Decision record
Earl A. Ferguson
Allegation / charges
Reprimanded, Fined, Training Ordered | Disciplinary Committee decision delivered January 26, 2022. || Guilty of Professional Misconduct | Disciplinary Committee decision delivered March 31, 2021. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL COMPLAINT NO: …
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
The Disciplinary Committee found that the Respondent attorney, who received $30,000,000 in proceeds from the sale of a client's property, failed to account for monies held on behalf of the deceased client and improperly paid out estate funds without written authorization. He was found in breach of Canon VII(b)(ii) (misconduct) and regulation 9 of the Accounts and Records Regulations. No express finding of dishonesty was made and no negligence charge was before the panel. Sanctions imposed: reprimand, mandatory CLPD training in Probate & Administration, a fine of $400,000, and costs of $300,000 (JMD).
Duties found breached:
Aggravating factors:
- Attorney disavowed knowledge of having received the proceeds of sale and only transferred $5,000,000 after the Complainant threatened to go to the Fraud Squad
- Improper payment of a substantial part of the net proceeds to third parties, depriving beneficiaries of their legacies and requiring the estate to seek restitution
- No evidence of remorse or willingness to apologize
Mitigating factors:
- Previous good character (supported by affidavits affirming his integrity and diligence)
Duties engaged
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