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During the formal hearing pursuant to the Rulescontained in the Fifth Schedule to the Legal Profession Act, things were said that wouldreasonably have led to the conclusion that a decision had already been made on the very matterthat the hearing was about. Legal Profession Code of Ethics, Rules 70, 74, 86(1), 87 and 90(1). As it was he did not think that it was appropriate or proper to remain at thefinancial institution when it was past 2 o’clock and thought he should get to the meeting of the Committee.However strong a case there be, when a hearing is held pursuant tothe Rules, it must be held in accordance with the recognised procedure. The chairman then said to him: “This started out as a complaint by Mr. It has goneto a point where by the excessive delay several breaches of the Code of Ethics have nowtaken place.

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He did not take the oath andresponded in the affirmative to questions (1) whether he acknowledged the correspondence he hadwritten to the Committee admitting that at the time he was acting on behalf of Mr.

“IANAL” – I am not a lawyer – so maybe there’s a lawyer out there that can help us figure out if Ezra Alleyne repaid the money to a client. Alleyne had some sort of trouble finding the money to give it back to the client – even though the money was supposed to be safe and sound in his (ahem) “Trust” account. Section 19(1) enables a client of anattorney-at-law who feels aggrieved by what he regards as an act of, or default amounting toprofessional misconduct to apply to the Disciplinary Committee established by section 18 to [52]require the attorney-at-law to answer allegations contained in an affidavit. The court is of the view that the Committee cannot be held to be in error for its decision not todismiss Mr. Under the rules, it was a matter within its discretion. Alleyne was summoned to appear before the Committee on May 27, 1993on which date the matter was adjourned to July 8, 1993.

for which the Disciplinary Committee of the Bar Association found him guilty of misconduct and recommended that he repay the money and that he be suspended from practicing as a lawyer for 3 years. We’ll also print the entire case for the convenience of our readers – and, you know – just in case it gets lost with all the new attention… 270A which could reasonably have led to the conclusion that a decision hadalready been made on the very matter about which the hearing was being held – Proceedings anullity. Rules 3, 4, 5, 12, 14 and 16provide as follows: “3. Whitson Bynoe, on the 20th May, 1992 before a Notary Public in London. Alleyne ,368.40 on 28/1/1991 plus legal fee of

He did not take the oath andresponded in the affirmative to questions (1) whether he acknowledged the correspondence he hadwritten to the Committee admitting that at the time he was acting on behalf of Mr. “IANAL” – I am not a lawyer – so maybe there’s a lawyer out there that can help us figure out if Ezra Alleyne repaid the money to a client. Alleyne had some sort of trouble finding the money to give it back to the client – even though the money was supposed to be safe and sound in his (ahem) “Trust” account. Section 19(1) enables a client of anattorney-at-law who feels aggrieved by what he regards as an act of, or default amounting toprofessional misconduct to apply to the Disciplinary Committee established by section 18 to [52]require the attorney-at-law to answer allegations contained in an affidavit. The court is of the view that the Committee cannot be held to be in error for its decision not todismiss Mr. Under the rules, it was a matter within its discretion. Alleyne was summoned to appear before the Committee on May 27, 1993on which date the matter was adjourned to July 8, 1993.for which the Disciplinary Committee of the Bar Association found him guilty of misconduct and recommended that he repay the money and that he be suspended from practicing as a lawyer for 3 years. We’ll also print the entire case for the convenience of our readers – and, you know – just in case it gets lost with all the new attention… 270A which could reasonably have led to the conclusion that a decision hadalready been made on the very matter about which the hearing was being held – Proceedings anullity. Rules 3, 4, 5, 12, 14 and 16provide as follows: “3. Whitson Bynoe, on the 20th May, 1992 before a Notary Public in London. Alleyne $33,368.40 on 28/1/1991 plus legal fee of$1,300.00 to purchase land for him which had not then been completed and that Mr.The Committee’s report with itsrecommendations was forwarded to the Chief Justice pursuant to section 21(1) of the Legal Profession Act, Cap. Held: The exercise of the powers of the Court of Appeal to deal with matters of discipline on therecommendation of the Disciplinary Committee of the Bar Association would necessarily have asevere impact on the career and livelihood of an attorney-at-law and a case of professionalmisconduct can only be properly established if the fundamental principles of justice are observed. Alleyne was not at fault since he had not receivedthe conveyance from the vendor’s attorney-at-law. Nowthat all the facts are in the open and before the Committee, I do feel that the complaint hasbeen answered, and that it was submitted only because the client was not apprised of thetotal factual situation.” In the above letter, Mr. That letter was in response to an earlier letter from Mr. The chairmantold him that if he was not in a position to assure the Committee that the matter can be settled,they would have to proceed. Alleyne requested an adjournment to settle the matter.Attention later centred on the completion of the transaction by Mr. It was essential that he should have known what the charges were about,and it is clear from the record that he was aware that the focus of the investigation had shifted andthe charges against him related to his inability to pay over the money and the breach of theprofessional undertaking which he had given. 18-31 and Fifth Schedule containing The Legal Profession Rules, Rules 3-5,12, 14 and 16. The Chairman reminded him of the professional undertaking that he had given on July 8 to have thematter completed by July 29 and to hand over the documents, and told him that it was substantialafter that, that they had not in the interim received from him any formal communication seeking[57] an extension and that he did not see how they could in the circumstances continue to grant anextension. Alleyne explained that the undertaking had been seriously given and that, had thematter been completed as he had anticipated, he would have turned up at the meeting with amanager’s cheque. I look forward to receiving your cheque for the sum of $19,229.15 made up as follows…” The letter then set out the figures showing how the sum was calculated and carried a postscriptafter Mr. Rule 4 provides, interalia, that in any case where in the opinion of the Committee no prima facie case is shown, the Committee may, without requiring the attorney-at-law to answer the allegations, dismiss theapplication and notify the applicant and the attorney-at-law of the dismissal.

