RESULT: Suspended until Restitution Complete| Disciplinary Committee decision delivered June 22, 2019. || Guilty of Professional Misconduct | Disciplinary Committee decision delivered May 25, 2019.
FORMAL ORDER
OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL
COMPLAINT NO: 16/2016
IN THE MATTER OF ANTHONY E. MORGAN and HOWARD LETTMAN an Attorney-at-Law
AND
IN THE MATTER OF THE LEGAL PROFESSION ACT, 1971
PANEL:
Mr. Trevor Ho-Lyn (Chairperson)
Mr. Jeffrey Daley
Miss Marjorie Shaw
DECISION DELIVERED 22nd JUNE 2019
UPON THE APPLICATION made under section 12 (1) (a) of the Legal Profession Act and dated the 9th May,2016 and coming on for hearing before the Disciplinary Committee on the 10th February 2018, 24th March, 2018 and 29th April 2018
AND UPON the Respondent Attorney-at-law Howard Lettman not appearing
AND UPON the Complainant Anthony E. Morgan appearing and having given evidence on oath
AND UPON DUE CONSIDERATION of the sworn evidence of Anthony E. Morgan
AND UPON the Committee having found the Attorney-at-law Howard Lettman guilty of professional misconduct on the 22nd May, 2019
AND UPON the Attorney having been given the opportunity to make submissions in mitigation of sanction on the 22nd June, 2019 and not attending
THE COMMITTEE FINDS THAT:
The Attorney Howard Lettman is guilty of professional misconduct. In that, he has breached Canons 4 (r), 4(s) 7(b) (ii) and 1 (b) of the Legal Profession (Canons of Professional Ethics) Rules.
The Attorney was retained by the Complainant and his wife to act on their behalf in the purchase of property for the purchase price of Two Hundred and Fifty Thousand Dollars. The Complainant and his wife paid a deposit to the Attorney of Two Hundred Thousand Dollars towards the purchase of the property on 24th June 1994. The sale was never perfected, and the vendor is still in possession. Despite repeated request, the Attorney has not refunded the deposit paid to the Complainant after 14 years.
PURSUANT TO THE FOREGOING FINDINGS THE COMMITTEE UNANIMOUSLY HEREBY ORDERS THAT: –
Pursuant to section 12 (5) (a) of the Legal Profession Act as amended:
- The Attorney is ordered to make restitution forthwith to the Complainant and his wife in the sum of $200,000.00.
- The Attorney is suspended from practice until this sum is paid in full.
- Costs of $50,000.00 is to be paid to the Complainant and costs of $50,000.00 is to be paid to the General Legal Council.
- The costs orders are to be paid in full before the suspension is lifted.
CHAIRMAN OF PANEL
Dated 10th July 2019