Decision record
Georgette May Scott
Allegation / charges
Leave to Appeal to Privy Council Denied, Court of Appeal & Disciplinary Committee Decisions upheld | Court of Appeal decision delivered December 18, 2009. View PDF JAMAICA SUPREME COURT CIVIL APPEAL NO. 118/2008 MOTION NO. 15 OF 2009 BEFORE …
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Attorney Georgette Scott was retained to handle the sale of the complainant's Ocho Rios apartment. She received the proceeds but her cheque to the complainant was dishonoured, and she failed to account for J$750,000. The Disciplinary Committee of the General Legal Council found she used client funds for her own or others' benefit and expressly found she acted dishonestly, rejecting claims that the funds were a loan or that mental illness caused the misuse (no credible evidence she was ill in 2004/2005). She was struck off the Roll and ordered to make restitution of J$750,000 with 12% interest and pay J$50,000 costs. On appeal, arguments regarding procedural irregularity in refusing the complainant's withdrawal, bias of panel members, the medical report, and excessiveness of sanction were all rejected. The Court of Appeal dismissed the appeal and affirmed the Committee's order, awarding costs of the appeal to the respondent.
Duties found breached:
- Uphold public trust in the profession
- No improper use of client money
- No baseless or threatened misconduct report
Aggravating factors:
- Misappropriated proceeds of sale entrusted to her, using client funds for her own benefit or that of others
- Misappropriation occurred after client had paid her costs in advance
- Failed to make good a dishonoured cheque despite promises
- Admitted having similar problems with funds belonging to other clients
- Failed to account for J$750,000 balance
Mitigating factors:
- Claimed illness/mental condition (reactive depression, personality disorder) per Dr. Irons' report
- History of paternal abuse and financial pressures caused by her father
- Made some partial repayment (claimed J$1,300,000 including interest)
Duties engaged
Other decisions involving this respondent
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Documents
Source: https://www.generallegalcouncil.org/judgement/georgette-may-scott-complaint-no-15-of-2009/