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He did not take the oath andresponded in the affirmative to questions (1) whether he acknowledged the correspondence he hadwritten to the Committee admitting that at the time he was acting on behalf of Mr.

“IANAL” – I am not a lawyer – so maybe there’s a lawyer out there that can help us figure out if Ezra Alleyne repaid the money to a client. Alleyne had some sort of trouble finding the money to give it back to the client – even though the money was supposed to be safe and sound in his (ahem) “Trust” account. Section 19(1) enables a client of anattorney-at-law who feels aggrieved by what he regards as an act of, or default amounting toprofessional misconduct to apply to the Disciplinary Committee established by section 18 to [52]require the attorney-at-law to answer allegations contained in an affidavit. The court is of the view that the Committee cannot be held to be in error for its decision not todismiss Mr. Under the rules, it was a matter within its discretion. Alleyne was summoned to appear before the Committee on May 27, 1993on which date the matter was adjourned to July 8, 1993.

for which the Disciplinary Committee of the Bar Association found him guilty of misconduct and recommended that he repay the money and that he be suspended from practicing as a lawyer for 3 years. We’ll also print the entire case for the convenience of our readers – and, you know – just in case it gets lost with all the new attention… 270A which could reasonably have led to the conclusion that a decision hadalready been made on the very matter about which the hearing was being held – Proceedings anullity. Rules 3, 4, 5, 12, 14 and 16provide as follows: “3. Whitson Bynoe, on the 20th May, 1992 before a Notary Public in London. Alleyne $33,368.40 on 28/1/1991 plus legal fee of$1,300.00 to purchase land for him which had not then been completed and that Mr.

The Committee’s report with itsrecommendations was forwarded to the Chief Justice pursuant to section 21(1) of the Legal Profession Act, Cap. Held: The exercise of the powers of the Court of Appeal to deal with matters of discipline on therecommendation of the Disciplinary Committee of the Bar Association would necessarily have asevere impact on the career and livelihood of an attorney-at-law and a case of professionalmisconduct can only be properly established if the fundamental principles of justice are observed. Alleyne was not at fault since he had not receivedthe conveyance from the vendor’s attorney-at-law. Nowthat all the facts are in the open and before the Committee, I do feel that the complaint hasbeen answered, and that it was submitted only because the client was not apprised of thetotal factual situation.” In the above letter, Mr. That letter was in response to an earlier letter from Mr. The chairmantold him that if he was not in a position to assure the Committee that the matter can be settled,they would have to proceed. Alleyne requested an adjournment to settle the matter.

Attention later centred on the completion of the transaction by Mr. It was essential that he should have known what the charges were about,and it is clear from the record that he was aware that the focus of the investigation had shifted andthe charges against him related to his inability to pay over the money and the breach of theprofessional undertaking which he had given. 18-31 and Fifth Schedule containing The Legal Profession Rules, Rules 3-5,12, 14 and 16. The Chairman reminded him of the professional undertaking that he had given on July 8 to have thematter completed by July 29 and to hand over the documents, and told him that it was substantialafter that, that they had not in the interim received from him any formal communication seeking[57] an extension and that he did not see how they could in the circumstances continue to grant anextension. Alleyne explained that the undertaking had been seriously given and that, had thematter been completed as he had anticipated, he would have turned up at the meeting with amanager’s cheque.

