Harold C. Brady
Allegation / charges
Struck off, Restitution Ordered - Disciplinary Committee decision delivered March 4, 2017 | Finding of Professional Misconduct - Disciplinary Committee decision delivered February 25, 2017. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL ON HEARING …
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Attorney, Harold Brady, was found guilty of professional misconduct for failing to account to his client, Factories Corporation of Jamaica Limited, for the balance proceeds of sale of its property. He collected the purchase price but failed to pay over the balance (save for $70,000,000 paid after his retainer ended), misled the client with statements claiming funds were held earning interest, and failed to stamp the Agreement for Sale, causing the client to incur penalties. The Panel made an express finding of serious dishonesty (misappropriation of client funds). Applying Bolton v Law Society, the Panel struck the Attorney off the Roll, ordered restitution of $111,380,364.62 with interest, and costs of $80,000.
Duties found breached:
- Overriding duty to the court
- Uphold public trust in the profession
- Handle inadvertently received material
- Report serious misconduct of others
Aggravating factors:
- Misappropriation of substantial client funds
- Misled client with false statement of account claiming funds were held earning interest
- Client deprived of substantial funds for approximately 2.5 years
- Caused client to incur penalties of $12,600,020
- Filed an affidavit falsely claiming repayment of $127,703,020 which actually related to a different transaction
- Great loss caused to the Complainant
Duties engaged
- Overriding duty to the court
- Honesty
- Personal probity and fitness to practise
- Uphold public trust in the profession
- Disclose material information to client
- Keep client informed and respond promptly
- Handle inadvertently received material
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
- Diligence and timeliness
- Report serious misconduct of others
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