RESULT: Fined | Disciplinary Committee decision delivered June 19, 2021. || RESULT: Guilty of Professional Misconduct, Fined | Disciplinary Committee decision delivered June 19, 2021.
FORMAL ORDER OF THE DISCIPLINARY COMMITTEE OF
THE GENERAL LEGAL COUNCIL MADE ON
COMPLAINT NO: 138/2020
IN THE MATTER OF ZURI DJAN and JACQUELINE MINTO an Attorney-at-Law
AND
IN THE MATTER OF THE LEGAL PROFESSION ACT, 1971
PANEL:
Mrs. Daniella Gentles-Silvera – Chairman
Mr. Pierre Rogers
Mr. Seyon Hanson
DECISION DELIVERED ON THE 19TH JUNE 2021
UPON THE APPLICATION made under section 12 (1) (a) of the Legal Profession Act and dated the 1st September 2020 along with supporting Affidavit sworn to on the 1st September, 2020 and coming on for hearing before the Disciplinary Committee on the 10th April 2021, 5th June, 2021 , and 19th June, 2021
AND UPON the Complainant Zuri Djan appearing with her witnesses Michael Grignon and Robert Grignon and having given sworn evidence on oath
AND UPON the Attorney-at-Law Jacqueline Marie Minto not appearing
AND UPON DUE CONSIDERATION of the sworn evidence of the Complainant and her witnesses coupled with her documentary evidence
AND UPON the Committee finding the Attorney Jacqueline Marie Minto guilty of professional misconduct on the 19th June 2021
THE COMMITTEE FINDS THAT:
The Attorney is guilty of professional misconduct pursuant to section 12(1)(a) of the Legal Profession Act.
The Attorney Jacqueline Minto was retained in 2016 to administer the estate of the Complainant’s parents to obtain Grants of Letters of Administration as both parents had died intestate.
The estate consists of two properties, one at Paradise Acres and the other at Hart Street in Montego Bay. All documents in relation to Ms. Minto administering the estates were given to her on 13th September 2016 including the title to Hart Street property. Ms. Minto of the property until the Complainant and her brothers in June of the following year had to ask back for their documents which led to the Complainant losing out on two sales of the said property and to date they still have not received the title for the Hart Street property.
The Attorney is therefore in breach of Canons IV(r), VII(ii) and I (b) of the Legal Profession (Canons of Professional Ethics) Rules.
PURSUANT TO THE FOREGOING FINDINGS THE COMMITTEE UNANIMOUSLY HEREBY ORDERED THAT: –
Pursuant to Section 12 (4) of the Legal Profession Act:
- The Respondent Jacqueline Minto is fined the sum of $200,000.00 which is to be paid to the Complainant.
- The Attorney, Jacqueline Minto shall pay costs in the amount of $140,000.00 of which $70,000.00 is to be paid to the Complainant and $70,000.00 to the General Legal Council.
- The fine and costs are to be paid on or before July 19, 2021.
Mrs. Daniella Gentles-Silvera
CHAIRMAN OF PANEL