Decision record
Beriston Bryan
Allegation / charges
Fined, Restitution Ordered | Disciplinary Committee decision delivered October 04, 2008. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT No. 131 OF 2003 IN THE MATTER OF A COMPLAINT HORTENSE SHARPE-SANDERSON AGAINST BERISTON BRYAN, …
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Complaint by Hortense Sharpe-Sanderson against attorney Berriston Bryan for delay and negligence in a conveyancing transaction. The transaction, which should have completed within 120 days, took about 10 months, causing additional mortgage interest. The attorney had delegated the matter to his secretary without adequate supervision and failed to stamp the Agreement for Sale timely. He also failed to honour a written undertaking to pay J$140,000. The Disciplinary Committee found him guilty of professional misconduct under Canons iv(r), iv(s) and vi(d). Allegations under Canon 1(b) and Canons vii(a)/(b) (accounting) were not proven to the criminal standard. No express finding of dishonesty was made. He was ordered to pay restitution of J$140,000 plus 12% interest, two fines of J$50,000 each, and costs of J$150,000.
Duties found breached:
Aggravating factors:
- Inordinate delay: took approximately 10 months to complete a transaction set for completion in 120 days
- Delegated conduct of the sale to his secretary without adequate supervision
- Failed to stamp Agreement for Sale in a timely manner despite holding the deposit from April 2003
- Failure to honour his written undertaking to pay J$140,000
- Caused the Complainant and her husband to incur additional mortgage interest of J$170,849.50
Mitigating factors:
- Respondent accepted some responsibility for the delay and offered to reimburse losses to maintain good client relations
⚠ figures not found verbatim in the source were dropped: ["unverified_fine_amount=100000"]
Duties engaged
- Honesty
- No taking unfair advantage
- Personal probity and fitness to practise
- Uphold public trust in the profession
- Disclose material information to client
- Keep client informed and respond promptly
- No conflict between current clients
- Segregate client money
- No improper use of client money
- Competence
- Diligence and timeliness
- Honour professional undertakings
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Documents
Source: https://www.generallegalcouncil.org/judgement/beriston-bryan-complaint-no-131-of-2003/