Decision record
Carleen McFarlane
Allegation / charges
Appeal dismissed, GLC Disciplinary Committee Decision Affirmed | Court of Appeal decision delivered December 09, 2022. View PDF in Full Screen …
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Attorney Carleen McFarlane appealed the Disciplinary Committee's finding that she breached Canon IV(s) by paying a full deposit refund (from funds belonging to the complainant) solely to the co-purchaser, Ms Thompson, without the complainant's instructions, based on an unreasonable interpretation of an 'and/or' answer in her questionnaire. The Court of Appeal held there was ample evidence the complainant had made known the deposit was his money, that no ostensible/implied agency authorised paying out the trust money, and that this single critical error amounted to inexcusable or deplorable negligence rather than a mere slip. The court expressly noted the case concerned negligent conduct, not dishonesty. The appeal was dismissed and the Committee's order for restitution of J$350,000 and costs of J$300,000 was affirmed, with costs of the appeal awarded to the respondent.
Duties found breached:
Aggravating factors:
- Mishandling of client's trust money, which the law treats with particular seriousness
Duties engaged
Documents
Source: https://www.generallegalcouncil.org/judgement/carleen-mcfarlane-miscellaneous-no-coa2020ms00004/