RESULT: Struck off, Restitution ordered | Disciplinary Committee decision delivered March 06, 2020. || Guilty of Professional Misconduct | Disciplinary Committee decision delivered January 29, 2020.
AMENDED FORMAL ORDER
OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL
COMPLAINT NO: 141/2018
IN THE MATTER OF SALOME BAILEY and HUMPHREY MCPHERSON an Attorney-at-Law
AND
IN THE MATTER OF THE LEGAL PROFESSION ACT, 1971
PANEL:
Mr. Jerome Lee
Mrs. Nadine Guy
Mr. Kevin Powell
DECISION DELIVERED ON 6th MARCH 2020
UPON THE APPLICATION made under section 12(1) (a) of the Legal Profession Act and dated 12th June 2018 and Affidavit in support dated 12th June 2018 and coming on for hearing before the Disciplinary Committee on the 13th November 2019, 29th January 2020 and 6th March 2020,
AND UPON the Complainant, Salome Bailey appearing and having given evidence on oath,
AND UPON the Respondent Attorney-at-law, Humphrey McPherson, not appearing or responding to the Application,
AND UPON DUE CONSIDERATION of the sworn evidence of Salome Bailey,
AND UPON the Committee having found the Attorney-at-law, Humphrey McPherson, guilty of professional misconduct on 29th January 2020,
AND UPON the Attorney having been given the opportunity to make submissions in mitigation of sanction on 6th March 2020 but not appearing nor sending any written affidavit or submissions in mitigation,
THE COMMITTEE FINDS THAT:
The Attorney Humphrey McPherson is guilty of professional misconduct in that on May 8, 2009 the Attorney obtained judgment on behalf of Salome Bailey in the sum of $3, 119,958. 77 together with interest at 3% per annum from January 1, 1993 to June 30, 1999 and 6% per annum from July 1, 1999 to December 31, 2002. The Attorney collected a total judgment sum of $6,410,612.11 but only paid Mrs. Bailey a total sum of $2,287,500.00. Despite repeated requests the Attorney did not inform Mrs. Bailey that he had received the full judgment sum or pay her the balance of $2,520,459.08 due to her, taking into account his 25% contingency fee.
The Attorney has breached Canons I(b), IV(r) and VII (b)(ii) of the Legal Profession (Canons of Professional Ethics) Rules.
PURSUANT TO THE FOREGOING FINDINGS, THE COMMITTEE UNANIMOUSLY HEREBY ORDERS THAT:-
Pursuant to section 12(4) of the Legal Profession Act as amended:
- The name of the Respondent Attorney, Humphrey McPherson be struck from the Roll of Attorneys entitled to practice in the several courts of Jamaica.
- The Respondent Attorney, Humphrey McPherson is to give restitution to the Complainant by paying her the sum of $2,520,459.08.
- The Respondent Attorney shall pay costs of $45,000.00 to the Complainant.
JEROME LEE
CHAIRMAN OF THE PANEL
6th March 2020