D Marjorie Rose: Complaint No. 27 of 1991

Posted on by July 5, 2024

RESULT: Struck off, Restitution ordered | Disciplinary Committee decision delivered March 14, 1992.

View PDF

DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL
ORDER
COMPLAINT NO. 27/91

In the matter of Elsa McGann
and D. Marjorie Rose Attorney-at-Law.

In the matter of the Legal Profession Act.

UPON THE APPLICATION DATED the 16th day of April, 1991 MADE UNDER S12(1)(a) OF THE LEGAL PROFESSION ACT coming before the Disciplinary Committee at a hearing on the 14th day of March, 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 D. Marjorie Rose was guilty of misconduct in a professional respect. The Committee hereby makes an Order based on the following findings:

  1. The Respondent as Attorney for the complainant gave a cheque in respect of purchase moneys payable to the complainant which was on presentation to the Bank on which it was drawn dishonoured for insufficiency of funds in the Attorney’s account and despite demands she has failed to make good the said sum to the complainant.
  2. The respondent was duly notified of the hearing of the proceedings for the 19th October, 1991.
  3. The relevant facts were never disputed by the Respondent.
  4. The evidence of the Complainant stands uncontradicted.

The Disciplinary Committee finds that the conduct of the Attorney-at-Law is dishonest, dishonourable and disgraceful and such as tends to discredit the profession of which she is a member.

PURSUANT TO THE FOREGOING FINDING the Disciplinary Committee HEREBY ORDERS:­

  1. That the name  of Attorney-at-Law, D.  MARJORIE ROSE be struck off the Roll of Attorneys-at-Law.
  2. That the said Attorney-at-Law pay to the Complainant the  sum of $19,210.88 by way of restitution.
  3. Costs of $500.00

Dated 14th March, 1992

(Chairman of the Panel)

Filed with the Registrar of the Supreme Court by Barbara Hall Secretary of the Disciplinary Committee of the General Legal Council, 78 Harbour Street in the Parish of Kingston, in accordance with the Legal Profession Act.

Your comments...