I look forward to receiving your cheque for the sum of $19,229.15 made up as follows…” The letter then set out the figures showing how the sum was calculated and carried a postscriptafter Mr. Rule 4 provides, interalia, that in any case where in the opinion of the Committee no prima facie case is shown, the Committee may, without requiring the attorney-at-law to answer the allegations, dismiss theapplication and notify the applicant and the attorney-at-law of the dismissal.

,300.00 to purchase land for him which had not then been completed and that Mr.

The Committee’s report with itsrecommendations was forwarded to the Chief Justice pursuant to section 21(1) of the Legal Profession Act, Cap. Held: The exercise of the powers of the Court of Appeal to deal with matters of discipline on therecommendation of the Disciplinary Committee of the Bar Association would necessarily have asevere impact on the career and livelihood of an attorney-at-law and a case of professionalmisconduct can only be properly established if the fundamental principles of justice are observed. Alleyne was not at fault since he had not receivedthe conveyance from the vendor’s attorney-at-law. Nowthat all the facts are in the open and before the Committee, I do feel that the complaint hasbeen answered, and that it was submitted only because the client was not apprised of thetotal factual situation.” In the above letter, Mr. That letter was in response to an earlier letter from Mr. The chairmantold him that if he was not in a position to assure the Committee that the matter can be settled,they would have to proceed. Alleyne requested an adjournment to settle the matter.

Attention later centred on the completion of the transaction by Mr. It was essential that he should have known what the charges were about,and it is clear from the record that he was aware that the focus of the investigation had shifted andthe charges against him related to his inability to pay over the money and the breach of theprofessional undertaking which he had given. 18-31 and Fifth Schedule containing The Legal Profession Rules, Rules 3-5,12, 14 and 16. The Chairman reminded him of the professional undertaking that he had given on July 8 to have thematter completed by July 29 and to hand over the documents, and told him that it was substantialafter that, that they had not in the interim received from him any formal communication seeking[57] an extension and that he did not see how they could in the circumstances continue to grant anextension. Alleyne explained that the undertaking had been seriously given and that, had thematter been completed as he had anticipated, he would have turned up at the meeting with amanager’s cheque.

I look forward to receiving your cheque for the sum of ,229.15 made up as follows…” The letter then set out the figures showing how the sum was calculated and carried a postscriptafter Mr. Rule 4 provides, interalia, that in any case where in the opinion of the Committee no prima facie case is shown, the Committee may, without requiring the attorney-at-law to answer the allegations, dismiss theapplication and notify the applicant and the attorney-at-law of the dismissal.

The question raised is whether in these circumstances the Committee should not have dismissed Mr. It seems to the court that clues to the answer are to befound in the rules of procedure prescribed for the Committee by the Act.Bynoe andreceiving the money for him, to complete the matter and (2) whether he acknowledged that hegave the Committee an undertaking on July 8 to complete the matter on July 29 and had not [58]been able to do so.The Committee then adjourned the matter for decision and gave Mr.He was reminded of his [51] undertaking given on July 8, 1993. By written notice dated June 10, 1992, the Committee’s secretary notified Mr. He remarked then, that nobody (I assumed he was referring to his daughter and to me)had told him what was going on. I would draw to your attention section 86(1) and 90(1) of the Legal Profession Code of Ethics which states inter alia that a breach of such undertaking shall constitute professionalmisconduct which is punishable by any of the penalties which the Disciplinary Committeeand which the Court of Appeal is empowered to impose.” Mr. She concluded her evidence and the chairman asked Mr.The Committeesubsequently found him guilty of misconduct and recommended that he repay the outstandingsums and be suspended from practice for 3 years. Since speaking to him last in early March, the matter hasbeen “out of my hands” and was being dealt with by Mr. Bynoe would have understood the position if he knew all the facts. Alleyne did not appear on July 29 and the Committee took a decision to hold a formal hearingand to give Mr. Alleyne if he wanted to say anythingfurther to them. Alleyne apologized for being late, the chairman told him that hethought that they were bound to go on with the formal hearing and that he could have therecording secretary repeat the evidence given by Miss Blackman on behalf of her father andproceed from there. Alleyne asked to be allowed to speak to Miss Blackman.This was apparently overturned on some technical grounds, but we can’t find any indication as to whether Mr. 😉 ALLEYNE, RE EZRA [COURT OF APPEAL – CIVIL APPEAL (Williams, P., Husbands and Smith, JJ. Facts: On January 28, 1991 the complainant who resides in London, England paid the sum of,368.40 and legal fees of

The question raised is whether in these circumstances the Committee should not have dismissed Mr. It seems to the court that clues to the answer are to befound in the rules of procedure prescribed for the Committee by the Act.

