Gresford Jones

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

The Disciplinary Committee of the General Legal Council found attorney Gresford Jones guilty of misconduct in a professional respect in handling the probate of the late Peter Ferron's estate and the sale of a Barbados property. After rejecting preliminary objections on jurisdiction and on the existence of an attorney/client relationship (finding the beneficiaries were his clients under a joint retainer), the Committee found breaches of Canons I(b), IV(f), IV(r) and VII(b)(ii) proved beyond reasonable doubt. Key concerns were unreasonable/unagreed fees (the 10% fee variation signed by the ailing executor could not stand; proper fees fixed at J$36,332.50), failure to disclose receipt of sale proceeds for about two years, and failure to properly account for and safeguard funds. No express finding of dishonesty was made. The Respondent was fined J$300,000, ordered to make restitution of J$1,408,633.08 (including interest) to the executor's personal representative or escrow, and to pay J$250,000 costs.

Duties found breached:

• No improper communication with the court
• No improper use of client money
• Proper basis for allegations
• Uphold public trust in the profession

Aggravating factors:

• Failure to communicate receipt of the Barbados sale proceeds for about two years
• Holding funds in a cavalier manner - not in foreign currency as promised and not in an interest-bearing account, to the detriment of the estate
• Varying the fee agreement without the knowledge/consent of the person who undertook to pay, when the ailing executor signed by his mark
• Prioritising his own interest over the welfare of the estate funds

Mitigating factors:

• Respondent expended much time, work and effort and prepared documents promptly
• Respondent communicated frequently in writing (over twenty letters)
• Sought advice in a timely manner where necessary
• Business generally conducted with due expedition; some delays attributable to lack of funding and court registry delays
• Inaccurate statement of account was subsequently remedied