Paulette Amelia Warren Smith

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

Application by attorney Paulette Warren-Smith for a stay of the Disciplinary Committee's 31 May 2014 order (striking off, restitution of US$48,766 plus interest, and J$50,000 costs) pending her appeal. The Committee had heard the matter in the absence of both parties, accepting the complainants' affidavit as truth, and found the conduct egregious and in breach of several Canons. Mangatal JA (Ag) found the appeal had some prospect of success, particularly regarding service and natural justice issues (notices sent by registered mail were returned undelivered), and that the attorney faced grave professional and financial harm. Applying the Combi/Hammond Suddard balancing approach, the court granted the stay pending appeal, ordered an expedited hearing, and made costs costs in the appeal. No disciplinary sanction was imposed by this court; the breaches/dishonesty noted relate only to the (stayed) Committee findings. The Committee made no express finding of dishonesty in the text provided.

Duties found breached:

• Act only on proper, lawful instructions
• No conflict between current clients
• Maintain competence and CPD

Aggravating factors:

• Committee characterised the underlying conduct as egregious

Mitigating factors:

• Applicant claimed impeccable career as attorney since 1991
• Risk of severe professional and financial harm if no stay granted