Bynoe andreceiving the money for him, to complete the matter and (2) whether he acknowledged that hegave the Committee an undertaking on July 8 to complete the matter on July 29 and had not [58]been able to do so.

The Committee then adjourned the matter for decision and gave Mr.

He was reminded of his [51] undertaking given on July 8, 1993. By written notice dated June 10, 1992, the Committee’s secretary notified Mr. He remarked then, that nobody (I assumed he was referring to his daughter and to me)had told him what was going on. I would draw to your attention section 86(1) and 90(1) of the Legal Profession Code of Ethics which states inter alia that a breach of such undertaking shall constitute professionalmisconduct which is punishable by any of the penalties which the Disciplinary Committeeand which the Court of Appeal is empowered to impose.” Mr. She concluded her evidence and the chairman asked Mr.

The Committeesubsequently found him guilty of misconduct and recommended that he repay the outstandingsums and be suspended from practice for 3 years. Since speaking to him last in early March, the matter hasbeen “out of my hands” and was being dealt with by Mr. Bynoe would have understood the position if he knew all the facts. Alleyne did not appear on July 29 and the Committee took a decision to hold a formal hearingand to give Mr. Alleyne if he wanted to say anythingfurther to them. Alleyne apologized for being late, the chairman told him that hethought that they were bound to go on with the formal hearing and that he could have therecording secretary repeat the evidence given by Miss Blackman on behalf of her father andproceed from there. Alleyne asked to be allowed to speak to Miss Blackman.

This was apparently overturned on some technical grounds, but we can’t find any indication as to whether Mr. 😉 ALLEYNE, RE EZRA [COURT OF APPEAL – CIVIL APPEAL (Williams, P., Husbands and Smith, JJ. Facts: On January 28, 1991 the complainant who resides in London, England paid the sum of$33,368.40 and legal fees of $1,300 to Mr. An application to the Committee to require an attorney-at-law to answer allegationscontained in an affidavit shall be in writing under the hand of the applicant in Form 1 of the Appendix and shall be sent to the secretary together with an affidavit by the applicant in Form 2 of the Appendix stating the matters of fact on which he relies in support of hisapplication. Before fixing a day for the hearing, the Committee may require the applicant to supplysuch further information and documents relating to the allegations as it thinks fit, and in anycase where in the opinion of the Committee no prima facie case is shown, the Committeemay, without requiring the attorney-at-law to answer the allegations, dismiss the applicationand notify the applicant and the attorney-at-law of the dismissal. In any case in which, in the opinion of the Committee, a prima facie case is shown, the Committee shall fix a day of hearing, and the secretary shall serve notice thereof on theapplicant and on the attorney-at-law a copy of the application and affidavit, and the noticeshall not be less than a twenty-one days’ notice. Notes of proceedings shall be taken by the secretary or other person appointed by the Committee, and any party who appeared at the proceedings shall be entitled to inspect theoriginal or a copy thereof, and every person entitled to be heard at the hearing upon theconsideration of the Report by the court, shall be entitled to a copy of such notes onpayment of the charges (if any) prescribed by rules of court. (1) Attorneys-at-law and witnesses shall have the same privileges and immunities inrelation to hearings on application under the Act as in any court of law. Alleynewas in breach of the Code of Ethics for unprofessional misconduct. Alleyne by letter of 24th April, 1992 replied to the secretary of the Committee pointingout that certain matters remained to be done by the vendor’s attorney-at-law beforecompletion could take place. Alleyne indicated that he accepted that the moneywas due and owing to the complainant or to his use and that [56] he was under obligation tocomplete or repay the money.

