Decision record
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 Disciplinary Committee found attorney Harold Brady guilty of professional misconduct for failing to account to his client, Factories Corporation of Jamaica Limited, for the balance proceeds of a property sale. He collected the purchase price but failed to pay over the funds, misled the client with false statements that money was held on interest-bearing account, and caused the client to incur stamp duty penalties. The Panel found serious dishonesty and misappropriation. Applying Bolton v Law Society, it ordered him struck off the Roll, restitution of $111,380,364.62 plus interest, and costs of $80,000.
Duties found breached:
- No improper communication with the court
- Uphold public trust in the profession
- Advise on alternatives, settlement and outcome
- No improper use of client money
- Report serious misconduct of others
Aggravating factors:
- Misappropriation of substantial client funds (balance owing $111,380,364.62 inclusive of interest)
- Betrayal of client's trust and confidence
- Client deprived of funds for approximately 2.5 years
- Misled client with false statement of account and letters claiming funds were held earning interest
- Client forced to incur penalties of $12,600,020.00 due to unstamped Agreement for Sale
- Filed misleading affidavit claiming to have paid sums that related to a different transaction
Mitigating factors:
- Expressed willingness to repay the monies and took steps (title, transfer, mortgage, promissory note)
- Admitted owing the money
- Expressed regret/contrition
- Cited illness (hypertension affecting eyes)
Duties engaged
- No improper communication with 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
- Advise on alternatives, settlement and outcome
- No improper use of client money
- Prompt accounting and return of money
- Accounting records, reconciliation and reports
- Diligence and timeliness
- Report serious misconduct of others
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