Lancelot A. St. Martin Cowan: Complaint No. 39 of 2019 – Formal Order

RESULT: Restitution ordered | Disciplinary Committee decision delivered October 23, 2021. || Guilty of Professional Misconduct | Disciplinary Committee decision delivered July 10, 2021.

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FORMAL ORDER
OF THE DISCIPLINARY COMMITTEE

OF THE GENERAL LEGAL COUNCIL

COMPLAINT NO: 39/2019

IN THE MATTER OF MURDELL CHAMBERS-WATSON and LANCELOT COWAN an Attorney-at-­Law

AND

IN THE MATTER OF THE LEGAL PROFESSION ACT, 1971

PANEL:
Mr. Trevor HoLyn – Chairman
Mr. Dane Marsh
Mrs. Nadine Guy

DECISION DELIVERED 23rd OCTOBER 2021

UPON THE APPLICATION made under section 12 (1) (a) of the Legal Profession Act and dated the 28th January 2019 along with supporting Affidavit sworn to on the 28th January 2019 and coming on for hearing before the Disciplinary Committee on the 6th June 2020, 18th July 2020, 5th September 2020, 19th September 2020, 10th November 2020, 12th January 2021, 12th May 2021 and 10th July 2021,

AND UPON the Attorney-at-law Lancelot Cowan (herein after called “the Attorney”) appearing with Counsel Lorenzo Eccleston,

AND UPON the Complainant Murdell Chambers-Watson (herein after called “the Complainant”) appearing with Counsel Trevor Cuff,

AND UPON both the Complainant and Attorney having given evidence on oath,

AND UPON DUE CONSIDERATION of the sworn evidence of both the Complainant and the Attorney coupled with documentary evidence and written submissions submitted by Counsel for both parties,

AND UPON the Attorney having been found guilty of professional misconduct on 10111 July 2021,

AND UPON Counsel for the Attorney making oral submissions in mitigation on 23’d October 2021 and further submission for stay of execution,

THE COMMITTEE FINDS THAT:

The Attorney has breach Canon Vll (b) (ii) of the Legal Profession (Canons of Professional Ethics) Rules in that the Attorney has not accounted to the Complainant for all monies in his hands for her account or credit, although she has reasonably required him to do so. The Attorney is also in breach of Canon 1 (b) which states, “An Attorney shall at all times maintain the honour and dignity of the profession and shall abstain from behaviour which may tend to discredit the profession of which he is a member”.

PURSUANT TO THE FOREGOING FINDINGS THE COMMITTEE UNANIMOUSLY HEREBY ORDERS THAT: – Pursuant to section 12 (4) (a) of the Legal Profession Act as amended:

  1. The Attorney Mr. Lancelot Cowan is to make restitution of US$42, 770.12 to the Complainant
  2. Application for Stay of execution refused
  3. No Order as to costs

Dated 23rd October, 2021

Mr. Trevor HoLyn

CHAIRMAN

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