RESULT: Formal Order || Suspended, Fined | Disciplinary Committee decision delivered July 13, 2019. || Guilty of Professional Misconduct | Disciplinary Committee decision delivered July 26, 2019.
FORMAL ORDER
OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL
COMPLAINT NO: 186/2010
IN THE MATTER OF FRANK PHIPPS, Q.C. and RAYMOND CLOUGH an Attorney-at-Law
AND
IN THE MATTER OF THE LEGAL PROFESSION ACT, 1971
PANEL:
Mrs Margarette Macaulay
Mrs. Ursula Khan
Mr. Trevor Ho-Lyn
DECISION DELIVERED 26th JULY, 2019
UPON THE APPLICATION made under section 12 (1) (a) of the Legal Profession Act and dated the 13th December, 2010 and the Affidavit sworn to on the 13th December, 2010 and coming on for hearing before the Disciplinary Committee on the 30th November, 2013, 3rd May, 2014*; 17th May, 2014*; 22nd November, 2014*, 6th December,2014; 7th March, 2015; 28th March, 2015*; 2nd May, 2015, 20th June, 2015*, 11th July, 2015*, 25th July, 2015; 19th September, 2015; 10th October, 2015, 5th December, 2015*, 16th January, 2016, 12th March, 2016*, 9th July, 2016; 17th September, 2016, 8th October, 2016, 12th November, 2016*, 17th March, 2018; 28th May, 2018*, 29th May, 2018*, (*Evidence taken)
AND UPON the Respondent Attorney-at-law Raymond Clough appearing with his Counsel Abraham Dabdoub and Nicola Murray and having given evidence on oath
AND UPON the Complainant Frank Phipps, Q.C. appearing with his Counsel Richard Small, Donna Scott-Mottley and Georgia Buckley and having given evidence on oath
AND UPON DUE CONSIDERATION of the sworn evidence of Raymond Clough and the evidence of Frank Phipps, Q.C. coupled with submissions of Counsels for and on behalf of the Complainant and the Respondent
AND UPON the Committee having found the Attorney-at-law Raymond Clough guilty of professional misconduct on the 11th May, 2019
AND UPON Counsel for the Complainant having made written and oral submissions in relation to the issue of sanctions and Counsel for the Respondent having also made oral submissions in mitigation on the 13th July, 2019
THE COMMITTEE FINDS THAT:
Attorney Raymond Clough is guilty of professional misconduct in that, the Attorney was found guilty of inexcusable and deplorable negligence contrary to Canon IV of the Canons of Professional Ethics Rules as the Attorney having been retained by the Complainant to apply for the modification of restrictive covenants with regard to two parcels of land, failed to do so, by allowing a law student to hold himself out as an attorney-at-law thereby deceiving members of the public which in and of itself is dishonest conduct , in contravention of section 8 of the Legal Profession Act.
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 Raymond Clough is suspended from practice for a period of one year commencing 1st September, 2019.
- The Attorney Raymond Clough is to pay the sum of $850,000.00 to the General Legal Council on or before the 15th August, 2019 and from that sum the amount of $400,000.00 is to be paid to the Complainant.
Mrs. Margarette Macaulay
CHAIRMAN OF PANEL
Dated 26th July, 2019