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The question raised is whether in these circumstances the Committee should not have dismissed Mr. It seems to the court that clues to the answer are to befound in the rules of procedure prescribed for the Committee by the Act.Bynoe andreceiving the money for him, to complete the matter and (2) whether he acknowledged that hegave the Committee an undertaking on July 8 to complete the matter on July 29 and had not [58]been able to do so.The Committee then adjourned the matter for decision and gave Mr.He was reminded of his [51] undertaking given on July 8, 1993. By written notice dated June 10, 1992, the Committee’s secretary notified Mr. He remarked then, that nobody (I assumed he was referring to his daughter and to me)had told him what was going on. I would draw to your attention section 86(1) and 90(1) of the Legal Profession Code of Ethics which states inter alia that a breach of such undertaking shall constitute professionalmisconduct which is punishable by any of the penalties which the Disciplinary Committeeand which the Court of Appeal is empowered to impose.” Mr. She concluded her evidence and the chairman asked Mr.The Committeesubsequently found him guilty of misconduct and recommended that he repay the outstandingsums and be suspended from practice for 3 years. Since speaking to him last in early March, the matter hasbeen “out of my hands” and was being dealt with by Mr. Bynoe would have understood the position if he knew all the facts. Alleyne did not appear on July 29 and the Committee took a decision to hold a formal hearingand to give Mr. Alleyne if he wanted to say anythingfurther to them. Alleyne apologized for being late, the chairman told him that hethought that they were bound to go on with the formal hearing and that he could have therecording secretary repeat the evidence given by Miss Blackman on behalf of her father andproceed from there. Alleyne asked to be allowed to speak to Miss Blackman.This was apparently overturned on some technical grounds, but we can’t find any indication as to whether Mr. 😉 ALLEYNE, RE EZRA [COURT OF APPEAL – CIVIL APPEAL (Williams, P., Husbands and Smith, JJ. Facts: On January 28, 1991 the complainant who resides in London, England paid the sum of$33,368.40 and legal fees of $1,300 to Mr. An application to the Committee to require an attorney-at-law to answer allegationscontained in an affidavit shall be in writing under the hand of the applicant in Form 1 of the Appendix and shall be sent to the secretary together with an affidavit by the applicant in Form 2 of the Appendix stating the matters of fact on which he relies in support of hisapplication. Before fixing a day for the hearing, the Committee may require the applicant to supplysuch further information and documents relating to the allegations as it thinks fit, and in anycase where in the opinion of the Committee no prima facie case is shown, the Committeemay, without requiring the attorney-at-law to answer the allegations, dismiss the applicationand notify the applicant and the attorney-at-law of the dismissal. In any case in which, in the opinion of the Committee, a prima facie case is shown, the Committee shall fix a day of hearing, and the secretary shall serve notice thereof on theapplicant and on the attorney-at-law a copy of the application and affidavit, and the noticeshall not be less than a twenty-one days’ notice. Notes of proceedings shall be taken by the secretary or other person appointed by the Committee, and any party who appeared at the proceedings shall be entitled to inspect theoriginal or a copy thereof, and every person entitled to be heard at the hearing upon theconsideration of the Report by the court, shall be entitled to a copy of such notes onpayment of the charges (if any) prescribed by rules of court. (1) Attorneys-at-law and witnesses shall have the same privileges and immunities inrelation to hearings on application under the Act as in any court of law. Alleynewas in breach of the Code of Ethics for unprofessional misconduct. Alleyne by letter of 24th April, 1992 replied to the secretary of the Committee pointingout that certain matters remained to be done by the vendor’s attorney-at-law beforecompletion could take place. Alleyne indicated that he accepted that the moneywas due and owing to the complainant or to his use and that [56] he was under obligation tocomplete or repay the money.

,300 to Mr. An application to the Committee to require an attorney-at-law to answer allegationscontained in an affidavit shall be in writing under the hand of the applicant in Form 1 of the Appendix and shall be sent to the secretary together with an affidavit by the applicant in Form 2 of the Appendix stating the matters of fact on which he relies in support of hisapplication. Before fixing a day for the hearing, the Committee may require the applicant to supplysuch further information and documents relating to the allegations as it thinks fit, and in anycase where in the opinion of the Committee no prima facie case is shown, the Committeemay, without requiring the attorney-at-law to answer the allegations, dismiss the applicationand notify the applicant and the attorney-at-law of the dismissal. In any case in which, in the opinion of the Committee, a prima facie case is shown, the Committee shall fix a day of hearing, and the secretary shall serve notice thereof on theapplicant and on the attorney-at-law a copy of the application and affidavit, and the noticeshall not be less than a twenty-one days’ notice. Notes of proceedings shall be taken by the secretary or other person appointed by the Committee, and any party who appeared at the proceedings shall be entitled to inspect theoriginal or a copy thereof, and every person entitled to be heard at the hearing upon theconsideration of the Report by the court, shall be entitled to a copy of such notes onpayment of the charges (if any) prescribed by rules of court. (1) Attorneys-at-law and witnesses shall have the same privileges and immunities inrelation to hearings on application under the Act as in any court of law. Alleynewas in breach of the Code of Ethics for unprofessional misconduct. Alleyne by letter of 24th April, 1992 replied to the secretary of the Committee pointingout that certain matters remained to be done by the vendor’s attorney-at-law beforecompletion could take place. Alleyne indicated that he accepted that the moneywas due and owing to the complainant or to his use and that [56] he was under obligation tocomplete or repay the money.