Earl A. Ferguson

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

The Disciplinary Committee of the General Legal Council found Attorney Earl Ferguson guilty of professional misconduct on two grounds (a complaint of conflict of interest having been abandoned). Ferguson had carriage of sale of Rudolph Morris's Norbrook property, receiving approximately J$26 million in proceeds in 2017, but did not pay them to Morris before his death and only paid the Complainant (Morris's son and Executor) J$5 million after a threat to report him to the Fraud Squad, later paying a further J$4,760,009. The Panel found he failed to account properly for monies (Canon VII(b)(ii)), failed to place funds in an interest-bearing account, made payments on oral instructions without written authority, and failed to maintain the honour and dignity of the profession (Canon I(b)). The Panel rejected his claim that he needed a grant of probate before paying the Executor. No express finding of dishonesty was made. Sanction was deferred pending a hearing in mitigation.

Duties found breached:

• No improper use of client money
• Uphold public trust in the profession

Aggravating factors:

• Failed to pay net proceeds of sale (approx J$26 million received in 2017) to the deceased before his death or to the Executor
• Disavowed knowledge of having received the proceeds until threatened with reporting to the Fraud Squad
• Made all payments out of proceeds on alleged oral instructions without any written authorization
• Failed to place proceeds in an interest-bearing account, depriving the estate of interest
• Failed to justify a J$200,000 payment to a process server and J$9,320,000 payment to Keith Barton (including refrigerator, stove and rental) with no explanation
• Statement of account omitted attorney's fees, certain expenses and interest

Mitigating factors:

• Eventually paid the Complainant J$5,000,000 (Nov 2017) and a further J$4,760,009 (Aug 2020)
• Prepared and produced documentation including receipts and the Will