Georgette May Scott

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

Georgette Scott, a Jamaican attorney, was retained to sell the complainant's Ocho Rios apartment for J$2.2 million. After receiving the proceeds she issued a cheque to the complainant which was dishonoured, and she failed to account for the balance, leaving J$750,000 outstanding. The Disciplinary Committee of the General Legal Council found that she had used the client's funds for her own or others' benefit, expressly finding she acted dishonestly, and struck her from the Roll, ordering restitution of J$750,000 with 12% interest and J$50,000 costs. Her defence of mental illness was rejected as there was no credible evidence it affected her conduct in 2004-2005. On appeal she raised procedural irregularity (refusal to allow withdrawal of the complaint), bias of panel members, inadequate reasons and excessive sanction. The Court of Appeal rejected all grounds, holding a three-member division could properly refuse withdrawal, finding no bias, and confirming that striking off was the appropriate sanction for misappropriation of client funds. The appeal was dismissed with costs.

Duties found breached:

• Proper basis for allegations
• Uphold public trust in the profession
• No baseless or threatened misconduct report

Aggravating factors:

• Misappropriated proceeds of sale entrusted to her, using client funds for her own or others' benefit
• Misappropriation occurred after the complainant had paid her costs in advance
• Admitted she had similar problems with funds belonging to other clients
• Failed to make good the dishonoured cheque despite repeated promises

Mitigating factors:

• Alleged history of paternal abuse and financial pressure from her father
• Claimed reactive depression and psychiatric condition (medical report of Dr. Aggrey Irons)
• Made partial repayment (had repaid J$1,300,000 including interest)