RESULT: Struck off, Restitution Ordered | Disciplinary Committee decision delivered April 27, 2019.

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FORMAL ORDER
OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL

COMPLAINT NO: 129/2017

IN THE MATTER OF AMELIA ANN ELLIS and LOVERNE ANNMARIE GEORGE an Attorney-at-­Law

AND

IN THE MATTER OF THE LEGAL PROFESSION ACT, 1971

PANEL:
Mr. Trevor Ho-Lyn
Ms. Katherine Francis
Ms. Marjorie Shaw

DECISION DELIVERED 27TH APRIL, 2019

UPON THE APPLICATION made under section 12 (1) (a) of the Legal Profession Act and dated the 28th April, 2017 coming on for hearing before the Disciplinary Committee on the 22nd September, 2018 and 27th October, 2018

AND UPON the Respondent Attorney-at-law Loverne George not appearing but having Counsel Horace Gray appearing on her behalf

AND UPON the Complainant Amelia Ann Ellis appearing and having given evidence on oath

AND UPON DUE CONSIDERATION of the evidence of the complainant coupled with her documentary  evidence.

AND UPON the Committee having found the Attorney-at-law Loverne Annmarie George guilty of professional misconduct on the 8th December, 2018.

AND UPON Attorney having been given the opportunity to make submissions in mitigation of sanction on the 27th April, 2019 to no avail.

THE COMMITTEE FINDS THAT:

Attorney Loverne Annmarie George is guilty of professional misconduct in that the panel finds that:

1. The Attorney received the refunded deposit of $2,500,000.00 from a cancelled sale while acting on behalf of the Complainant over two years ago and to date has failed to return it to the Complainant.

In the circumstances the Attorney has breached Canon 1 (b) which states that an Attorney shall at all times maintain the honour and dignity of the profession and shall abstain from behavior which may tend to discredit the profession of which she is a member.

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 Loverne George is struck form the Roll of Attorneys-at-law entitled to practice in the several courts of the Island of Jamaica.
2. The Attorney Loverne George is to make restitution to the Complainant in the sum of $2.5 Million with interest thereon from the 1st March, 2017 at the rate of 3% to December 8, 2018; thereafter 6% from December 8, 2018 to date of payment.
3. The Attorney Loverne George is to pay costs in the sum of $50,000.00 to the General Legal Council.
4. The Attorney Loverne George is to pay costs in the sum of $50,000.00 to the complainant.

CHAIRMAN OF PANEL

Dated 1st May, 2019