RESULT: Suspended, Restitution Ordered | Disciplinary Committee decision delivered July 15, 2019. || Guilty of Professional Misconduct | Disciplinary Committee decision delivered June 27, 2019.

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FORMAL ORDER
OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL

COMPLAINT NO: 42/2013

IN THE MATTER OF JOSCELYN MASSOP and KEITH JARRETT an Attorney-at-­Law

AND

IN THE MATTER OF THE LEGAL PROFESSION ACT, 1971

PANEL:
Mrs. Judith Cooper-Batchelor – Chairman
Mrs. Tana’ania Small Davis
Mr. Jeffrey Daley

DECISION DELIVERED 13th JULY 2019

UPON THE APPLICATION made under section 12 (1) (a) of the Legal Profession Act and dated the 28th February, 2013 and Form of Affidavit sworn to on the 28th February, 2013 and coming on for hearing before the Disciplinary Committee on the 21st July, 2018, 22nd September, 2018, 20th October, 2018 and 10th November, 2018.

AND UPON the Respondent Attorney-at-law Mr. Keith Jarrett appearing and having given evidence on oath

AND UPON the Complainant Mr. Joscelyn Massop appearing with his Counsel Mr. Anthony Williams and having given evidence on oath

AND UPON DUE CONSIDERATION of the sworn evidence of Mr. Joscelyn Massop coupled with the submissions of Counsel for the Complainant and the submissions of the Respondent

AND UPON the Committee having found the Attorney-at-law Mr. Keith Jarrett guilty of professional misconduct on the 27th June, 2019

AND UPON the Attorney having been given the opportunity to make submissions in mitigation of sanction on the 13th July, 2019 to no avail

THE COMMITTEE FINDS THAT:
The Attorney Keith Jarrett is guilty of professional misconduct in that, the Attorney was retained by the Complainant to act for him after he was involved in a motor vehicle accident. The Attorney’s failure to follow up with the Attorney whom he asked to attend Case Management Conference resulting in judgment in default being entered against the Complainant on the adjourned date. An application to set aside the said Default Judgment was not made in a timely manner, despite service of the Default Judgment on the Attorney on 23rd January 2008. The Attorney did not keep the Complainant abreast of his matter and because of this, the Complainant did not attend the Case Management Conferences and Pretrial Reviews. The Complainant says that he made enquiries of the Attorney about the progress of his matter from time to time and was assured that everything was going well. In consequence thereof, the Attorney is in breach of Canons IV (r) and (s) 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 as amended:

1. The Attorney Keith Jarrett is suspended from practise for a period of six months commencing 13th July, 2019.
2. The Attorney Keith Jarrett is to pay the sum of Four Million Dollars ($4,000,000.00) on or before the 31st January 2020 to the Complainant.
3. Costs in the sum of One Hundred And Fifty Thousand Dollars ($150,000.00) to be paid by the Attorney, Keith Jarrett to the Complainant on or before 31st January, 2020.

CHAIRMAN OF PANEL

Dated 15th July, 2019