JEROME LEE
MR. DAVID BATTS
DECISION DELIVERED ON THE 18th SEPTEMBER 2010
UPON THE APPLICATION dated 11th November 2009, made under section 12(1)(a) of the Legal Profession Act coming on for hearing before the Disciplinary Committee on the 5th June 2010;
AND UPON the Respondent, Attorney-at-Law, Mrs. Antonnette Haughton-Cardenas not appearing
AND UPON the Complainant, Mr. Albert White and Mrs. Diana Bernard-White appearing
AND UPON DUE CONSIDERATION of the evidence of Mr. Albert White;
THE COMMITTEE FINDS that the Attorney, Mrs. Antonnette Haughton-Cardenas acted for the Complainant, Mr. Albert White in a claim against the Office of Disaster Preparedness and others. That judgment was entered on his behalf for the payment of the sum of $2,314,760.00. In settlement of the judgment debt, the Complainant paid to the Attorney, Mrs. Haughton-Cardenas $2,920,450.47 by cheque dated 27th March 2009. The Attorney, Mrs. Haughton-Cardenas failed to pay over the proceeds of the cheque to the Complainant.
On 11th May 2009, the Attorney, Mrs. Haughton-Cardenas made statements admitting that she could not pay over the proceeds of the cheque to the Complainant and gave excuses that someone had broken into her office. To date nothing has been paid to the Complainant.
In breach of Canon VII (b), the Panel finds that the Attorney has failed to account to the Complainant for money in hand for the account of the Client when reasonably required to do so. The Attorney has breached Canon I (b) of the Canons of Professional Ethics Rules and has failed to maintain the honour and dignity of the profession of which she was a member. The Attorney, Mrs. Antonnette Haughton-Cardenas has already been struck off the roll in an unrelated Complaint and so it is not necessary to make a further striking off order, notwithstanding that such an order is quite clearly appropriate.
The Attorney, Mrs. Antonnette Haughton-Cardenas had been engaged under a retainer, which entitled her to retain one-third ofthe sum collected.
PURSUANT TO THE FOREGOING FINDINGS, THE COMMITTEE UNANIMOUSLY HEREBY ORDERED THAT:
- By way of Restitution, Mrs. Antonnette Haughton-Cardenas is to pay to the Complainant, Mr. Albert White, $1,946,966.98, together with interest thereon at the rate of 8% from the 1st day of April 2009, to the date of payment.
- The Attorney, Mrs. Antonnette Haughton-Cardenas is to pay costs to the Complainant, Mr. Albert White, in the sum of $10,000.00.
DATED: 8th November 2010
ALLAN S. WOOD, Q.C.
CHAIRMAN OF THE PANEL