Harold C. Brady

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

The complainants entered agreements for sale and construction of a townhouse (combined consideration US$300,000) with KES, which ran into financial difficulties. The respondent attorney acted for Arc, assignee of the balance due under the construction agreement. He served a Notice of Assignment and, by remaining silent and non-responsive to correspondence, led the complainants to believe that mortgage proceeds (J$14 million) over and above the balance due to KES would be returned to them, though he knew the full mortgage did not represent the amount due to his client. He nonetheless paid the entire J$14 million to KES on their instructions. The Committee found him guilty of professional misconduct under Canon 1(b), reprimanded him, and ordered him to pay J$250,000 towards costs. No express finding of dishonesty was made.

Duties found breached:

• Uphold public trust in the profession

Mitigating factors:

• Settlement with KES meant the complainants were not or ought not to be out of pocket as a consequence of the attorney's breach