Arlene Ann Gaynor

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

The appellant, an attorney acting for vendors in a property sale, was found by the Disciplinary Committee of the General Legal Council to be guilty of professional misconduct, having failed to act with honesty and integrity. She deliberately withheld from the purchaser's attorney the existence of a Mareva injunction and caveats, misrepresented that her clients could complete, called on the bank's expired undertaking after her services were terminated and the sale cancelled, and retained the purchaser's funds. She was suspended for 6 months, ordered to pay JMD 55,220 restitution and JMD 40,000 costs. The Court of Appeal upheld the findings and sanction, dismissing the appeal with costs.

Duties found breached:

• Uphold public trust in the profession
• No conflict between current clients
• No baseless or threatened misconduct report

Aggravating factors:

• Deliberate withholding of crucial information (told purchaser's attorney only two of four impediments)
• Misrepresented that vendors were in a position to close when a Mareva injunction restrained transfer
• Called on the purchaser's bank undertaking to pay balance after her services were terminated and after cancellation was agreed
• Refused to pay over funds belonging to the purchaser