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Earl A. Ferguson

JurisdictionJamaica
BodyGeneral Legal Council — Disciplinary Committee (GLC)
Professionattorney
Case number136 of 2019
DateJanuary 26, 2022
OutcomeReprimanded, Fined, Training Ordered

Allegation / charges

Reprimanded, Fined, Training Ordered | Disciplinary Committee decision delivered January 26, 2022. || Guilty of Professional Misconduct | Disciplinary Committee decision delivered March 31, 2021. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO: …

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

SanctionReprimand
FineJMD 400,000
CostsJMD 300,000
Dishonesty foundNo

The Respondent attorney had carriage of sale of a property which sold for $30,000,000 in December 2016, receiving proceeds in March 2017. The seller, Rudolph Morris, died testate in June 2017 without receiving the net proceeds. The attorney failed to account for monies held on behalf of the deceased and paid out substantial portions of the residue to third parties without written authorization. He only transferred $5,000,000 to the Complainant after being threatened with the Fraud Squad. The Panel found breaches of Canon VII(b)(ii) and Regulation 9. No finding of dishonesty or negligence was made (no negligence complaint was filed). The Respondent was reprimanded, ordered to undergo training in Probate & Administration, fined $400,000 and ordered to pay costs of $300,000 ($260,000 to the GLC, $40,000 to the Complainant).

Duties found breached:

Aggravating factors:

  • Respondent only transferred $5,000,000 to the Complainant after being threatened with referral to the Fraud Squad, having disavowed knowledge of receiving the proceeds
  • No evidence of remorse or willingness to apologize

Mitigating factors:

  • Previous good character (supported by affidavits affirming his good character, integrity and diligence)

Documents

Source: https://www.generallegalcouncil.org/judgement/earl-a-ferguson-complaint-no-136-of-2019-sanction-hearing/