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Decision record

Brian Christopher M. Wallace

JurisdictionJamaica
BodyGeneral Legal Council — Disciplinary Committee (GLC)
Professionattorney
Case number13 of 2002
DateDecember 04, 2010
OutcomeFined

Allegation / charges

Fined | Disciplinary Committee decision delivered December 04, 2010. View PDF DECISION OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCILCOMPLAINT No. 13/2002 BETWEEN STANLEY SIMPSON COMPLAINANT AND BRIAN WALLACE RESPONDENT PANEL:Mr. Christopher Bovell Dr. Adolph Edwards Mr. Allan …

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

SanctionFine
FineJMD 500,000
Dishonesty foundNo

The Respondent attorney was retained in 2000 to complete a sale of property in Westmoreland. He failed to complete the transaction, instead advancing the purchase money (approx US$40,000) to the client without reserving funds for transfer tax and stamp duty. Over roughly 10 years the sale was never completed, the required taxes went unpaid, and the title was lost when the Respondent's safe was stolen; the Respondent also migrated. The Panel found beyond reasonable doubt breaches of Canon IV for failure to act with due expedition and inexcusable neglect. No dishonesty was found. The Panel imposed a fine of J$500,000, half of which was directed to the Complainant.

Duties found breached:

Aggravating factors:

  • Approximately 10 years elapsed without completion of the sale
  • No prospect of completion as the Respondent had migrated
  • Title for the property lost when Respondent's safe was stolen
  • Requisite duties and taxes not paid

Mitigating factors:

  • Respondent advanced the purchase price to the Complainant from his own pocket
  • Client compensated for loss during delay due to devaluation of Jamaican dollar

Duties engaged

Documents

Source: https://www.generallegalcouncil.org/judgement/brian-christopher-m-wallace-complaint-no-13-of-2002/