Disciplinary Committee Fails to Protect Client now Deceased, AGAIN!
The judgement handed down by the Court of Appeal in the matter No:108 of 2008 (attached) is compelling reading, all 67 pages. In summary, John Patrick Connor and his wife (vendors) retained Philip Vernon Nicholls (lawyer) to facilitate the sale of a property, purchase price $950,000. The proceeds of the sale were never paid to the Connors now deceased. The judgement exposes a litany of woes and vindicates Barbados Underground on several issues raised- see updates on BU’s Tales from the Courts page.
In brief the report prepared by the Disciplinary Report to support request Attorney-at-Law Philip Vernon Nicholls be removed from the roll of lawyers practising in Barbados was dismissed because of ‘procedural irregularities’. Here is Justice of Appeal Rajendra Narine (p.43) scathing dissenting opinion.
It is unfortunate to witness another case of an oversight body (Disciplinary Committee) established by statute to protect the interest of the public from lawyers who engage in unprofessional conduct not met.
A resource link:
The Disciplinary Committee is created pursuant to the Legal Professions Act Cap 370A and is “charged with the duty of upholding standards of professional conduct”. The Committee is charged with making rules in relation to the standards of professional etiquette and conduct of attorneys. It comprises seven attorneys, of whom at least three shall be of not less than ten years’ standing in the legal profession, nominated by the Bar Association. Each member shall hold tenure for a period not exceeding two years but each member is eligible for renomination.Raising the BAR