RESULT: Fined | Disciplinary Committee decision delivered July 27, 2019. || Guilty of Professional Misconduct | Disciplinary Committee decision delivered March 16, 2019.
FORMAL ORDER
OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL
COMPLAINT NO: 211/2017
IN THE MATTER OF DIANA MARIE SANG-SCOTT and GEORGE ANTHONY LEVY an Attorney-at-Law
AND
IN THE MATTER OF THE LEGAL PROFESSION ACT, 1971
PANEL:
Mrs. Ursula Khan
Mrs. Tana’ania Small Davis
Mr. Kevin Powell
SANCTION DECISION DELIVERED 27th JULY 2019
UPON THE APPLICATION made under section 12 (1) (a) of the Legal Profession Act and dated the 21st June 2017 coming on for hearing before the Disciplinary Committee on the 28th July 2018, 19th February 2019, 28th February 2019 and 16th March 2019
AND UPON the Complainant Mrs. Diana Sang Scott appearing by Video Link and having given evidence on oath
AND UPON the Respondent Attorney-at-law Mr. George Levy not appearing
AND UPON DUE CONSIDERATION of the sworn evidence of the Complainant
AND UPON the Committee having found the Attorney-at-law Mr. George Levy guilty of professional misconduct on the 16th March 2019
AND UPON the Attorney having given the opportunity to make submissions in mitigation on sanction on the 27th July 2019 to no avail
THE COMMITTEE FINDS THAT:
Attorney George Levy is guilty of professional misconduct as per Canon 1 (b) in that the Attorney having acted as both Executor and Attorney-at-law in the estate of Roy E. Sang and for the vendor in the sale of 27 Roehampton Drive, the Attorney has not provided the Complainant or her Attorney any accounts, nor has he paid her claim despite receipt of the releases as he agreed to do in exchange for the releases. In his capacity as Executor qua Attorney-at-law as a result of his dual role of Executor and Attorney for the Executor, the Attorney was duty bound to account to the estate for the net proceeds of sale of the deceased’s real estate after deduction of expenses and any fees incidental to the sale. The Complainant’s claim remains unsettled. the estate has not been accounted for and beneficiaries have not been paid.
The Attorney has breached Canon 1 (b) of the Legal Profession (Canons of Professional Ethics) Rules.
PURSUANT TO THE FOREGOING FINDINGS THE COMMITTEE UNANIMOUSLY HEREBY ORDERS THAT: –
Pursuant to section 12 (5) (a) of the Legal Profession Act:
- The Attorney is fined the sum of $500,000.00 which is to be paid into the office of the General Legal Council on or before 31st October 2019.
- The Attorney is to pay on or before 30th September 2019 costs of $260,000.00 of which $60,000.00 is to the Complainant.
CHAIRMAN OF PANEL
Dated 30th July 2019