Updated | Court of Appeal upholds disbarment of attorney Minett Palmer-Lawrence

The Court of Appeal today agreed with the General Legal Council (GLC) that attorney-at-law Minette Palmer-Lawrence should be struck from the roll of lawyers eligible to practice in Jamaica.

The court found that Palmer-Lawrence was not guilty of dishonesty or fraud as the disciplinary committee of the GCL had found.

Palmer-Lawrence had vehemently denied allegations of fraudulent conduct.

However, the court ruled that she did breach canons of the legal profession and affirmed the committee's decision that she was guilty of professional misconduct.

“Her conduct, even though not classified as fraudulent or dishonest, is, nevertheless, so grossly negligent, or, indeed reckless, so as to be sufficiently weighty to warrant the ultimate sanction of striking off,” read a section of the judgment.

Palmer-Lawrence was disbarred in 2018 by the disciplinary committee of the GLC following a complaint made against her by businessman Kaon Northover.

She was found guilty of professional misconduct.

The committee found that Palmer-Lawrence “acted dishonesty and was involved in a dishonest scheme to persuade the complainant to part with his funds in what turned out to be a fictitious investment.”

She was ordered by the committee to pay US$498,000 in compensation to Northover.

She was also ordered to pay $750,000 in legal costs to Northover.

Palmer-Lawrence appealed the ruling and the court granted her a stay of execution pending the outcome of the matter.

She had asked the court to set aside the committee's decision because she was innocent.

Northover had complained in 2013 to the GLC that the attorney had persuaded him to make an investment in a scheme and he gave her US$400,000 in 2008.

The committee found that Palmer-Lawrence was involved in a dishonest scheme to persuade the complainant to part with his funds in pursuit of what turned out to be a fictitious investment.

In allowing the appeal in part, the Court of Appeal said the conclusion of the committee that she acted dishonestly was erroneous and should be set aside.

It also set aside the decision for her to pay US$498,000 and substituted it with an order to pay US$47,000 at the rate of 2% per annum from September 25, 2008, to Northover.

The court upheld the committee's decision for Northover to be paid $750,000 in legal cost.

And the court upheld the committee's decision that she breached the canons and was guilty of professional misconduct.

“The findings of the committee that the appellant acted for two clients with conflicting interests in breach of canon IV(k); acted with inexcusable and deplorable negligence in breach of canon IV (s); and acted dishonourably in breach of canon 1(b), are unimpeachable. The findings of the committee on these matters should, therefore, be affirmed,” read a section of judgment.

As a result, the decision to disbar her was upheld.

“Justice has prevailed and I am grateful to the GLC and the court,” said Northover who was represented by attorney-at-law Joseph Jarrett.

Lord Anthony Gifford, who represented Palmer-Lawrence, said he is studying the judgment and was actively considering taking the matter to the United Kingdom Privy Council.

- Barbara Gayle

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