RESULT: Struck off, Restitution Ordered | Disciplinary Committee decision delivered December 12, 2020.
DECISION OF THE DISCIPLINARY COMMITTEE
OF THE GENERAL LEGAL COUNCIL
COMPLAINT NO: 38/2015
IN THE MATTER OF MELISA JOSEPH and GRACEANN CAMERON an Attorney-at-Law
AND
IN THE MATTER OF THE LEGAL PROFESSION ACT, 1971
PANEL:
Margarette Macaulay – Chairman
Ursula Khan
Christopher Kelman
HEARING DATES:
- On November 30, 2020, this panel found the Respondent guilty of professional misconduct and made the following orders that the Respondent:
- Withdrew from the Complainant’s employment without taking reasonable steps to avoid foreseeable prejudice or injury to her position and rights as her client;
- Having withdrawn from the Complainant’s employment did not promptly refund such part of the fees paid in advance as may be fair and reasonable;
- Has not provided the Complainant with all information as to the progress of her business with due expedition although she reasonably required her to do so;
- Has not dealt with the Complainant’s business with all due expedition;
- Has acted with inexcusable or deplorable negligence in the performance of her duties;
- Is in breach of Canon 1(b) which states that “An Attorney shall at all times maintain the honor and dignity of the profession and shall abstain from behaviour which tends to discredit the profession of which he is a member.
- A sanctions hearing was set for December 16, 2020 to permit the Respondent an opportunity of presenting a plea in mitigation prior to a sanction being imposed. The Complainant was present, but the Respondent failed to appear. Upon satisfying itself that the Respondent had been duly served with Notice of the hearing pursuant to Rules 21 of the Legal Profession (Disciplinary Proceedings) Rules set out under the 4 Schedule to the Legal Profession Act, having seen:
- Affidavit of Service by registered post with exhibit sworn to by Juliana Findlay, attesting to service of Notice of Hearing dated December 7, 2020;
- Affidavit of Service by email with exhibit sworn to by Janet Francis- Wright, attesting to service by email of the Notice of Hearing dated December 7, 2020 and in exercise of its discretion to proceed with the hearing in the absence of the Attorney, which is provided for under Rule 8 of the Legal Profession (Disciplinary Proceedings) Rules, the panel proceeded to impose sanction.
- The Respondent has never participated in these proceedings and the panel finds that no mitigating factor has been presented for its consideration.
- The Complainant was forced to bring these proceedings in light of the Respondent’s failure to carry out the work she was engaged to do and by her non-participation the Respondent has persisted in her refusal to account to the Complainant for her actions.
- These actions of the Respondent are unethical and have been deemed to constitute professional misconduct. They undermine the good name of the legal profession and the basis of trust in attorneys-at-law upon which legal practice is based.
- Although the Respondent has previously been struck from the roll of Attorneys, the panel finds that once again she has proven her disdain for the Canon of Ethics and for her obligations thereunder to her clients.
- In all the circumstances, it is the decision of this panel that pursuant to Section 12(4) of the Legal Profession Act:
- The Respondent, Grace Ann Cameron, is struck from the Roll of Attorneys-at-Law entitled to practice in the several Courts of the Island.
- The Attorney, Grace Ann Cameron, is ordered to make restitution to the Complainant in the sum of $40,000.00 paid to her by the Complainant in relation to obtaining a Divorce which work was not done by the Respondent.
- The Respondent is ordered to pay costs of $80,000.00 of which $30,000.00 is to be paid to the General Legal Council and $30,000.00 to the Complainant.
DATED THE 12TH DAY OF DECEMBER 2020
Margarette Macaulay – Chairman
Ursula Khan
Christopher Kelman