RESULT: Struck off, Restitution ordered | Disciplinary Committee decision delivered January 25, 2020. || Guilty of Professional Misconduct | Disciplinary Committee decision delivered November 23, 2019

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FORMAL ORDER OF THE DISCIPLINARY COMMITTEE
OF THE GENERAL LEGAL COUNCIL

COMPLAINT NO: 57/2008

IN THE MATTER OF EDWARD GREEN and HOWARD LETTMAN an Attorney-at-­Law

AND

IN THE MATTER OF THE LEGAL PROFESSION ACT, 1971

PANEL:
Mr. Christopher Kelman
Ms Katherine Francis
Miss Marjorie Shaw

DECISION DELIVERED 25^TH JANUARY,2020

UPON THE APPLICATION made under section 12 (1) (a) of the Legal Profession Act and dated the 19^TH May, 2007 and sworn to on the 13th March, 2008 and coming on for hearing before the Disciplinary Committee on the 11th November, 2017; 28th April, 2018; 26th May, 2018 and 28th July, 2018

AND UPON the Respondent Attorney-at-law Howard Lettman not appearing

AND UPON the Complainant Edward Green appearing and having given evidence on oath but not appearing on the 25th January 2020, he having died, Dwight and Hortense Green appearing on his behalf and presenting Death Certificate

AND UPON DUE CONSIDERATION of the sworn evidence of Edward Green

AND UPON the Committee having found the Attorney-at-law Howard Lettman guilty of professional misconduct on the 23rd November 2019

AND UPON the Attorney having been given the opportunity to make submissions in mitigation of sanction on the 25th January 2020 to no avail

THE COMMITTEE FINDS THAT:

The Attorney Howard Lettman is guilty of professional misconduct in that, the Attorney was retained by the Complainant to act on his behalf in respect of a sale transaction and the conduct of civil matters. Having been retained the Attorney failed to stamp one of the Sale Agreement from the proceeds of sale held by him and despite collecting the balance of the proceeds of the sale failed to advance the  conclusion of either of the sale transaction, despite repeated requests from the Complainant. The Attorney has failed to account to the Complainant with respect to the monies held by him to the credit of the Complainant’s account, in breached of Canons 1 (b) and 4.

The complainant has suffered loss and put to expense because of the conduct of the Attorney.

PURSUANT TO THE FOREGOING FINDINGS THE COMMITTEE UNANIMOUSLY HEREBY ORDERS THAT: –

Pursuant to section 12 (5) (a) of the Legal Profession Act as amended:

1. The Attorney Howard Lettman is struck from the Roll of Attorneys-at-law entitled to practise in the several courts of the Island of Jamaica.
2. The Attorney is to pay by way of restitution the sum of $1,083,510.00 together with interest thereon at the rate of 6%, from the 25th January 2020 to the date of restitution.
3. Costs of $25,000.000 is awarded against the Attorney to the Council.
4. Cost of $75,000.00 is awarded against the Attorney to the Complainant’s estate.

Christopher Kelman
CHAIRMAN OF PANEL

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