By Barbara Gayle, Staff ReporterAN ATTORNEY-at-law, who was suspended by the disciplinary committee of the General Legal Council from practising for six months as of July 1 this year, has filed an appeal seeking to have the suspension order set aside.
Arlene Gaynor was suspended after the disciplinary committee found that she had induced a purchaser to execute a sale agreement and make a part payment of $1.2 million, without disclosing to the purchaser the existence of injunctions and caveats lodged against the property.
VERDICT
The disciplinary committee, after conducting a hearing into the complaint made against Gaynor, found that she induced the purchaser to have the bank submit an undertaking dated January 6, 2001, to pay the sum of $6 million in the belief that the vendors were in a position to transfer the property within 30 days.
Gaynor's failure to make the disclosure in relation to the caveats lodged against the pro-perty and the injunction restraining the sale of the property constituted a misrepresentation and a failure to act with honesty, integrity and in good faith in conducting the sale was a breach of the Canons of professional ethics, the disciplinary committee held.
In addition to her suspension, she was ordered to pay the complainant $55,000 and the complainant's legal costs of $40,000.
COMMITTEE ERRED
Gaynor, who is represented by attorney-at-law Garth McBean, has filed an appeal contending that the disciplinary committee erred when it found that she was guilty of professional misconduct. She said the committee erred having regard to the legal duty on the part of the purchaser's attorney-at-law to conduct a title search. She contends further that there was no evidence that she knew that the purchaser's attorney-at-law was unaware of the caveats when the agreement was executed.
